Good Strategy, Bad Tactics: Limits, Challenges and Opportunities For

Total Page:16

File Type:pdf, Size:1020Kb

Good Strategy, Bad Tactics: Limits, Challenges and Opportunities For LIMITS, CHALLENGES, AND OPPORTUNITIES FOR MODERN COUNTERINSURGENCY by Natasha Schlenoff A thesis submitted to Johns Hopkins University in conformity with the requirements for the degree of Master of Arts in Global Security Studies Baltimore, Maryland August 2015 © 2015 Natasha Schlenoff All Rights Reserved ABSTRACT The overall goal of this thesis is to draw some conclusions about the kinds of strategies and tactics that those engaging in irregular warfare should employ. Given the increasing number of intrastate conflicts and future U.S. involvement in counterinsurgency, it is important for policy makers and strategists to be clear-eyed about viable ways to engage in irregular war. Thus, this paper’s analysis of previous counterinsurgency and stability operations, and estimate of the U.S. military’s institutional capacity to adapt to irregular warfare could serve as a useful guide for future force planning. The first and second chapters of this thesis examine divergent strategies in counterinsurgency and stability operations. Chapter One assesses whether indiscriminate force is strategically effective in national counterinsurgency campaigns. The findings of this chapter indicate that while indiscriminate force may be tactically effective in the near-term, indiscriminate force alone does not produce long-term success. Chapter Two assesses conditions for conflict and stability in Iraq, and why, despite similarly low levels of development and proximity to violence, some areas of Iraq are more stable than others. My research found the examined Shi’a and Kurdish communities in Iraq maintained stability as a result of ethnic homogenization and a capable local security force, rather than COIN and international development efforts. Chapter Three examines U.S. strategic culture and the U.S. military’s ability to adapt to irregular warfare during Operation Iraqi Freedom (OIF). U.S. strategic culture can generally be defined as the historical tendency to focus on high intensity combat operations and conventional capabilities. I analyzed the capacity to adapt on the ii operational learning level and the institutional level. I concluded that although there is evidence that the U.S. military was adapting to irregular warfare, real institutional adaptation to counterinsurgency was limited by deep-rooted norms characteristic of the American way of war. The purpose of this study is not to argue against the value of conventional military excellence. Tactical successes are important, but many non-lethal efforts and dynamics should be heavily accounted for when engaging in irregular war. The findings of this study offer insights to various limits, challenges, and opportunities for modern counterinsurgency. Thesis Advisors: Dr. Sarah Clarke Dr. Jacob Straus Dr. Leila Austin Reviewers: Dr. David Ucko Stephen Grenier iii Table of Contents ABSTRACT ....................................................................................................................... ii INTRODUCTION............................................................................................................. 1 CHAPTER ONE: Counterproductive Counterinsurgency: Reconsidering the Prioritization of Military Operations and Use of Indiscriminate Force ...................... 8 Literature Review .............................................................................................................................. 10 Theory & Hypothesis ........................................................................................................................ 14 Methods ................................................................................................................................................ 15 Data/ Case Studies ............................................................................................................................. 16 Syria VS. The Muslim Brotherhood .................................................................................................... 16 Case Study: Sri Lanka VS. The Liberation Tigers of Tamil Ealam (LTTE) ....................................... 19 Case Study: Nigeria VS. Islamic Militants (Yan Tatsine, Boko Haram) ............................................. 21 Findings ................................................................................................................................................ 24 Conclusion ........................................................................................................................................... 27 Chapter TWO: Conditions for Stability and Conflict in Iraq .................................... 29 Introduction ........................................................................................................................................ 29 Literature Review .............................................................................................................................. 31 Social Dynamics .................................................................................................................................. 32 Economic Grievances .......................................................................................................................... 34 Political and Institutional Weakness .................................................................................................... 35 Additional Areas of Consideration ...................................................................................................... 