Digital Commons Network^™

Maritime Gray Zones, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Boko Haram, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Ciwag - Annual Symposium Report - 2018, The U.S. Naval War College

CIWAG Events

The Center for Irregular Warfare and Armed Groups at the U.S. Naval War College presented its 10th annual symposium, “Access and Influence,” on June 26-27, 2018. Over 90 U.S. and international academics, practitioners, and operators from the U.S. Navy and other services attended to discuss the strategic and operational challenges associated with irregular warfare and armed groups. Attendees also included representatives from DHS, DIA, FBI, the intelligence community.

Cyber, Center On Irregular Warfare & Armed Groups

CIWAG Reading Lists

No abstract provided.

Nuclear Stability With Russia And North Korea Workshop Write-Up, Russia Maritime Studies Institute

RMSI Research

On January 12th, the college convened a group of nuclear stability and regional experts in Newport, Rhode Island for an unclassified discussion of the incentives U.S. adversaries might have for nuclear first use. Our aim was to identify the most probable and most dangerous pathways as well as the impetus for nuclear use. Based on these pathways, we generated a series of policy recommendations for the U.S. national security community and the U.S. Navy.

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …

Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin

International Law Studies

This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members of …

Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford

International Law Studies

This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …

The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century

International Law Studies

The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …

China's Evolving Surface Fleet, Peter A. Dutton, Ryan D. Martinson

CMSI Red Books

The missile fast-attack craft and amphibious fleets of the People's Liberation Army (PLA) Navy (PLAN) have undergone significant modernization over the past fifteen years. The capabilities of both categories of vessels have improved even if their actual numbers have not increased dramatically. Examined from the perspective of PLA doctrine and training, the missions of these forces represent the PLAN's past, present, and future.

The Al-Qaeda Accelerant In Boko Haram’S Rise, Jacob Zenn

CIWAG Case Studies

(IWS/01 - Irregular Warfare Studies, book 1)

Using primary source materials, Jacob Zenn’s case study, The Al-Qaeda Accelerant in Boko Haram’s Rise, maps the group’s many factions, loyalties, splinterings, and re-formations. Zenn supplies deep insight into the seams and gaps that exist, and how strategic and tactical motivations have propelled an armed group to regional importance. He also dissects how the group’s evolution has taken place under the watchful eye, and often directing hand, of both al-Qaeda and the Islamic State in Iraq and al-Sham and highlights its starring role in a new international rivalry: the uncivil war between al-Qaeda …

China Maritime Report No. 2: The Arming Of China’S Maritime Frontier, Ryan D. Martinson

CMSI China Maritime Reports

China’s expansion in maritime East Asia has relied heavily on non-naval elements of sea power, above all white-hulled constabulary forces. This reflects a strategic decision. Coast guard vessels operating on the basis of routine administration and backed up by a powerful military can achieve many of China’s objectives without risking an armed clash, sullying China’s reputation, or provoking military intervention from outside powers.

Among China’s many maritime agencies, two organizations particularly fit this bill: China Marine Surveillance (CMS) and China Fisheries Law Enforcement (FLE). With fleets comprising unarmed or lightly armed cutters crewed by civilian administrators, CMS and FLE could …

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

The Future Navy, The U.S. Naval War College

Current Strategy Forums

Over the past year there have been numerous studies, conducted by the Navy and several other organizations, that have explored what the future fleet should look like. Two consistent conclusions emerge from this body of work:

• First, the nation needs a more powerful Navy, on the order of 350 ships, that includes a combination of manned and unmanned systems.
• Second, more platforms are necessary but not sufficient. The Navy must also incorporate new technologies and new operational concepts.

Finally, as we increase our naval power, our focus cannot be on some distant goal decades in the future. The Navy must …

Emc Chair Symposium - Sea Control And Foreign Policy - Working Papers, The U.S. Naval War College

EMC Chair Symposia

This fifth maritime-centric EMC Chair symposium builds on the 2016 release of Design for Maintaining Maritime Superiority, which noted the “U.S. Navy has been a cornerstone of American security and prosperity.” The symposium will consider future directions of U.S. foreign policy and reflect on demands the country places on the Navy, Marine Corps, and Coast Guard to advance and defend national interests. Participants from DOD, academia, and the policy community will convene in Newport to discuss the implications for sea power as the Design challenges the Navy to “Deepen operational relationships with other services, agencies, industry, allies and partners …

Totalitarian Insurgency: Evaluating The Islamic State’S In-Theater Propaganda Operations, Charlie Winter

