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Counterinsurgency in New Wars – Human Security As a Strategic Military Advantage

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Counterinsurgency in New Wars – Human Security As a Strategic Military Advantage Master Thesis 2018 Counterinsurgency in New Wars – Human Security as a Strategic Military Advantage Authors: Joakim Dalgaard Bjerre Simon Marcel Fretté Schönenberg Number of Characters 307.399 The thesis is submitted in accordance with the requirements of the Master of Social Science in International Security and Law Responsible for the following sections of the thesis in accordance with the table of content: Joakim Dalgaard Bjerre: Chapter 2: 2, 2.2, 2.3.1, 2.4.1, 2.4.3, 2.4.5 Chapter 3: 3, 3.2, 3.3.1, 3.3.3 Chapter 4: 4, 4.1.1 Chapter 5: 5, 5.2, 5.2.1.1, 5.2.1.3, 5.2.3 Chapter 6: 6.1, 6.1.1.1, 6.1.3, 6.1.5 Chapter 7: 7, 7.1.1, 7.1.3 Simon Marcel Fretté Schönenberg Chapter 2: 2.1, 2.3, 2.4, 2.4.2, 2.4.4, 2.5 Chapter 3: 3.1, 3.3, 3.3.2, 3.3.4 Chapter 4: 4.1, 4.1.2 Chapter 5: 5.1, 5.2.1, 5.2.1.2, 5.2.2 Chapter 6: 6, 6.1.1, 6.1.2, 6.1.4, 6.1.6 Chapter 7: 7.1, 7.1.2 2 Abstract This thesis examines how essential aspects of the human security approach can be incorporated into current counterinsurgency strategy to make it more effective and humane. The theory of new wars is applied as a theoretical conceptualization of contemporary warfare, and the US Army Marine Corps Counterinsurgency (COIN) Manual is seen as the primary military strategic response to these conflicts. Rather than killing and capturing insurgents, the essential imperative of the COIN strategy is to win the war by winning the hearts and minds of the population. However, this thesis argues that the law currently governing counterinsurgency, international humanitarian law (IHL), was constructed on the assumption that conventional war strategy of killing or capturing the enemy is the way to achieve victory. Counterinsurgency strategy is therefore very different from the strategy undergirding IHL. The fact that IHL has evolved from conventional war strategy and thinking has contributed to the evolvement of a kill-capture mindset among military professionals, creating a stumbling block for of COIN operations, which categorically rejects killing and capturing. The goal of this thesis is thus to modify and refine counterinsurgency theory, so it becomes an effective military strategy to apply in cases of new wars. By interviewing soldiers and scrutinizing aspects of the human security approach, the thesis proposes the following changes to the COIN manual. First, COIN operations should be governed by international human rights law (IHRL) rather than IHL, as this would facilitate a transition from the current kill-capture mindset towards a win-the-population approach. Secondly, there should be an enhanced focus on civil-military cooperation, enabling a holistic approach to the operations. Thirdly, COIN operations should be civilian led, this will give the operation legitimacy and include the civilian population in the peace process. Lastly, soldiers who are deployed on COIN missions should receive extensive cultural training and education, to ensure that they are capable of gaining the trust and respect of the civilian population. 3 ABSTRACT .............................................................................................................................................. 3 1. INTRODUCTION .................................................................................................................................. 6 1.1. INTERVIEW ............................................................................................................................................... 11 1.2. LEGAL INSTRUMENTS .................................................................................................................................. 13 1.3. SCOPE OF THESIS ....................................................................................................................................... 14 1.4. EMPIRICAL CHOICES ................................................................................................................................... 15 2. NEW WARS AND INTERNATIONAL LAW............................................................................................. 16 2.1. CONCEPTUALIZATIONS OF CONTEMPORARY WAR ........................................................................................... 16 2.2. WHAT IS NEW WARS? ............................................................................................................................... 17 2.3. CRITIQUE OF THE NEW WARS CONCEPT ........................................................................................................ 20 2.3.1. Are New Wars ‘New’? .................................................................................................................... 20 2.4. WHICH LAW REGIME GOVERNS NEW WARS? ................................................................................................ 23 2.4.1. International Armed Conflict Under Common Article II of the Geneva Conventions .................... 24 2.4.2. Non-international Armed Conflicts Under Common Article 3 of the Geneva Conventions ........... 25 2.4.3. Common Article 3 .......................................................................................................................... 26 2.4.4. IAC and NIAC Happening Simultaneously ...................................................................................... 28 2.4.5. IHL and New Wars ......................................................................................................................... 29 2.5. THE KILL CAPTURE PARADIGM OF IHL ........................................................................................................... 30 3. COIN - A STRATEGIC RESPONSE TO NEW WARS ................................................................................. 35 3.1. AFGHANISTAN – A NEW WAR? ................................................................................................................... 42 3.2. COIN IN AFGHANISTAN .............................................................................................................................. 46 3.3. IHL – AN OBSTACLE TO COIN? ................................................................................................................... 52 3.3.1. The Principle of Distinction ............................................................................................................ 52 3.3.2. Proportionality ............................................................................................................................... 55 3.3.3. Military Necessity .......................................................................................................................... 57 3.3.4. Direct Participation in Hostilities ................................................................................................... 59 3.4. CONCLUSION OF CHAPTER ........................................................................................................................... 62 4. HUMAN SECURITY AS A RESPONSE TO NEW WARS ............................................................................ 64 4.1. WHAT IS HUMAN SECURITY? ....................................................................................................................... 64 4.1.1. The Principles of Human Security .................................................................................................. 65 4.1.2. Critiques of the Human Security Approach.................................................................................... 67 5. STRENGTHENING COIN BY MERGING IT WITH PRINCIPLES OF HUMAN SECURITY ............................... 69 5.1. THE DIFFERENCE BETWEEN HUMAN SECURITY AND COUNTERINSURGENCY ......................................................... 72 5.2. HUMAN SECURITY - A RESPONSE TO NEW WARS ............................................................................................ 74 5.2.1. The Primacy of Human Rights - The Right to Life .......................................................................... 75 5.2.1.1. International Human Rights Law ................................................................................................................................76 5.2.1.2. How is IHRL Different From IHL? ................................................................................................................................77 5.2.1.3. IHRL as a Complimentary Regime to IHL ....................................................................................................................78 5.2.2. Enhanced Civilian Military Cooperation. ....................................................................................... 81 5.2.3. Operating Under Civilian Command .............................................................................................. 85 5.3. CONCLUSION OF CHAPTER ........................................................................................................................... 87 6. SOLDIERS RESPONSE TO THE HUMAN SECURITY IMPERATIVES .......................................................... 89 6.1. CHALLENGES IDENTIFIED BY SOLDIERS ........................................................................................................... 89 6.1.1. Force Protection – “I Would Definitely Sacrifice Ten Civilians if That Meant That Me and The Boys Could Safely Travel Home” ...................................................................................................................... 90 6.1.1.1. Possible Solutions – Force Protection ........................................................................................................................92
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