36 Unique Ideas ........................................................................................................................................ 37 Theory & Hypothesis ........................................................................................................................ 39 Methods ................................................................................................................................................ 40 Data/Case Studies: ............................................................................................................................. 41 Anbar ................................................................................................................................................... 41 Muthanna ............................................................................................................................................. 44 Duhok .................................................................................................................................................. 46 Findings ................................................................................................................................................ 48 Conclusion ........................................................................................................................................... 51 CHAPTER THREE: American Strategic Culture and Counterinsurgency in Iraq 55 Introduction ........................................................................................................................................ 55 Literature Review .............................................................................................................................. 58 Theory & Hypothesis ........................................................................................................................ 68 Methods ................................................................................................................................................ 69 Data/ Case Study ................................................................................................................................ 70 The Iraq War (2003- 2011) .................................................................................................................. 70 Findings ................................................................................................................................................ 76 Conclusion ........................................................................................................................................... 80 FINAL CONCLUSION .................................................................................................. 82 Works Cited ..................................................................................................................... 84 Curriculum Vitae ............................................................................................................ 90 iv INTRODUCTION The global trend in armed conflict shifted from interstate to intrastate during the latter half of the 20th century. Today, non-state actors are one of the toughest challenges for state, regional, and global security. Despite numerous counterinsurgency campaigns on behalf of both domestic authorities and foreign actors and coalitions, insurgents have remained persistent and resilient in a growing number of intrastate conflicts. This fact brings to light an objective reality: many states are engaging in ineffective counterinsurgency operations. Consequentially, insurgent groups are continuously able to mass mobilize communities in an alarming capacity, while afflicted states remain unable to attain and maintain security and stability within their borders. The first two chapters of this thesis explore divergent counterinsurgency and stabilization efforts. In my final chapter, I examine traditional U.S. strategic culture, and how the U.S. armed forces adapted to irregular warfare during Operation
Recommended publications
  • BOKO HARAM Emerging Threat to the U.S
    112TH CONGRESS COMMITTEE " COMMITTEE PRINT ! 1st Session PRINT 112–B BOKO HARAM Emerging Threat to the U.S. Homeland SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES December 2011 FIRST SESSION U.S. GOVERNMENT PRINTING OFFICE 71–725 PDF WASHINGTON : 2011 COMMITTEE ON HOMELAND SECURITY PETER T. KING, New York, Chairman LAMAR SMITH, Texas BENNIE G. THOMPSON, Mississippi DANIEL E. LUNGREN, California LORETTA SANCHEZ, California MIKE ROGERS, Alabama SHEILA JACKSON LEE, Texas MICHAEL T. MCCAUL, Texas HENRY CUELLAR, Texas GUS M. BILIRAKIS, Florida YVETTE D. CLARKE, New York PAUL C. BROUN, Georgia LAURA RICHARDSON, California CANDICE S. MILLER, Michigan DANNY K. DAVIS, Illinois TIM WALBERG, Michigan BRIAN HIGGINS, New York CHIP CRAVAACK, Minnesota JACKIE SPEIER, California JOE WALSH, Illinois CEDRIC L. RICHMOND, Louisiana PATRICK MEEHAN, Pennsylvania HANSEN CLARKE, Michigan BEN QUAYLE, Arizona WILLIAM R. KEATING, Massachusetts SCOTT RIGELL, Virginia KATHLEEN C. HOCHUL, New York BILLY LONG, Missouri VACANCY JEFF DUNCAN, South Carolina TOM MARINO, Pennsylvania BLAKE FARENTHOLD, Texas MO BROOKS, Alabama MICHAEL J. RUSSELL, Staff Director & Chief Counsel KERRY ANN WATKINS, Senior Policy Director MICHAEL S. TWINCHEK, Chief Clerk I. LANIER AVANT, Minority Staff Director (II) C O N T E N T S BOKO HARAM EMERGING THREAT TO THE U.S. HOMELAND I. Introduction .......................................................................................................... 1 II. Findings ..............................................................................................................
