Rule of Law in Iraq & Afghanistan

[Polarbear1605]

Seriously, it was BG Martins' call as to how he wanted to coat the pill. I didn't go to Harvard; and I can't put myself in his shoes.

Yep, your right, but when a general bares his ankle I can’t help but nip at it a bit…much like my wife’s fat cats when they see a bird outside the window; their teeth chatter as a primeval genetic uncontrolled reaction to spotting potential prey.

As I read through the above posts most everyone speaks or at least implies that establishing the rule law in a counter insurgence is a complicated business. My gut than screams, well then, SIMPLIFY IT. Start with the Laws of War; because you must. The reason you must is because that is all there is. When counter insurgency forces move into insurgent controlled territory there is no rule of law. Chances are police and judges has been executed or run out and they will not return until the insurgents are gone. Our Soldiers and Marines are the only thing that can establish control and fight the armed wing of the insurgency and as long as they are fighting it has to be under the Laws of War. When the US military moves in, the armed insurgents move out and the political or shadow government goes into hiding. The insurgent decision to not take on our military forces presents a gap or opportunity to establish our intelligence apparatus/network with the mission of finding the shadow government. Again, these folks must be operating under the Laws of War.

As the insurgency forces are eliminated you can begin transitioning in police, judges, mayors, schools and whatever else is necessary, however, as long as the military forces are there it all stays under the Laws of War. When you don’t need military forces then you are ready for the Rule of Law. There must be a (and I will use these terms again for you military folks out there) "coordination point" and a formal "relief in place" between the Laws of War and the Rule of Law.

If you compare FM 3-24/MCWP 3-33 Counterinsurgency to the Marine Corps Small Wars Manual (MCSWM) (and set aside the difference in publication dates just for a few minutes), there is a marked difference that hits me with all the power of a 16oz boxing glove swung by a professional fighter. Both manuals have a healthy dose of “Intelligence” but the MCSWM has five chapters (the last five) that are almost completely missing from FM 3-24. Those five chapters speak to the frame work for establishing a military (Laws of War) controlled government and then transitioning to the Rule of Law. The MCSWM simplicity is a thing of beauty when compared to discussions, debates, frictions, lawfare, war crimes issues, etc., etc., etc., we are experiencing (first in Iraq and what seems forever) in Afghanistan.

I think the truth teller is the last chapter in the MCSWM is titled “Withdraw”…the last chapter in FM 3-33 is titled “Logistics”.