Professional Documents
Culture Documents
NO. 9
SMALL WARS JOURNAL SEPTEMBER, 2010
smallwarsjournal.com
In evaluating current warfighting trends (and One of the single greatest misconceptions of the
reconciliatory attempts to understand said trends), theory of 4GW is the overly-simplistic reconcilia-
it appears the conceptual model of Fourth- tion of the history of warfare into four, distinctly
Generation Warfare (4GW) (and, by extension, delineated (and linearly evaluated) categories (or
Fifth-Generation Warfare (5GW)) has achieved a five, as 5GW has conceptually developed), the first
level of dominant preeminence to the point of doc- culminating just two centuries ago.1 Such a view
trinal establishment. Granted, there are frequent provides only the most superficial of treatments
(and cogent) counterarguments against inherent regarding the history of warfare, any deep exami-
4GW precepts, but said arguments appear to face nation of which reveals those elements of each
an almost uphill battle as 4GW/5GW concepts ―generation‖ appear/disappear/reappear on the
have permeated through the irregular warfighting world stage as circumstances dictate. Of course,
spectrum, becoming established as ―common the tools have changed and it appears that propo-
knowledge.‖ As these terms have become com- nents of 4GW/5GW theory placed too much weight
monplace, frequently spoken with self-assured ab- on the value of said tools (i.e. the tools dictate the
solution, it is rather troubling that these concepts concepts). While it is true that tools can augment
of future warfare, intended to reveal (as propo- concepts, those basic attributes of any discipline,
nents argue) the myopic stasis of ―conventional‖ the most ―core‖ of concepts, don‘t change and ar-
understanding, have themselves become a closed
and limited paradigm. Thus, the inherent problem
with 4GW/5GW (and the difficulty in countering
these concepts) is the nature of their own conven- 1 The Strategist, ―The Architect and Fifth Generation Warfare,‖
tionality. The Strategist (04 June 2006; accessed 11 January 2010); avail-
able from
https://online.apus.edu/educator/temp/ds1253/mils583k001fa
ll09/RequiredReadings/9.mht; Internet.
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
the enemy‘s policymakers.‖6 Such an argument, apocryphal thought traps, regardless of their in-
though, fails to consider the myriad examples of tent, it will continue to be surprised and stymied by
the manifestation of this same phenomenon the activities of insurgents, terrorists and other-
throughout antiquity. The development and utili- wise.
zation of ninja within Japan during the period of
CTRC Derek K. Barnett is currently serving as an
clan warfare (assassination being a most powerful
All-Source Intelligence Analyst at Fort Leaven-
tool to ―change the minds of enemy policymakers‖)
worth, Kan., for an organization that specializes
where polities transcended the definitive hierarchy
in countering IED threats. He possesses a mas-
normally, regressively applied serves as a most co-
ter's degree in Strategic Intelligence and recently
gent illustration of this,7 as does the employment of
completed a graduate certificate program in
mercenaries throughout the history of European
Asymmetric Warfare.
warfare [the size and scope of ―global‖ engagement
matters not as these polities concerned themselves
with what they believed the loci of their worlds to
constitute]. Even 4GW‘s ―unrestricted‖ extension,
5GW, is not unique, for the concepts addressing its
current (still as of yet fully defined) understanding
can be found within Sun Tzu, Machiavelli and oth-
er historic strategic philosophers.
While speaking in 4GW/5GW terms provides
conceptual convenience given its aforementioned
preeminence, the underlying theory of 4GW/5GW
is far too often taken for granted as an absolute.
Perhaps, then, the biggest problem with
4GW/5GW is related to the mantra ―change merely
provides the illusion of progress.‖8 As has been
stated, 4GW/5GW reconciles a most complex topic
far too simplistically, attempting to conceptually
organize a basis of understanding in order to coun-
ter an enemy that, by 4GW‘s very definition, defies
conceptual organization. In doing so, 4GW falls
into the conventional future-centric (sans histori-
cal context) logic that it (falsely) claims to be anti-
thetical to. 5GW then focuses on total-resource
exploitation, with an emphasis on digital tools,
which is not all that dissimilar to the net-centric
cyber-warfare concept already developed that
4GW/5GW advocates have been incredibly critical
of. Thus, 4GW/5GW theory is an inherently con-
ventional argument masquerading as the ―next
new thing.‖ Ultimately, 4GW/5GW allows propo-
nents to engage in critical theory: they argue
against the ―status quo‖ without presenting a true
alternative. And, if the strategic/doctrinal com-
munity continues to constrain itself within such
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VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
Military operations have always been subjected Doughty, examining platoon and company-level
to the effects of disruptive powers far beyond the tactics during the thrust across the Meuse noted
control of the field commander. From the court that the Wehrmarcht‘s strong supply of strategic
intrigues of the past to today‘s domestic catfights, corporals operating at the point of the spear helped
politics has definitely never stopped at the water‘s the risky ―Sickle Cut‖ plan succeed. 9
edge. Events such as the recent series of WikiLeaks
Nevertheless, the WikiLeaks scandals and the
scandals and Rolling Stone‘s expose on General
Rolling Stone article illustrate that more and more
Stanley McChrystal are evolutionary, rather than
individuals removed from the battlefield are at-
revolutionary in nature.
