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Counterinsurgency Law by William Banks,William C. Banks Pdf
"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others"--Page xxii, Introduction.
War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.
The Counterinsurgent's Constitution by Ganesh Sitaraman Pdf
Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
Insurgency and Counterinsurgency in South Africa by Daniel L. Douek Pdf
South Africa's transition to democracy took place against a backdrop of shadow war between the apartheid regime's counterinsurgency forces and the African National Congress' armed wing, Umkhonto we Sizwe (MK). This book analyses in unprecedented detail the hidden history of MK's struggle and its contribution to South Africa's liberation, while exposing new dimensions of clandestine apartheid-era violence. Drawing on interviews with former MK guerrillas, Daniel Douek traces the evolution of MK's operations across southern Africa from the 1960s, culminating in the 1990-4 negotiations between the ANC and the white supremacist regime. As political violence escalated, the battle waged in the shadows became nothing less than a struggle to shape South Africa's future. Counterinsurgency forces recruited spies, deployed death squads, engaged in psychological warfare, and targeted ANC leaders, including MK chief Chris Hani. Even once ANC elites had come to power, apartheid counterinsurgency operations continued to undermine South Africa's new democracy by marginalizing MK guerrillas within the 'new' security forces, leaving legacies of violence and instability still felt today.
This book is about how distinctions are drawn between civilians and combatants in modern warfare and how the legal principle of distinction depends on the technical means through which combatants make themselves visibly distinguishable from civilians. The author demonstrates that technologies of visualisation have always been part of the operation of the principle of distinction, arguing that the military uniform sustained the legal categories of civilian and combatant and actively set the boundaries of permissible and prohibited targeting, and so legal and illegal killing. Drawing upon insights from the theory of legal materiality, visual studies, critical fashion studies, and a dozen of military manuals he shows that far from being passive objects of regulation, these technologies help to draw the boundaries of the legitimate target. With its attention to the co-productive relationship between law, technologies of visualisation and legitimation of violence, this book will be relevant to a large community of researchers in international law, international relations, critical military studies, contemporary counterinsurgency operations and the sociology of law
A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing paradigm in the United States--one rooted in the modes of warfare originally developed to suppress anticolonial revolutions and, more recently, to prosecute the war on terror. The Counterrevolution is a penetrating and disturbing account of the rise of counterinsurgency, first as a military strategy but increasingly as a way of ruling ordinary Americans. Harcourt shows how counterinsurgency's principles--bulk intelligence collection, ruthless targeting of minorities, pacifying propaganda--have taken hold domestically despite the absence of any radical uprising. This counterrevolution against phantom enemies, he argues, is the tyranny of our age. Seeing it clearly is the first step to resisting it effectively.
This volume in the Praeger Security International (PSI) series Classics of the Counterinsurgency Era defines the laws of insurgency and outlines the strategy and tactics to combat such threats. Drawn from the observations of a French officer, David Galula, who witnessed guerrilla warfare on three continents, the book remains relevant today as American policymakers, military analysts, and members of the public look to the counterinsurgency era of the 1960s for lessons to apply to the current situation in Iraq and Afghanistan. With a new foreword by John A. Nagl, author of Counterinsurgency Lessons from Malaya and Vietnam (Praeger, 2002).
Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? by Anonim Pdf
This monograph is the ninth offering in the Combat Studies Institute's (CSI) Global War On Terrorism (GWOT) Occasional Papers series. The author, a retired Army lieutenant colonel and CSI historian, has produced a study that examines the evolution and continued applicability of the corpus that constitutes the law of war. As background, he provides a theoretical framework and the development of the law within Western and, specifically, U.S. Army doctrine and regulation. He then presents a case study of the British suppression of the Mau Mau insurgency between 1952 and 1960 in Kenya, a conflict with particular resonance today. Some of the more relevant characteristics of the conflict include the clash between Western and non-Western cultures and an initially asymmetric fight between conventional security forces and loosely organized, poorly equipped insurgents. It makes no claim that every lesson learned by the British during that counterinsurgency operation can be directly applied by the United States to the challenges of the GWOT, but this analysis does offer some insight about applying the law of war to an unfamiliar, non-Western environment. The genesis of this study is the public discourse asserting the possibility that the GWOT may require new rules and new law-of-war prescripts. This important discussion is fraught with complexities and long-term implications; the moral force in warfare is incredibly significant and any changes to the legal framework in place must be very carefully considered. Do we follow the law of war to the letter, do we remain consistent with the principles of Geneva, or do we approach the conflict as a new challenge requiring fundamental revisions to the law? According to the author, law-of-war violations are neither necessary nor excusable for successful prosecution of military operations in any environment, and because the law of war in its current form is more than adequate to face the new GWOT challenges, it does not warrant revision.
The Rule of Law in Crisis and Conflict Grey Zones by Michael John-Hopkins Pdf
8 Regulating military operations abroad: the extraterritorial effect of human rights and the potential modalities of parallel application of the right to life under human rights law and international humanitarian law -- 9 Conclusions: grey zones of war and peace in our globally networked information environment -- Index
