Forget swarming, it’s our RoEs, and the laws of war that underpin them, that are the

[jmm99]

There is considerable distance between the US and the EU-countries re: the LOAC and ROEs applicable to irregular combatants and to "terrorists" (the dominant EU legal opinion, as I understand it from the Eminent Jurists Panel, regards "terrorists" as solely a law enforcement problem).

I don't see where Etzioni's suggestions will have much traction here; even the current administration seems committed to an LOAC approach to "terrorism" - e.g., Harold Koh's recent remarks and adding Awlawi to the hit list for direct actions.

So far as irregular combatants are concerned, the EU-countries are generally committed to Additional Protocols I & II - and I expect there is considerable support for the "direct participation" requirement advanced by the ICRC. The US attitude toward the "transitory guerrilla" has been negative (which is why AP I & II were not ratified).

One wonders whether, because of the gulf between these basic policies, the US and the EU-countries should refrain from military alliances (such as NATO); and simply co-operate on an ad hoc basis where the mutual benefits far outweigh the policy conflicts.

In any event, what say the Euros (and other non-USAians) re: Etzioni's suggestions being adopted by your own countries.

Regards

Mike

[Firn]

....

One wonders whether, because of the gulf between these basic policies, the US and the EU-countries should refrain from military alliances (such as NATO); and simply co-operate on an ad hoc basis where the mutual benefits far outweigh the policy conflicts.

....

Regards

Mike

The argument is indeed interesting and well presented. Sorry that I just focus on the small excerpt but I find it a bit surprising to question the values of a military alliance on the basis of possibly even large squabbles concerning the legal status of enemy fighters encountered in conflicts which are not in the vital interests of their members.

Note that the political, legal and factual influences of long-term military (political) alliances, in this case NATO are considerable and clearly distinct from temporary ad-hoc cooperations.


Regards

Firn