Results 1 to 20 of 52

Thread: Lawfare - Theory & Practice

Threaded View

Previous Post Previous Post   Next Post Next Post
  1. #17
    Council Member Bob's World's Avatar
    Join Date
    Nov 2008
    Location
    Florida
    Posts
    2,706

    Default

    Rather than looking at the law as simply one more LOO or weapon for defeating the threat; I believe there are more practical applications for legal approaches to mitigate the conditions that give rise to and empower these non-state threats.

    One primary application is that of "Sanctuary." High time we evolved from the tired, and entirely incomplete cliché of "ungoverned spaces" and evolved to a more sophisticated and complete understanding of what truly provides sanctuary to these groups.

    First, all insurgents and terrorists are by definition outlaws, so they have their first sanctuary right there. One is not constrained by the law once they opt to live and act outside it.

    Second, being "non-state" actors they are also outside the rules and tools designed for the control of proper state behavior. We must develop new legal approaches that deny this 'sanctuary from consequences' much more effectively than current approaches.

    Another critical component to sanctuary is the support of poorly governed populaces. Understanding what aspect of governmental actions contribute most significantly to such perceptions and then crafting and enforcing laws aimed at the governments that create these conditions we nick away at their sanctuary even more.

    Next we need better laws for allowing short-notice, short-duration punitive raids to deal with critical nodes of networked terror organizations. There must be checks and balances, and full communicaitons and transparency behind the scenes (to the degree possible); but we can't keep rubbing other peoples faces in it when we decide we want to pop into their country to whack somebody.

    This is just one area, but for me, if lawfare is just another rocket to shoot at the insurgent himself, it not much value added. I would expect lawyers to be a bit more clever and devious in their approaches...
    Last edited by Bob's World; 09-27-2010 at 02:14 PM.
    Robert C. Jones
    Intellectus Supra Scientia
    (Understanding is more important than Knowledge)

    "The modern COIN mindset is when one arrogantly goes to some foreign land and attempts to make those who live there a lesser version of one's self. The FID mindset is when one humbly goes to some foreign land and seeks first to understand, and then to help in some small way for those who live there to be the best version of their own self." Colonel Robert C. Jones, US Army Special Forces (Retired)

Similar Threads

  1. Responsibility to Protect (R2P): Catch All
    By marct in forum International Politics
    Replies: 66
    Last Post: 01-30-2017, 01:09 PM
  2. Replies: 84
    Last Post: 02-03-2009, 08:34 PM
  3. Distributed Networked Systems Theory and Practice
    By pvebber in forum Futurists & Theorists
    Replies: 10
    Last Post: 03-03-2008, 04:51 AM
  4. Theory vs. Practice
    By zenpundit in forum Doctrine & TTPs
    Replies: 11
    Last Post: 07-31-2006, 08:13 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •