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

McLeod, Travers

Hardcover

ISBN 10: 0198716397 ISBN 13: 9780198716396

Publisher: Oxford University Press, 2015

Synopsis

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.

About this title

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.

Review:

"A compelling, thoughtful, superbly written, and exhaustively researched examination of the interaction of law and the conduct of counterinsurgency operationsthe best contemporary study I have seen on this topic." - General David H. Petraeus, U.S. Army (Retired), former commander of coalition forces in both Iraq and Afghanistan and former Director of the CIA

"Through remarkable diligence, Travers McLeod gained access to unique sources that allow him to provide the clearest description to date of the intellectual currents and controversies that shaped FM 3-24 and made it so revolutionary for the American military. It is a first class piece of social science analysis and intellectual history." - Conrad Crane, lead author of the 2006 version of FM 3-24

"Does international law influence and constrain militaries as they fight wars? How? And how would we know? McLeods Rule of Law in War tackles these crucial questions through the lens of the US Armys Field Manual on counterinsurgency (FM 3-24) that guided the US wars in Iraq and Afghanistan. Drawing on an extraordinary array of interviews and archival materials, McLeod provides a sophisticated and probing analysis laws vital role in both shaping US military doctrine, and in the way it was implemented on the ground. Rule of Law in War is essential reading for anyone interested in the changing nature of war fighting in the twenty-first century." - Professor Martha Finnemore, Professor of Political Science and International Affairs, George Washington University

"Does international law matter, and if so how? Are its effects marginal, or does it affect the high politics of international affairs: national security and the conduct of war? Rule of Law in War is must read for everyone interested in these key questions. Through path-breaking and painstaking primary research, Travers McLeod details the influence on international law on United States counterinsurgency doctrine, showing how through three pathways it shaped Field Manuel 3-24 and its implementation in Iraq and Afghanistan. With unprecedented access to the doctrines key architects, as well as the full drafting history, McLeod opens a unique window on international laws impact. A wonderful read, bursting with insight." -Christian Reus-Smit, Professor of International Relations, University of Queensland

"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?" -International Affairs

"Rule of Law in War is a narrow but fascinating account for anyone interested in the minutiae of counterinsurgency (COIN) doctrine and strategy and, in particular, how they relate to combat operations in Iraq and Afghanistan. While this is not the primary intention of the book, it is also an absorbing character portrait of US General David Petraeus and the central role he played in crafting US COIN doctrine, both in the corridors of power and in the field. Through extensive research and interviews regarding the drafting, development and reception of FM 3-24, McLeod documents an unprecedented shift in current understandings of COIN." -LSE Review of Books

"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?" -International Affairs

About this edition

• Publisher: Oxford University Press
• Publication date: 2015
• ISBN 10: 0198716397
• ISBN 13: 9780198716396
• Binding: Hardcover
• Number of pages: 304