Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars
Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.
1119638844
Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars
Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.
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Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars

Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars

by Travers McLeod
Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars

Rule of Law in War: International Law and United States Counterinsurgency Doctrine in the Iraq and Afghanistan Wars

by Travers McLeod

Hardcover

$125.00 
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Overview

Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.

Product Details

ISBN-13: 9780198716396
Publisher: Oxford University Press
Publication date: 02/11/2015
Pages: 306
Product dimensions: 6.20(w) x 9.30(h) x 1.10(d)

About the Author

Travers McLeod is the Chief Executive Officer at the Centre for Policy Development, an independent Australian policy think tank, an Honorary Fellow of the School of Social and Political Sciences at the University of Melbourne, and an Associate of the Oxford Martin School at the University of Oxford.

Table of Contents

1. Introduction
Premise and Argument
Politics versus Law?
Why COIN, and why the U.S.?
Use of Force and Detention
Military doctrine: just words?
Tracing international law's impact: three pathways
Structure

2. Counterinsurgency and International Law
Insurgency and Counterinsurgency
Modern Counterinsurgency
Juridification of War
Characterising Armed Conflict
Combatants, Non-Combatants and Civilians
Modern Counterinsurgency and International Law
Use of Force
Detention
Conclusion

3. Background to FM 3-24
Genealogy of FM 3-24
Genesis of FM 3-24
Development of FM 3-24
Audiences of FM 3-24
Response to FM 3-24
Institutionalisation of FM 3-24
Conclusion

4. Constructing FM 3-24
Approach
Pathway I
Pathway II
Pathway III
Conclusion

5. Prosecuting FM 3-24
Rolling out COIN
Pathway I
Pathway II
Pathway III
Conclusion

6. Conclusion

Bibliography
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