    [Show full text]
  • Breaking Boko Haram and Ramping up Recovery: US-Lake Chad Region 2013-2016
    From Pariah to Partner: The US Integrated Reform Mission in Burma, 2009 to 2015 Breaking Boko Haram and Ramping Up Recovery Making Peace Possible US Engagement in the Lake Chad Region 2301 Constitution Avenue NW 2013 to 2016 Washington, DC 20037 202.457.1700 Beth Ellen Cole, Alexa Courtney, www.USIP.org Making Peace Possible Erica Kaster, and Noah Sheinbaum @usip 2 Looking for Justice ACKNOWLEDGMENTS This case study is the product of an extensive nine- month study that included a detailed literature review, stakeholder consultations in and outside of government, workshops, and a senior validation session. The project team is humbled by the commitment and sacrifices made by the men and women who serve the United States and its interests at home and abroad in some of the most challenging environments imaginable, furthering the national security objectives discussed herein. This project owes a significant debt of gratitude to all those who contributed to the case study process by recommending literature, participating in workshops, sharing reflections in interviews, and offering feedback on drafts of this docu- ment. The stories and lessons described in this document are dedicated to them. Thank you to the leadership of the United States Institute of Peace (USIP) and its Center for Applied Conflict Transformation for supporting this study. Special thanks also to the US Agency for International Development (USAID) Office of Transition Initiatives (USAID/OTI) for assisting with the production of various maps and graphics within this report. Any errors or omis- sions are the responsibility of the authors alone. ABOUT THE AUTHORS This case study was produced by a team led by Beth ABOUT THE INSTITUTE Ellen Cole, special adviser for violent extremism, conflict, and fragility at USIP, with Alexa Courtney, Erica Kaster, The United States Institute of Peace is an independent, nonpartisan and Noah Sheinbaum of Frontier Design Group.
    [Show full text]
  • Lessons from Colombia for Curtailing the Boko Haram Insurgency in Nigeria
    Lessons From Colombia For Curtailing The Boko Haram Insurgency In Nigeria BY AFEIKHENA JEROME igeria is a highly complex and ethnically diverse country, with over 400 ethnic groups. This diversity is played out in the way the country is bifurcated along the lines of reli- Ngion, language, culture, ethnicity and regional identity. The population of about 178.5 million people in 2014 is made up of Christians and Muslims in equal measures of about 50 percent each, but including many who embrace traditional religions as well. The country has continued to experience serious and violent ethno-communal conflicts since independence in 1960, including the bloody and deadly thirty month fratricidal Civil War (also known as the Nigerian-Biafran war, 1967-70) when the eastern region of Biafra declared its seces- sion and which claimed more than one million lives. The most prominent of these conflicts recently pitch Muslims against Christians in a dangerous convergence of religion, ethnicity and politics. The first and most dramatic eruption in a series of recent religious disturbances was the Maitatsine uprising in Kano in December 1980, in which about 4,177 died. While the exact number of conflicts in Nigeria is unknown, because of a lack of reliable sta- tistical data, it is estimated that about 40 percent of all conflicts have taken place since the coun- try’s return to civilian rule in 1999.1 The increasing wave of violent conflicts across Nigeria under the current democratic regime is no doubt partly a direct consequence of the activities of ethno- communal groups seeking self-determination in their “homelands,” and of their surrogate ethnic militias that have assumed prominence since the last quarter of 2000.
    [Show full text]
  • Living Through Nigeria's Six-Year
    “When We Can’t See the Enemy, Civilians Become the Enemy” Living Through Nigeria’s Six-Year Insurgency About the Report This report explores the experiences of civilians and armed actors living through the conflict in northeastern Nigeria. The ultimate goal is to better understand the gaps in protection from all sides, how civilians perceive security actors, and what communities expect from those who are supposed to protect them from harm. With this understanding, we analyze the structural impediments to protecting civilians, and propose practical—and locally informed—solutions to improve civilian protection and response to the harm caused by all armed actors in this conflict. About Center for Civilians in Conflict Center for Civilians in Conflict (CIVIC) works to improve protection for civil- ians caught in conflicts around the world. We call on and advise international organizations, governments, militaries, and armed non-state actors to adopt and implement policies to prevent civilian harm. When civilians are harmed we advocate the provision of amends and post-harm assistance. We bring the voices of civilians themselves to those making decisions affecting their lives. The organization was founded as Campaign for Innocent Victims in Conflict in 2003 by Marla Ruzicka, a courageous humanitarian killed by a suicide bomber in 2005 while advocating for Iraqi families. T +1 202 558 6958 E [email protected] www.civiliansinconflict.org © 2015 Center for Civilians in Conflict “When We Can’t See the Enemy, Civilians Become the Enemy” Living Through Nigeria’s Six-Year Insurgency This report was authored by Kyle Dietrich, Senior Program Manager for Africa and Peacekeeping at CIVIC.