CIWAG Case Studies

Totalitarian Insurgency: Evaluating the Islamic State’s In-Theater Propaganda Operations by Charlie Winter examines the in-theater propaganda strategies of the Islamic State in Iraq and al-Sham (ISIS). Although much attention has rightly been paid to their online recruiting and social media campaigns, their in-theater strategies are equally compelling and strategically targeted. As ISIS and al-Qaeda continue to inspire and sponsor new franchises around the globe, the issue of how to control access to counter-narratives becomes more urgent; this first look at in-theater strategies provides the basis for further research and investigation into the in-theater and online competition for ideas and influence …

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …

Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama

International Law Studies

There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …

Cmsi Archive Translation: From Yan’An To The United Nations: The Diplomatic Career Of Ling Qing, Ling Qing

CMSI Translations

This memoir excerpt details the PRC's first participation in international legislation (UNCLOS III) starting in 1973. It describes the strategic diplomatic decisions, such as China's support for the 200 nautical mile Exclusive Economic Zone (EEZ) to oppose maritime hegemony. The author notes that this support was sometimes unconditional and that they later questioned if it fully served China’s interests, particularly concerning the retention of the continental shelf principle, which China upheld. The chapter highlights that UNCLOS achieved a basic agreement on the division of maritime resources without war.

Cmsi Archive Translation: The Unclos Conferences And China’S Safeguarding Of Its Maritime Rights And Interests, Guo Yuan

CMSI Translations

This article examines China's consistent views and positions during the UNCLOS conferences regarding territorial seas, EEZs, and continental shelves, noting that these positions reflected Chinese maritime law practice and the developing world's desire to expand rights. It highlights China’s 1958 Statement on Territorial Waters establishing a 12nm territorial sea over all Chinese islands, including Xisha and Nansha. China maintained that foreign naval vessels must obtain prior permission or notification before transiting through territorial waters, a position reaffirmed by China upon ratification of UNCLOS in 1996. The paper also details China’s struggle to assert sovereignty over disputed areas, citing diplomatic statements …

Cmsi Archive Translation: The Provisional Constitution Of Seapower: China’S Participation In Unclos Negotiations From Beginning To End, Shan Xu

CMSI Translations

This report covers China's involvement in the nine-year UNCLOS III negotiations, which was China’s first important international multilateral negotiation after regaining its UN seat. Key outcomes included the establishment of 200nm EEZs, which China had strongly supported but later realized posed a dilemma regarding resource sharing in semi-enclosed seas like the East China Sea and Yellow Sea. The article notes that the resulting vagueness in UNCLOS wording allows parties to interpret articles beneficially. China maintained its declaration that foreign naval vessels require prior permission for innocent passage through territorial waters, and it has consistently refused to accept the jurisdiction of …

Cmsi Archive Translation: Accelerate The Formulation Of A National Maritime Strategy And Maritime Basic Law, Wang Hanlin

CMSI Translations

This article emphasizes the urgency of formulating a National Maritime Strategy and a Maritime Basic Law following the 18th Party Congress decision to transform China into a maritime power. The Maritime Basic Law is needed to legalize the strategy, define departmental responsibilities, and translate international obligations, such as UNCLOS rights, into domestic law for effective implementation. The law would also specify China’s principled positions on resolving maritime disputes and is viewed as a measure to increase policy transparency and deter foreign harassment, following the example of the 1958 Territorial Sea Statement.

Cmsi Archive Translation: Drawing Up A Maritime Basic Law/ Protecting Maritime Rights And Interests In Accordance With The Law, Liu Huirong

CMSI Translations

Advocating for the establishment of a Maritime Basic Law, this article addresses the structural deficiencies in China’s current maritime legal system, which is fragmented and lacks an authoritative, overarching law. The proposed law should be comprehensive, technical, and international in nature. Its contents should clearly stipulate the country's sphere of jurisdiction over the ocean, protect sovereignty, and establish basic policies to ensure coordination between statutes. The article notes that while the Property Law mentions "maritime space," the fundamental law still lacks a clear definition of the ocean, a gap the Basic Law must remedy.

Cmsi Archive Translation: Thoughts On Advancing Ocean Defense Construction Work In The New Situation, Wu Jianhong, Huang Chunyu, Liu Changlong

CMSI Translations

This paper analyzes the challenges facing China’s ocean defense construction, identifying systemic issues like overlapping administrative functions, fragmented management, and the lack of a comprehensive legal framework. A major bottleneck is the absence of an authoritative, foundational Ocean Defense Law to guide specific legislation. Existing laws, such as the PRC Law on the Territorial Sea and Contiguous Zone and the PRC Law on the EEZ and Continental Shelf, suffer from unclear implementation responsibilities and lack explicit judicial procedures for punishing foreign violations. The article calls for accelerating the issuance of a comprehensive Ocean Defense Law to resolve these deficiencies.

