Rule of Law in War
International Law and United States Counterinsurgency in Iraq and Afghanistan
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 December 2014
- ISBN 9780198716396
- Binding Hardback
- No. of pages306 pages
- Size 240x162x21 mm
- Weight 606 g
- Language English 0
Categories
Short description:
War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. Rule of Law in War shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
MoreLong description:
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.
McLeod should be congratulated for showing how questions in the philosophy of law can be illuminated by empirical studies. Scholars and practitioners of modern war should be familiar with his book. It is sometimes hard going, but the argument is firmly based on three simple questions. What does FM 3-24 prescribe? How did that come about? Has the manual changed things?
Table of Contents:
Introduction
Counterinsurgency and International Law
Background to FM 3-24
Constructing FM 3-24
Prosecuting FM 3-24
Conclusion