    [Show full text]
  • Jihadist and Salafi Discourses in Sudanic Africa: Boko Haram and the Emerging Terror Network in Muslim West Africa Safar, 1438 - November 2016
    17 Dirasat Jihadist and Salafi Discourses in Sudanic Africa: Boko Haram and the Emerging Terror Network in Muslim West Africa Safar, 1438 - November 2016 Amidu Sanni Professor of Middle Eastern and African Studies Lagos State University, Nigeria. Jihadist and Salafi Discourses in Sudanic Africa: Boko Haram and the Emerging Terror Network in Muslim West Africa Amidu Sanni Professor of Middle Eastern and African Studies Lagos State University, Nigeria. 3 4 Dirasat No. 17 Safar, 1438 - November 2016 “The Qur’an teaches that we must shun democracy, we must shun the constitution, [and] we must shun Western education” Abubaker Shekau-BH leader (Agbiboa 2015). 5 6 Dirasat No. 17 Safar, 1438 - November 2016 © King Faisal Center for research and Islamic Studies, 2017 King Fahd National Library Cataloging-In-Publication Data Sanni, Amidu Jihadist and Salafi Discourses in Sudanic Africa, / Amidu Sanni - Riyadh, 2017 42 p ; 16.5 x 23 cm ISBN: 978-603-8206-15-7 1 - Islam - Africa, West - History - 2 - Al-Jihad 3- Muslims - Africa - History I - Title 966 dc 1438/4518 L.D. no. 1438/4518 ISBN: 978-603-8206-15-7 Table of Content Abstract 9 Introduction 10 At the Root of Jihadism in Sudanic Africa 12 Sudanic Africa in the Discourse on Salafism 14 Before the Boko Haram: The Antecedents 16 The Outset of Jihadi Salafism 17 The Boko Haram: A Precursor 20 The New Boko Haram “Caliphate” 25 The Boko Haram and “Islamic State” Partnership 30 Proposals for A Solution 31 Bibliography 35 7 8 Dirasat No. 17 Safar, 1438 - November 2016 Abstract From the Almoravid’s invasion of Ghana in 1062 until the Moroccan conquest of the Songhay Empire in 1591 that, allegedly, was not “sufficiently Muslim,” Africa south of the Sahara has been exposed to a “purification of Islam” project.
    [Show full text]
  • The Jihadi Industry: Assessing the Organizational, Leadership And
    The Jihadi Industry: Assessing the Organizational, Leadership, and Cyber Profiles Report to the Office of University Programs, Science and Technology Directorate, U.S. Department of Homeland Security July 2017 National Consortium for the Study of Terrorism and Responses to Terrorism A Department of Homeland Security Science and Technology Center of Excellence Led by the University of Maryland 8400 Baltimore Ave., Suite 250 • College Park, MD 20742 • 301.405.6600 www.start.umd.edu National Consortium for the Study of Terrorism and Responses to Terrorism A Department of Homeland Security Science and Technology Center of Excellence About This Report The authors of this report are Gina Ligon, Michael Logan, Margeret Hall, Douglas C. Derrick, Julia Fuller, and Sam Church at the University of Nebraska, Omaha. Questions about this report should be directed to Dr. Gina Ligon at [email protected]. This report is part of the National Consortium for the Study of Terrorism and Responses to Terrorism (START) project, “The Jihadi Industry: Assessing the Organizational, Leadership, and Cyber Profiles” led by Principal Investigator Gina Ligon. This research was supported by the Department of Homeland Security Science and Technology Directorate’s Office of University Programs through Award Number #2012-ST-061-CS0001, Center for the Study of Terrorism and Behavior (CSTAB 1.12) made to START to investigate the role of social, behavioral, cultural, and economic factors on radicalization and violent extremism. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S.
    [Show full text]
  • Female Suicide Bombers in Boko Haram Insurgency: Victims Or Perpetrators?
    International Journal of World Policy and Development Studies ISSN(e): 2415-2331, ISSN(p): 2415-5241 Vol. 6, Issue. 2, pp: 11-18, 2020 Academic Research Publishing URL: https://arpgweb.com/journal/journal/11 Group DOI: https://doi.org/10.32861/ijwpds.62.11.18 Original Research Open Access Female Suicide Bombers in Boko Haram Insurgency: Victims or Perpetrators? James E. Archibong Article History Received: January 5, 2020 Department of Jurisprudence and International Law, Faculty of Law, University of Calabar, Nigeria Revised: January 30, 2020 Email: [email protected] Accepted: February 6, 2020 Published: February 8, 2020 Copyright © 2020 ARPG & Author This work is licensed under the Creative Commons Attribution International CC BY: Creative Commons Attribution License 4.0 Abstract The increasing involvement of women in the advancement of insurgency in Nigeria has become a thing of great worry. The question often asked is as to whether their involvement is induced or free-willed. The concept of consent is on different layers and one would imagine the extent of consent given before they become members of the sect or culprits. The different ways women have been used to perpetrate the activities of Boko Haram ranges from threats to abuse, Indoctrination to hypnotism and many others. Due to the subtle and unsuspecting nature of women, they form a good strategy for members of the sect. However, their involvement is not evidence against them as they face situations that almost deny them the opportunity to choose whether or not to subscribe to the forceful approach used by Boko Haram insurgents!. Keywords: Boko haram; Women; Suicide bombing; Terrorism; Nigeria.