Cmsi Archive Translation: New Thinking On Joint Development And Freedom Of Navigation In The South China Sea: Paths For Resolving The South China Sea Dispute Based On International Law, Luo Guoqiang

CMSI Translations

This paper evaluates China's long-standing policy of "putting disputes aside, engaging in joint development" in the South China Sea, noting its slow progress internationally and proposing that resolution should primarily rely on boundary agreements or legal adjudication. The article addresses concerns that China’s claim of "historical rights" threatens freedom of navigation. It argues that China only demands sovereignty over the islands and jurisdiction over resources within the dashed line, not territorial sovereignty over the entire area. The author contends that China's claims are less restrictive than the actions of other countries that exploit UNCLOS to carve up maritime space.

Cmsi Archive Translation: Philippines Violates Declaration On The Conduct Of Parties In The South China Sea, Feng Liang

CMSI Translations

This article criticizes the Philippines for unilaterally pushing for international arbitration regarding the South China Sea, arguing that this action violates the spirit of the Declaration on the Conduct of Parties (DOC). The DOC stipulates that territorial disputes should be resolved through "friendly consultations and negotiations by sovereign states directly concerned," which clearly excludes third-party interference like arbitration. The core issue is sovereignty over islands within China’s nine-dash line. The article asserts that the arbitration court lacks the right to adjudicate, especially since China made exclusionary claims in 2006 under UNCLOS Article 298 regarding territorial ownership and historical possession.

Cmsi Archive Translation: On The Legality Of Applying Straight Baselines To China’S Mid-Ocean Archipelagos A Perspective From Customary International Law, Zhang Hua

CMSI Translations

This article provides a legal basis for applying straight baselines to China’s mid-ocean archipelagos (Paracels and Diaoyu Islands), arguing that it is justified by customary international law rather than analogy with UNCLOS Articles 7 or 47. The practice, supported by multiple states, constitutes a "sui generis" straight baseline. The author argues that the legality of these baselines depends on the islands constituting a legal "unit". Critiques from the US that rely on UNCLOS’s restrictive water-to-land ratios and maximum lengths are invalid because these limitations do not apply to sui generis baselines derived from customary law.

Cmsi Archive Translation: Summary Of The Workshop On “The Current Legal Struggle For Rights And Interests In The South China Sea, Sun Jianzhong

CMSI Translations

This summary reports on a workshop concerning the legal struggle over South China Sea rights, covering China's land reclamation (deemed legitimate but not altering legal status) and the arbitration case. Experts discussed the relationship between the nine dashed line and historic rights, noting that UNCLOS has not fully assimilated (expelled) the historic rights concept. A significant viewpoint stressed that the nine dashed line is a state asset inherited by the PRC government from the Republic of China. The article also notes the potential for the arbitration case to encourage lawsuits against China over ecological harm caused by island and reef …

Cmsi Archive Translation: Research On Requirements And Measures In Civilian Vessel Mobilization For Maritime Rights Protection, Dai Jiachen, Geng Yueting

CMSI Translations

This paper analyzes the need for mobilizing China's vast civilian vessel fleet for maritime rights protection, stressing that civilian forces are required to confront foreign vessels "on an equal footing" and compensate for inadequacies in official law enforcement capacity. Key legal challenges include the high degree of privatization and organizational deficiencies, rendering the traditional executive order mode ineffective. The article calls for urgently improving the legal system by formulating specialized mobilization laws, such as a Civilian Vessel Mobilization Law (《民用船只动员法》) or a Merchant Vessel Law (《商船法》).

Cmsi Archive Translation: Research On Civil Wharfs Construction Implementing Maritime Strategic Projection Requirements, Wang Xin

CMSI Translations

This research focuses on ensuring civil wharves meet the requirements for maritime strategic projection, especially for loading heavy military equipment in wartime. The facilities must meet stringent standards, including those for protection and emergency repair (e.g., underground command posts). A standards system framework, including technical and management standards, is necessary to legislate clear powers and obligations. The article advocates for moving the implementation mode from mandatory mobilization to contractual mobilization, learning from foreign models that use legal contracts to clarify rights and responsibilities.