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The Counterinsurgent's Constitution - Law in the Age of Small Wars (Hardcover, New)
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The Counterinsurgent's Constitution - Law in the Age of Small Wars (Hardcover, New)
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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.
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