The Paradox of Power
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Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto
Human Rights Brief Volume 17 | Issue 1 Article 3 2009 Counter-Insurgency, Human Rights, and the Law of Armed Conflict Federico Sperotto Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, and the International Law Commons Recommended Citation Sperotto, Federico. "Counter-Insurgency, Human Rights, and the Law of Armed Conflict." Human Rights Brief 17, no. 1 (2009): 19-23. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Sperotto: Counter-Insurgency, Human Rights, and the Law of Armed Conflict Counter-Insurgency, Human Rights, and the Law of Armed Conflict by Federico Sperotto* introduCtion ounter-insurgency is the dominant aspect in the United States-led Operation Enduring Freedom (OEF) in CAfghanistan, and, since the NATO-led International Security Assistance Force (ISAF) has assumed growing respon- sibility throughout insurgents’ sanctuaries, also a mission for Europeans. According to the U.S. military, insurgency represents an intermediate step in the spectrum of conflict, which ranges from stable peace to general war.1 The frame in which military opera- tions are conducted is known as irregular warfare, a violent struggle among state and non-state actors for legitimacy and influence over a population.2 This form of conflict is charac- terized by three principle activities: insurgency, counter-insur- gency, and unconventional warfare, referring to the avoidance of Association of the Courtesy of the Revolutionary Afghanistan. -
International Humanitarian Law and the Challenges of Contemporary Armed
INTERNATIONAL HUMANITARIAN LAW AND THE CHALLENGES OF CONTEMPORARY ARMED CONFLICTS RECOMMITTING TO PROTECTION IN ARMED CONFLICT ON THE 70TH ANNIVERSARY OF THE GENEVA CONVENTIONS REPORT INTERNATIONAL HUMANITARIAN LAW AND THE CHALLENGES OF CONTEMPORARY ARMED CONFLICTS RECOMMITTING TO PROTECTION IN ARMED CONFLICT ON THE 70TH ANNIVERSARY OF THE GENEVA CONVENTIONS TABLE OF CONTENTS EXECUTIVE SUMMARY ..........................................................................................................................5 CHAPTER 1: INTRODUCTION .................................................................................................................9 CHAPTER 2: CONTEMPORARY AND FUTURE CHALLENGES IN THE CONDUCT OF HOSTILITIES ........15 1. Urbanization of armed conflicts ........................................................................................................ 16 A) The protection of civilians against the effects of hostilities during urban warfare ..................................16 B) The use of explosive weapons in populated areas ....................................................................................................19 C) The protection of the civilian population during sieges .......................................................................................22 2. New technologies of warfare .............................................................................................................26 A) Cyber operations, their potential human cost, and the protection afforded by IHL .................................26 -
Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J
STRATEGIC PERSPECTIVES 11 Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J. Lamb Center for Strategic Research Institute for National Strategic Studies National Defense University Institute for National Strategic Studies National Defense University The Institute for National Strategic Studies (INSS) is National Defense University’s (NDU’s) dedicated research arm. INSS includes the Center for Strategic Research, Center for Complex Operations, Center for the Study of Chinese Military Affairs, Center for Technology and National Security Policy, Center for Transatlantic Security Studies, and Conflict Records Research Center. The military and civilian analysts and staff who comprise INSS and its subcomponents execute their mission by conducting research and analysis, publishing, and participating in conferences, policy support, and outreach. The mission of INSS is to conduct strategic studies for the Secretary of Defense, Chairman of the Joint Chiefs of Staff, and the Unified Combatant Commands in support of the academic programs at NDU and to perform outreach to other U.S. Government agencies and the broader national security community. Cover: Kathleen Bailey presents evidence of forgeries to the press corps. Credit: The Washington Times Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference By Fletcher Schoen and Christopher J. Lamb Institute for National Strategic Studies Strategic Perspectives, No. 11 Series Editor: Nicholas Rostow National Defense University Press Washington, D.C. June 2012 Opinions, conclusions, and recommendations expressed or implied within are solely those of the contributors and do not necessarily represent the views of the Defense Department or any other agency of the Federal Government. -
Introduction
