Law And The Long War

Nowhere has the U.S. military established more bases, lost more troops, or spent more money in the last thirty years than in the Middle East and Central Asia. These regions fall under the purview of United States Central Command (CENTCOM); not coincidentally, they include the most energy-rich places on earth. From its inception, CENTCOM was tasked with the military and economic security of this key strategic area, the safeguarding of commercial opportunities therein, and ultimately the policing of a pivotal yet precarious space in the broader global economy. CENTCOM calls this mission its “Long War.” This book tells the story of that long war: a war underpinned by a range of entangled geopolitical and geoeconomic visions and involving the use of the most devastating Western interventionary violence of our time. Starting with a historical perspective, John Morrissey explores CENTCOM’s Cold War origins and evolution, before addressing key elements of the command’s grand strategy, including its interventionary rationales and use of the law in war. Engaging a wide range of scholarship on neoliberalism, imperialism, geopolitics, and Orientalism, the book then looks in-depth at the military interventions CENTCOM has spearheaded and critically assesses their consequences in terms of human geography. Recent books on CENTCOM have focused on command structures, intelligence issues, and interpersonal rivalries. In contrast, The Long War asks critical questions about CENTCOM’s leading role in shaping and enacting U.S. foreign policy over the last thirty years. The book positions CENTCOM pivotally in the story of U.S. global ambition over this period by documenting its efforts to oversee a global security strategy defined in military-economic terms and enabled via specific legal-territorial tactics. This is an important new study on the blurring of war and economic aims on a global scale.

An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.

In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

"Shaping the central region for the 21st century": CENTCOM's long war -- CENTCOM activates: Cold War geopolitics and global ambition -- Envisioning the Middle East: new imperial regimes of truth -- Posturing for global security: territory, lawfare, and biopolitics -- Military-economic securitization: closing the neoliberal gap -- No endgame: the long war for global security

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

Donald Trump’s election to the U.S. presidency in 2016, which placed control of the government in the hands of the most racially homogenous, far-right political party in the Western world, produced shock and disbelief for liberals, progressives, and leftists globally. Yet most of the immediate analysis neglects longer-term accounting of how the United States arrived here. Race and America’s Long War examines the relationship between war, politics, police power, and the changing contours of race and racism in the contemporary United States. Nikhil Pal Singh argues that the United States’ pursuit of war since the September 11 terrorist attacks has reanimated a longer history of imperial statecraft that segregated and eliminated enemies both within and overseas. America’s territorial expansion and Indian removals, settler in-migration and nativist restriction, and African slavery and its afterlives were formative social and political processes that drove the rise of the United States as a capitalist world power long before the onset of globalization. Spanning the course of U.S. history, these crucial essays show how the return of racism and war as seemingly permanent features of American public and political life is at the heart of our present crisis and collective disorientation.

An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.