Military, War, and Peace Commons^™

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

Reining In The “Third Path”: Rethinking The War Powers Resolution And Private Security Contractors, Brian T. Warren

Washington and Lee Law Review

From the American Revolution to the War in Afghanistan, the United States has hired private contractors to perform a myriad of tasks, from feeding the troops to researching hypersonic missile defense systems. Following the collapse of the Soviet Union, however, the nature of work performed by these contractors began to shift. No longer were contractors relegated solely to unarmed tasks. From the jungles of Colombia to the deserts of Iraq, armed contractors—known as Private Security Contractors (PSCs)—have guarded American military bases, protected heads of state, assaulted enemy compounds, and more.

Using PSCs is not without risk. Incidents like the Nisour …

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 issue of Parameters. This issue consists of an In Focus special commentary and the SRAD Director’s Corner focused on Afghanistan, three forums, and two Reviews and Replies.

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson

CMC Senior Theses

Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …

The Evolution Of Hybrid Warfare: Implications For Strategy And The Military Profession, Ilmari Käihkö

The US Army War College Quarterly: Parameters

The concept of hybrid war has evolved from operational-level use of military means and methods in war toward strategic-level use of nonmilitary means in a gray zone below the threshold of war. This article considers this evolution and its implications for strategy and the military profession by contrasting past and current use of the hybrid war concept and raising critical questions for policy and military practitioners.

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.

Parameters Winter 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.

Educating Strategic Lieutenants At Sandhurst, An Jacobs

The US Army War College Quarterly: Parameters

This article examines how well military education at the Royal Military Academy of Sandhurst delivers lieutenants capable of coping with the complexities of their operational environment and the strategic implications of their decisions.

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they clearly …

The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani

University of Miami International and Comparative Law Review

No abstract provided.

Avoiding Nation-Building: From Nixon To Trump, Dominic Tierney

The US Army War College Quarterly: Parameters

No abstract provided.

Post Awesome, Chip Lauterbach

Mighty Pen Project Anthology & Archive

A Marine in Afghanistan returns from a battle, eager to speak with his wife; he can't reach her, and his heart sinks in worry.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may …

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein

The US Army War College Quarterly: Parameters

No abstract provided.

Newsroom: Manning Lead Counsel On Commutation 01-17-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ends+Ways+Means=(Bad) Strategy, Jeffrey W. Meiser

The US Army War College Quarterly: Parameters

No abstract provided.

Nation-Building Is An Oxymoron, M. Chris Mason

The US Army War College Quarterly: Parameters

No abstract provided.

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter examines the US practice of not charging its service members with war crimes. The chapter briefly explains how the United States asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the varied meanings of the term ‘war crimes’ and the way in which the 1949 Geneva Conventions can provide a benchmark against …

Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse

Faculty Journal Articles and Book Chapters

This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …