Rule of law in war : international law and United States counterinsurgency in Iraq and Afghanistan / Travers McLeod.
2015
KZ6398.A87 M35 2015 (Map It)
Available at Cellar
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Rule of law in war : international law and United States counterinsurgency in Iraq and Afghanistan / Travers McLeod.
Published
Oxford, United Kingdom : Oxford University Press, 2015.
Call Number
KZ6398.A87 M35 2015
ISBN
9780198716396 (hbk.)
0198716397 (hbk.)
0198716397 (hbk.)
Description
xvii, 286 pages ; 24 cm
System Control No.
(OCoLC)904755900
Summary
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.--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 247-276) and index.
Record Appears in
Table of Contents
List of Figures and Tables
xiii
Abbreviations
xv
1.
Introduction
1
Premise and Argument
2
Politics versus Law?
4
Why COIN, and why the US?
7
Use of Force and Detention
11
Military Doctrine: Just Words?
13
Tracing International Law's Impact: Three Pathways
17
Structure
28
2.
Counterinsurgency and International Law
29
Insurgency and Counterinsurgency
30
Modern Counterinsurgency
34
Juridification of War
36
Characterizing Armed Conflict
45
Combatants, Non-Combatants and Civilians
51
Modern Counterinsurgency and International Law
59
Use of Force
64
Detention
70
Conclusion
73
3.
Background to FM 3-24
76
Genealogy
77
Genesis
87
Development
91
Audiences
99
Responses
103
Institutionalization
108
Conclusion
113
4.
Constructing FM 3-24
115
Approach
116
Pathway I
International Law's Ideational Pull
116
Pathway II
International Law and Legitimacy
133
Pathway III
International Law's Mandatory Influence
145
Conclusion
156
5.
Prosecuting FM 3-24
157
Rolling out COIN
159
Pathway I
International Law's Ideational Pull
163
Pathway II
International Law and Legitimacy
194
Pathway III
International Law's Mandatory Influence
207
Conclusion
231
6.
Conclusion
232
Bibliography
247
Index
277