NOTES Introduction 1. Robert Kagan to George Packer. Cited in Packer’s The Assassin’s Gate: America In Iraq (Faber and Faber, London, 2006): 38. 2. Stefan Halper and Jonathan Clarke, America Alone: The Neoconservatives and the Global Order (Cambridge University Press, Cambridge, 2004): 9. 3. Critiques of the war on terror and its origins include Gary Dorrien, Imperial Designs: Neoconservatism and the New Pax Americana (Routledge, New York and London, 2004); Francis Fukuyama, After the Neocons: America At the Crossroads (Profile Books, London, 2006); Ira Chernus, Monsters to Destroy: The Neoconservative War on Terror and Sin (Paradigm Publishers, Boulder, CO and London, 2006); and Jacob Heilbrunn, They Knew They Were Right: The Rise of the Neocons (Doubleday, New York, 2008). 4. A report of the PNAC, Rebuilding America’s Defenses: Strategy, Forces and Resources for a New Century, September 2000: 76. URL: http:// www.newamericancentury.org/RebuildingAmericasDefenses.pdf (15 January 2009). 5. On the first generation on Cold War neoconservatives, which has been covered far more extensively than the second, see Gary Dorrien, The Neoconservative Mind: Politics, Culture and the War of Ideology (Temple University Press, Philadelphia, 1993); Peter Steinfels, The Neoconservatives: The Men Who Are Changing America’s Politics (Simon and Schuster, New York, 1979); Murray Friedman, The Neoconservative Revolution: Jewish Intellectuals and the Shaping of Public Policy (Cambridge University Press, New York, 2005); Murray Friedman ed. Commentary in American Life (Temple University Press, Philadelphia, 2005); Mark Gerson, The Neoconservative Vision: From the Cold War to the Culture Wars (Madison Books, Lanham MD; New York; Oxford, 1997); and Maria Ryan, “Neoconservative Intellectuals and the Limitations of Governing: The Reagan Administration and the Demise of the Cold War,” Comparative American Studies, Vol. -
Future of Global Competition and Conflict Vitta Q4 Report Final
A Virtual Think Tank (ViTTa®) Report September 2019 Russia’s Sentimental Revisionist Approach to Competition and Conflict Deeper Analyses Clarifying Insights Better Decisions NSIteam.com Produced in support of the Strategic Multilayer Assessment (SMA) Office (Joint Staff, J39) Russia’s Sentimental Revisionist Approach to Competition and Conflict Author George Popp Editors Sarah Canna, George Popp, and Dr. John A. Stevenson Please direct inquiries to George Popp at [email protected] What is ViTTa? NSI’s Virtual Think Tank (ViTTa) provides rapid response to critical information needs by pulsing a global network of subject matter experts (SMEs) to generate a wide range of expert insight. For the Strategic Multilayer Assessment (SMA) Future of Global Competition and Conflict project, ViTTa was used to address 12 key questions provided by the project’s Joint Staff sponsors. The ViTTa team received written response submissions from 65 subject matter experts from academia, government, military, and industry. This report consists of: 1. A summary overview of the expert contributor response to the ViTTa question of focus. 2. The full corpus of expert contributor responses received for the ViTTa question of focus. 3. Biographies of expert contributors. _________________________________ Cover image: https://www.prosperity.com/application/files/thumbnails/small/3114/7802/0180/Russia_header.jpg RESEARCH ▪ INNOVATIONNSI ▪ EXCELLENCE II Russia’s Sentimental Revisionist Approach to Competition and Conflict Table of Contents What is ViTTa? ................................................................................................................................................................ -
Applying Traditional Military Principles to Cyber Warfare
2012 4th International Conference on Cyber Confl ict Permission to make digital or hard copies of this publication for internal use within NATO and for personal or educational use when for non-profi t or non-commercial C. Czosseck, R. Ottis, K. Ziolkowski (Eds.) purposes is granted providing that copies bear this notice and a full citation on the 2012 © NATO CCD COE Publications, Tallinn first page. Any other reproduction or transmission requires prior written permission by NATO CCD COE. Applying Traditional Military Principles to Cyber Warfare Samuel Liles Marcus Rogers Cyber Integration and Information Computer and Information Operations Department Technology Department National Defense University iCollege Purdue University Washington, DC West Lafayette, IN [email protected] [email protected] J. Eric Dietz Dean Larson Purdue Homeland Security Institute Larson Performance Engineering Purdue University Munster, IN West Lafayette, IN [email protected] [email protected] Abstract: Utilizing a variety of resources, the conventions of land warfare will be analyzed for their cyber impact by using the principles designated by the United States Army. The analysis will discuss in detail the factors impacting security of the network enterprise for command and control, the information conduits found in the technological enterprise, and the effects upon the adversary and combatant commander. Keywords: cyber warfare, military principles, combatant controls, mechanisms, strategy 1. INTRODUCTION Adams informs us that rapid changes due to technology have increasingly effected the affairs of the military. This effect whether economic, political, or otherwise has sometimes been extreme. Technology has also made substantial impacts on the prosecution of war. Adams also informs us that information technology is one of the primary change agents in the military of today and likely of the future [1]. -
Speaker Bios