    [Show full text]
  • Insights from the Second Lebanon War
    CHILDREN AND FAMILIES The RAND Corporation is a nonprofit institution that EDUCATION AND THE ARTS helps improve policy and decisionmaking through ENERGY AND ENVIRONMENT research and analysis. HEALTH AND HEALTH CARE This electronic document was made available from INFRASTRUCTURE AND www.rand.org as a public service of the RAND TRANSPORTATION Corporation. INTERNATIONAL AFFAIRS LAW AND BUSINESS NATIONAL SECURITY Skip all front matter: Jump to Page 16 POPULATION AND AGING PUBLIC SAFETY SCIENCE AND TECHNOLOGY Support RAND Browse Reports & Bookstore TERRORISM AND HOMELAND SECURITY Make a charitable contribution For More Information Visit RAND at www.rand.org Explore the RAND National Defense Research Institute View document details Limited Electronic Distribution Rights This document and trademark(s) contained herein are protected by law as indicated in a notice appearing later in this work. This electronic representation of RAND intellectual property is provided for non-commercial use only. Unauthorized posting of RAND electronic documents to a non-RAND website is prohibited. RAND electronic documents are protected under copyright law. Permission is required from RAND to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please see RAND Permissions. This product is part of the RAND Corporation monograph series. RAND monographs present major research findings that address the challenges facing the public and private sectors. All RAND mono- graphs undergo rigorous peer review to ensure high standards for research quality and objectivity. All Glory Is Fleeting Insights from the Second Lebanon War Russell W. Glenn Prepared for the United States Joint Forces Command Approved for public release; distribution unlimited NATIONAL DEFENSE RESEARCH INSTITUTE The research described in this report was sponsored by the United States Joint Forces Command Joint Urban Operations Office.
    [Show full text]
  • Regional Report on Out-Of-School Children
    ALL IN SCHOOL MIDDLE EAST AND NORTH AFRICA OUT-OF-SCHOOL CHILDREN INITIATIVE REGIONAL REPORT ON OUT-OF-SCHOOL CHILDREN OCTOBER 2014 ALL IN SCHOOL MIDDLE EAST AND NORTH AFRICA OUT-OF-SCHOOL CHILDREN INITIATIVE REGIONAL REPORT ON OUT-OF-SCHOOL CHILDREN OCTOBER 2014 © 2015 UNICEF MENA Regional Office Cover photos, left to right © UNICEF/NYHQ2013-1418/Noorani © UNICEF/ITAL2010-0069/Lombardi © UNICEF/NYHQ2011-2520/Arfa Preface In the last decade, the countries of the Middle East and North Africa have invested considerable resources and political capital to bring more children into the classroom. Most impressively, out-of-school rates for primary school children have plummeted, often by as much as half, bringing hope and new opportunity to millions. But in recent years, progress has stalled. 4.3 million primary-aged children and 2.9 million lower secondary-aged children are still not in school. If we include one year of pre-primary education – the foundation on which a child’s future learning is built – a staggering 12.3 million children across 20 countries are being left behind. Who are these children? Broadly speaking, they are the poorest, the girls, those who live in rural areas and those from minority communities. They are the millions of children whose lives have been torn apart and whose schools have been destroyed by conflict. And they are the large number of lower secondary-aged children, mostly boys, who drop out every year. What keeps them out of school? Sometimes it’s poverty and poor infrastructure – families can’t afford to send their children to school, or the schools are too far away, or of low quality, with badly trained teachers, poor learning outcomes and miserable, even dangerous, environments.
