The Counterinsurgent S Constitution

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others"--Page xxii, Introduction.

This new handbook provides a wide-ranging overview of the current state of academic analysis and debate on insurgency and counterinsurgency, as well as an-up-to date survey of contemporary insurgent movements and counter-insurgencies. In recent years, and more specifically since the insurgency in Iraq from 2003, academic interest in insurgency and counterinsurgency has substantially increased. These topics have become dominant themes on the security agenda, replacing peacekeeping, humanitarian operations and terrorism as key concepts. The aim of this volume is to showcase the rich thinking that is available in the area of insurgency and counterinsurgency studies and act as a further guide for study and research. In order to contain this wide-ranging topic within an accessible and informative framework, the Editors have divided the text into three key parts: Part I: Theoretical and Analytical Issues Part II: Insurgent Movements Part III: Counterinsurgency Cases The Routledge Handbook of Insurgency and Counterinsurgency will be of great interest to all students of insurgency and small wars, terrorism/counter-terrorism, strategic studies, security studies and IR in general, as well as professional military colleges and policymakers.

This two-volume history of counterinsurgency covers all the major and many of the lesser known examples of this widespread and enduring form of conflict, addressing the various measures employed in the attempt to overcome the insurgency and examining the individuals and organizations responsible for everything from counterterrorism to infrastructure building. How and when should counterinsurgency be pursued as insurgency is growing in frequency and, conversely, while conventional warfare continues to decline as a means by which political rivals seek to impose their will upon each other? What lessons from the past should today's policymakers, strategists, military leaders, and soldiers in the field keep in mind while facing off against 21st-century insurgents? This two-volume set offers a comprehensive history of modern counterinsurgency, covering the key examples of this widespread and enduring form of conflict. It identifies the political, military, social, and economic measures employed in attempting to overcome insurgency, examining the work of the individuals and organizations involved, demonstrating how success and failure dictated change from established policy, and carefully analyzing the results. Readers will gain valuable insight from the detailed assessments of the history of counterinsurgency that demonstrate which strategies have succeeded and which have failed—and why. After an introductory essay on the subject, each chapter provides historical background to the insurgency being addressed before focusing on the specific policies pursued and actions taken by the counterinsurgency force. Each section also provides an assessment of those operations, including in most cases an analysis of lessons learned and, where appropriate, their relevance to counterinsurgency operations today. The set's coverage spans modern counterinsurgencies from Europe to Asia to Africa since 1900 and includes the ongoing counterinsurgency operations in Afghanistan today. Its wide, international approach to the subject makes the set a prime resource for readers seeking specific information on a particular conflict or a better understanding of the general theories and practices of counterinsurgency.

Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under international law.

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

British forces conducted operations short of war in Northern Ireland for twenty-five years, yet they were unable to defeat the Provisional Irish Republican Army (PIRA). In this heretofore unpublished dissertation from 1994, McFate identifies how certain cultural, legal, and political factors contributed to the longevity of violence in Northern Ireland. Viewing counterinsurgency as a self-reproducing cultural system with its own complex logic, McFate argues that limitations on violence prescribed by the counterinsurgency principle of minimum force paradoxically resulted in a very high degree of sustainability of conflict. Certain other factors—such as emergency security legislation, reverence of military competence, and geo-strategic compression of violence within a cordon sanitaire—enabled normalization and reproduction of the conflict. In opposition to this order, the 1981 Republican hungerstrikes used the silence of the body to incriminate the state, 'embodying' a resistance to the war system of counterinsurgency.

For twenty-six years, civil war tore Sri Lanka apart. Despite numerous peace talks, cease-fires, and external military and diplomatic pressure, war raged on between the separatist Liberation Tigers of Tamil Eelam and the Sinhala-dominated Sri Lankan government. Then, in 2009, the Sri Lankan military defeated the insurgents. The win was unequivocal, but the terms of victory were not. The first successful counterinsurgency campaign of the twenty-first century left the world with many questions. How did Sri Lanka ultimately win this seemingly intractable war? Will other nations facing insurgencies be able to adopt Sri Lanka's methods without encountering accusations of human rights violations? Ahmed S. Hashim—who teaches national security strategy and helped craft the U.S. counterinsurgency campaign in Iraq—investigates those questions in the first book to analyze the final stage of the Sri Lankan civil war. When Counterinsurgency Wins traces the development of the counterinsurgency campaign in Sri Lanka from the early stages of the war to the later adaptations of the Sri Lankan government, leading up to the final campaign. The campaign itself is analyzed in terms of military strategy but is also given political and historical context—critical to comprehending the conditions that give rise to insurgent violence. The tactics of the Tamil Tigers have been emulated by militant groups in Palestine, Iraq, Afghanistan, and Somalia. Whether or not the Sri Lankan counterinsurgency campaign can or should be emulated in kind, the comprehensive, insightful coverage of When Counterinsurgency Wins holds vital lessons for strategists and students of security and defense.