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  1. #24
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    Default Ethics and Law - Yuck

    I was reminded of this subject matter area in looking at COL Maxwell's list (endorse all those oldies but still goodies - hey, all Old Timers ); and by the discussion re: Trinquier and Galula. As to Galula, his most useful work for thinking and discussion is Galula's monograph at Rand (free in the pdf download), Pacification in Algeria, 1956-1958.

    That piece is here reviewed by our own Polarbear1605:

    I like the oven idea!

    -------------------------

    Quote [orig. from jmm99]:
    Putting the insurgent in the baker's oven (it worked) would not be within UCMJ bounds today.
    Actually, I like the oven idea because it was a ruse. I also understand what the Field Manual says about detainees. So the question then becomes; How does the Company Commander get the infomation he needs when fighting a counter insurgence? I really think we need a separate SOP for handling "detainees" in an insurgency. ruse = a wily subterfuge; sounds much better than "stick him in the oven" and should be authorized.

    Pacification in Algeria should be mandatory reading for Lts, Capts and especially, Generals
    BTW: The French won the military struggle; they lost the political struggle.

    The Great White Bear's comment allows me to segué into my other choices - and not a lawbook among them

    Next, a topic dear to the hearts of PB1605 and jmm99 - defense of folks tried before courts-martial for alleged homicides of "civilians" during the course of irregular warfare. For that, we take an entertainment break (pun was actually unintentional - I'm still on my first coffee):

    Breaker Morant (film)

    Court martial of Breaker Morant

    Breaker Morant (link drops down to discussion of the Scapegoats book by George Witton, the only accused not executed)

    Lieut. George Witton, Scapegoats of the Empire: The True Story of Breaker Morant'S Bushveldt Carbineers (1907 -A Project Gutenberg of Australia eBook)

    I have not attempted to defend the doings of the ill-starred Bushveldt Carbineers, or the policy of those who employed them.

    The methods of dealing with prisoners, which have been solely attributed to that corps, were in active operation before the so-called "Australian" officers went to the Spelonken district--a fact which the English press, and a large section of the Australian press, systematically ignored.

    When I arrived in Australia, I found that the grossest misrepresentations had been made by those primarily responsible for the manner of the warfare which "staggered humanity," and that they had succeeded in linking the name of Australia with the most tragic and odious incidents connected with a mercenary and inglorious war.
    BTW: the trial transcript went missing.
    The collision of the Laws of War and the Rule of Law is never a simple one in cases involving irregular warfare.

    Finally and another free one: Peter A. Newall, Preparing the Strategic Sergeant for War in a Flat World: Challenges in the Application of Ethics and and the Rules of Engagement (ROE) in Joint/Multinational/Multicultural Operations (2008 Master's thesis) (at DTIC).

    In the usual run of things, I end up reading materials by active and retired JAG officers, and by I Law professors (some of them are actually OK). It was refreshing to see this subject approached by a non-legal beagle, combat officer.

    The thesis has five parts:

    Chapter I – Introduction

    Chapter II – Doctrinal Review (a non-technical focus on: The Theory of Armed Conflict; US Policy and Law; Rules of Engagement; Commander’s Intent)

    Chapter III – Situational Analysis (focus on his Analytical Model & Case Study – The Fall of a Warrior King) - discussed here at SWC in "Sassaman Interview"

    Chapter IV – Training (focus on Institutional Training; Combat Training Center Program)

    Chapter V – Summary and Conclusions (focus on Understanding the Law of War; Collective Training)
    This is simply a good, practical article (again, for thought and discussion), which should be more relevant to combat officers than to armchair lawyers (though it certainly held my interest).

    So, everyone else reading this should read COL Newell's thesis - these for optional viewing

    Coffee nearly finished (regular cup size, but Bedouin-style w/ lots of sugar - wire-up time) - so, time to go.

    Regards

    Mike
    Last edited by jmm99; 04-19-2011 at 04:04 PM.

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