    [Show full text]
  • Change in Iraqi Politics: from Ethnic-Sectarian Lines to Centralization Question
    Change in Iraqi Politics: From Ethnic-Sectarian Lines to Centralization Question Serhat ERKMEN* Abstract After the invasion of Iraq, politics in Iraq was rebuilt in accordance with ethnic and religious lines and the political alliances have been reshaped over these lines. However, the withdrawal of US troops and internal dif- ferences of Iraqi parties triggered new political balances which cannot be limited into only ethnic and sectarian bases. Today, because of the political and strategic effects of Arab Spring and internal power strug- gles among the main Iraqi political groupings Iraq has entered in a new phase in politics which centralization issue will be the focus. Keywords: Iraqi politics, centralization, Arab Spring and Iraq, With- drawal of US troops Özet *SC**4 0B- 4 * ' 0 0 - C*=*=@ * *4 * ***0*40' * C *C =S4***S*- C 0 **0 ****B' C'* **0 *=4* =@ * * Assos. Prof. Ahi Evran University, Department of International Relations, and Middle East Advisor of ORSAM Serhat Erkmen, Change in Iraqi Politics: From Ethnic-Sectarian Lines to Centralization Question, Ortadoğu Etütleri, Volume 4, No 1, July 2012, pp.143-164. Serhat Erkmen According to the author, there are two main reasons that explain the change in the political balances and policy making in Iraq. The first reason is that the United States have started to lose gradually their role both in military and political aspects in Iraq after 2010. Decrease in military power of the US in Iraq in a way that cannot be compared with previous years (even though all the combat troops have retreated, it will not be considered as a complete withdrawal since there are still American troops in Iraq under the name of military advisors) has cre- ated great impacts both in the fields of security and the fields of policy and this phenomenon has enlarged the maneuver room of the Iraqi political parties.
    [Show full text]
  • The Strategic Assessment Model (STRATAM): Studying and Preventing Strategic Failure
    Publications 2014 The Strategic Assessment Model (STRATAM): Studying and Preventing Strategic Failure Hans-Joachim Klaus Ruff-Stahl Embry-Riddle Aeronautical University, [email protected] Follow this and additional works at: https://commons.erau.edu/publication Part of the Military History Commons Scholarly Commons Citation Ruff-Stahl, H. K. (2014). The Strategic Assessment Model (STRATAM): Studying and Preventing Strategic Failure. Journal of Military Studies, 5(2). https://doi.org/10.1515/jms-2016-0192 Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. This Article is brought to you for free and open access by Scholarly Commons. It has been accepted for inclusion in Publications by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. 1 Hans-Joachim Klaus Ruff-Stahl, LtCol in the Political Directorate at the German Ministry of Defence and Asst. Professor at Embry-Riddle Aeronautical University THE STRATEGIC ASSESSMENT MODEL (STRATAM) STUDYING AND PREVENTING STRATEGIC FAILURE Keywords Operational art, strategy, organizational failure Abstract The purpose of this study is to introduce the Strategic Assessment Model (STRATAM), a model designed to assist in the prevention of strategic failure. STRATAM aids firstly in the assessment of a strategy, as well as its crafting and evolution; secondly, it aims to enable and possibly streamline civil-military strategic debates on military operations. It is argued that strategic blunders in many cases result from latent organizational failures on one’s own side.
    [Show full text]
  • On the Commander-In-Chief Power
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2008 On the Commander-In-Chief Power David Luban Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 1026302 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/598 http://ssrn.com/abstract=1026302 81 S. Cal. L. Rev. 477-571 (2008) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons ON THE COMMANDER IN CHIEF POWER ∗ DAVID LUBAN BRADBURY: Obviously, the Hamdan decision, Senator, does implicitly recognize that we’re in a war, that the President’s war powers were triggered by the attacks on the country, and that [the] law of war paradigm applies. That’s what the whole case was about. LEAHY: Was the President right or was he wrong? BRADBURY: It’s under the law of war that we . LEAHY: Was the President right or was he wrong? BRADBURY: . hold the President is always right, Senator. —exchange between a U.S. Senator and a Justice Department 1 lawyer ∗ University Professor and Professor of Law and Philosophy, Georgetown University. I owe thanks to John Partridge and Sebastian Kaplan-Sears for excellent research assistance; to Greg Reichberg, Bill Mengel, and Tim Sellers for clarifying several points of American, Roman, and military history; to Marty Lederman for innumerable helpful and critical conversations; and to Vicki Jackson, Paul Kahn, Larry Solum, and Amy Sepinwall for helpful comments on an earlier draft.
    [Show full text]