Intelligence Reform and Counterterrorism after a Decade: Are We Smarter and Safer? October 16 – 18, 2014 University of Texas at Austin THURSDAY, OCTOBER 16 Blanton Museum, UT Campus 4:00-5:00pm Welcome Remarks and Discussion: Admiral William McRaven (ret.) Admiral McRaven is the ninth commander of United States Special Operations Command (USSOCOM), headquartered at MacDill Air Force Base, Fla. USSOCOM ensures the readiness of joint special operations forces and, as directed, conducts operations worldwide. McRaven served from June 2008 to June 2011 as the 11th commander of Joint Special Operations Command (JSOC) headquartered at Fort Bragg, N.C. JSOC is charged to study special operations requirements and techniques, ensure interoperability and equipment standardization, plan and conduct special operations exercises and training, and develop joint special operations tactics. He served from June 2006 to March 2008 as commander, Special Operations Command Europe (SOCEUR). In addition to his duties as commander, SOCEUR, he was designated as the first director of the NATO Special Operations Forces Coordination Centre where he was charged with enhancing the capabilities and interoperability of all NATO Special Operations Forces. McRaven has commanded at every level within the special operations community, including assignments as deputy commanding general for Operations at JSOC; commodore of Naval Special Warfare Group One; commander of SEAL Team Three; task group commander in the U.S. Central Command area of responsibility; task unit commander during Desert Storm and Desert Shield; squadron commander at Naval Special Warfare Development Group; and SEAL platoon commander at Underwater Demolition Team 21/SEAL Team Four. His diverse staff and interagency experience includes assignments as the director for Strategic Planning in the Office of Combating Terrorism on the National Security Council Staff; assessment director at USSOCOM, on the staff of the Chief of Naval Operations, and the chief of staff at Naval Special Warfare Group One. -
Law of War Handbook 2005
LAW OF WAR HANDBOOK (2005) MAJ Keith E. Puls Editor 'Contributing Authors Maj Derek Grimes, USAF Lt Col Thomas Hamilton, USMC MAJ Eric Jensen LCDR William O'Brien, USN MAJ Keith Puls NIAJ Randolph Swansiger LTC Daria Wollschlaeger All of the faculty who have served before us and contributed to the literature in the field of operational law. Technical Support CDR Brian J. Bill, USN Ms. Janice D. Prince, Secretary JA 423 International and Operational Law Department The Judge Advocate General's Legal Center and School Charlottesville, Virginia 22903 PREFACE The Law of War Handbook should be a start point for Judge Advocates looking for information on the Law of War. It is the second volume of a three volume set and is to be used in conjunction with the Operational Law Handbook (JA422) and the Documentary Supplement (JA424). The Operational Law Handbook covers the myriad of non-Law of War issues a deployed Judge Advocate may face and the Documentary Supplement reproduces many of the primary source documents referred to in either of the other two volumes. The Law of War Handbook is not a substitute for official references. Like operational law itself, the Handbook is a focused collection of diverse legal and practical information. The handbook is not intended to provide "the school solution" to a particular problem, but to help Judge Advocates recognize, analyze, and resolve the problems they will encounter when dealing with the Law of War. The Handbook was designed and written for the Judge Advocates practicing the Law of War. This body of law is known by several names including the Law of War, the Law of Armed Conflict and International Humanitarian Law. -
In the Shadow of General Marshall-Old Soldiers in The
In The Shadow of General Marshall: Old Soldiers in the Executive Branch Ryan Edward Guiberson Anaconda, Montana Bachelor of Science, United States Air Force Academy, 1992 Master of Arts-Political Science, University of Florida, 1994 A Dissertation presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Department of Politics University of Virginia August, 2013 2 Abstract: The usurpation of political authority by tyrannical military figures is a theme that pervades the history of politics. The United States has avoided such an occurrence and the prospect of a military coup d’etat rarely registers as a realistic concern in American politics. Despite the unlikelihood of this classic form of military usurpation, other more insidious forms lurk and must be guarded against to protect civilian control of the military. One potential manifestation has been referred to as a military colonization of the executive branch. This form implies that retired senior military officers increasingly pursue executive branch positions and unduly promote the interests of the active duty military, its leaders, and military solutions to national security issues. This work addresses military colonization claims by examining the number of retired senior military officers that have served in executive branch positions, trends in where they participate, and their political behavior in these positions. It also uses interviews with retired senior military officers to gain their perspectives on the incentives and disincentives of executive branch service. The study concludes that in the post-Cold War period, participation rates of retired senior military officers in key executive branch positions do not diverge significantly from broader post-World War II patterns. -
Private Military Contractors, War Crimes and International Humanitarian Law
64 PRIVATE MILITARY CONTRACTORS, WAR CRIMES AND INTERNATIONAL HUMANITARIAN LAW Chukwuma Osakwe, Nigerian Defence Academy, and Ubong Essien Umoh, University of Uyo Abstract The end of the Cold War witnessed the growth and spread of legally established private military contractors (PMCs) playing largely undefined roles in wars, international security and post-conflict reconstruction. The operations of PMCs in Iraq and Afghanistan in the 21st century have been marked by gross human rights abuses and poor treatment and torture of prisoners of war (POWs). Indeed, PMCs are likely to step outside their contractual obligations and commit criminal acts. This article adds to the literature on the subject by arguing that the elusiveness of PMCs’ individual or corporate responsibility for war crimes presents one of the greatest challenges for international humanitarian law (IHL). This presents a dilemma for IHL, which seeks to address individual offences. The situation becomes even more complicated when non-governmental organisations (NGOs) and multinational corporations (MNCs) are involved in the use of PMCs. Introduction Security and military-related services have largely remained the preserve of the state. At the end of the Cold War, a large number of trained soldiers were made redundant. As such most states outsourced most states outsourcing some of their defence and security functions to PMCs principally for cost-effective and sometimes political considerations. This invariably resulted in an unprecedented upsurge in the privatisation of the conduct of war carried out by PMCs1 with their services often integrated into the operating procedures of government, international organisations, and multinational companies undertaking a range of activities that previously would have been the responsibility of state militaries. -
Applying Irregular Warfare Principles to Cyber Warfare
Soldier from 3/187th Infantry, 101st Airborne Division, out of Fort Campbell, Kentucky, sets up SATCOM to communicate further with key rear elements as part of search and attack mission in area of Narizah, Afghanistan, July 23, 2002 (U.S. Army/Todd M. Roy) Applying Irregular Warfare Principles to Cyber Warfare By Frank C. Sanchez, Weilun Lin, and Kent Korunka he cyberspace threat exists in a cyberspace and cyberspace threats that and can foresee, rapidly respond to, realm that does not conform to are initiated by faceless, borderless, and and counter cyberspace threats, the T the physical limits of land, sea, sometimes nationless enemies. These U.S. military’s strategy and approach to air, and space. Unlike these traditional enemies manifest in a domain neither cyberspace must adapt and incorporate domains, cyberspace fosters an unpre- confined nor governed by the tradi- unconventional approaches and hybrid dictable threat that can adjust, morph, tional norms and rules of war, which warfare into its operational capability. and reproduce without a national the broader military has no experience Despite its importance, the Nation’s identity or face.1 The challenge of the undertaking. To ensure the United leaders, strategists, and military planners military is to posture its approach to States maintains cyberspace dominance struggle to understand how cyberspace operations (CO) fit into national security as an instrument of national policy. A Commander Frank C. Sanchez, USN, is an Action Officer on the Joint Staff J32, Intelligence, significant shortcoming is due to the Surveillance, and Reconnaissance Operations. Major Weilun Lin, USAF, is Chief of the Central and leaders’ lack of experience and basic South Asia Branch, Joint Cyberspace Center, U.S. -
Anatomy of a National Security Fiasco: the George W. Bush Administration, Iraq, and Groupthink Phillip G
Anatomy of a National Security Fiasco: The George W. Bush Administration, Iraq, and Groupthink Phillip G. Henderson The Catholic University of America These were people who were selectively picking and then emphasizing pieces of intelligence, I believe, in order to support their larger purpose, which was to bring in a way that they thought possible, to bring democracy to Iraq, and through Iraq to transform the Middle East. I thought that was far-fetched. I didn’t think it was going to happen, but that was their real purpose. They thought that this was going to be a transforming event in history. My frustration is that there was never a national security decision- making process in the administration where people such as me really had a chance to take that on. Richard Haass, Director of Policy Planning at the State Department 2001-2003, Interview with Chris Matthews on “Hardball,” May 6, 2009 In February 2002, one year before the U.S. military intervention in Iraq began, neoconservative writer Ken Adelman predicted that demolishing Saddam Hussein’s regime and liberating Iraq would be a “cakewalk.”1 At a town hall meeting at the Ameri- PHILLIP G. HENDERSON is Associate Professor of Politics at The Catholic University of America. Work on this article was supported by a research grant from the Center for the Study of Statesmanship. 1 Ken Adelman, “Cakewalk in Iraq,” The Washington Post, 13 February 2002, A27. 46 • Volume XXXI, Nos. 1 and 2, 2018 Phillip G. Henderson can air base in Aviano, Italy, on February 7, 2003, Secretary of Defense Donald Rumsfeld added that, if force were to be used in Iraq, the war “could last six days, six weeks.