tempting to directly influence it. While press cov-
Nevertheless, analysts and pundits have erage, activism, and scandal have been a constant
pointed out that modern information technology of modern military operations for at least two cen-
and media have allowed elements beyond the mili- turies, many have noted that modern information
tary‘s direct control -- so-called ―super- technology and 24-hour media magnifies the effect
empowered‖ individuals -- greater opportunities to of small incidents, pushes greater power to smaller
alter state policy through disruptive actions. How- groups and individuals, and creates greater public
ever, neither WikiLeaks nor the McChrystal scan- relations risks for military forces. Media mostly
dal significantly altered war policy. Momentary alters -- or attempts to alter -- policy by influencing
disruption, no matter how severe, does not matter public opinion or the opinions and actions of polit-
if the basic policy remains unchanged. Both cases ical elites. However, we can also observe limited
suggest that we ought to have a more tempered direct battlefield flowdown effects, like the riots
view of technology, individual influence, and recently provoked by a Florida pastor‘s threat to
change. publically burn the Koran.
The Strategic Corporal and Policy How should we make sense of this? Clausewitz,
as usual, explains it all. As Antulio Echevarria
Despite the stress on the coordinated usage of noted, most misunderstand Clausewitz‘s famous
all instruments of national power and information statement that war is ―politics by other means:‖
and narrative seen in many defense and military
publications, incidents such as the WikiLeaks ―Col- ―Clausewitz‘s varied use of Politik and the
lateral Murder‖ Apache gun camera video or Roll- context in which he wrote indicate that he
ing Stone journalist Michael Hasting‘s politically signified three things with the term. First,
explosive profile of General Stanley McChrystal it meant policy, the extension of the will of
still seem to shock and surprise. It is bizarre that the state, the decision to pursue goals, po-
an institution that stresses adaptability so much litical or otherwise. Second, it meant poli-
would find itself so flummoxed by either WikiLeaks tics as an external state of affairs—
or a magazine journalist—especially since neither strengths and weaknesses imposed by geo-
are unprecedented. political position, resources, treaty, etc.—
and as a process of internal interaction be-
Fortune and well-placed individuals have al- tween key decisionmaking institutions and
ways played an important role in military opera- the personalities of policymakers. Last, it
tions. Nor is the idea of the ―strategic corporal‖ meant a historically causative force, pro-
limited to the Three-Block War. Freak accidents
such as the capture of the original 1940 German
campaign plan for the invasion of France have cer-
tainly changed the course of history. Robert 9See Robert A. Doughty, The Breaking Point: Sedan and the
Fall of France, Hamden: Archon Books, 1990.
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
viding an explanatory framework for ex- or she did in the near past. Thomas Friedman,
amining war‘s various manifestations over who coined the term ―super-empowered individu-
time.‖ 10 al‖ in 2002, has argued repeatedly that globaliza-
tion has radically ―flattened‖ the globe, enabling
What this means in practice, Echevarria ex-
individuals to decisively influence global systems. 13
plains, is that Clausewitz‘s multidimensional ex-
planation of politics is ―situational and cultural, Similarly, Thomas P.M. Barnett introduced the
objective and subjective‖ encompassing both geo- phrase ―system pertubation.‖ This refers to disrup-
political considerations as well as the influence of tion of system function and invalidation of existing
domestic politics and the ―spirit of the age.‖ 11 One rule sets on a national or global scale. According to
cannot examine the Union‘s conduct of the Ameri- Barnett, the key requirements to reach super-
can Civil War, for example, without factoring in empowerment are comprehension of a complex
Abraham Lincoln‘s need to balance the logic of mil- system's connectivity and operation; access to crit-
itary operations with steps that would bolster his ical network hubs; possession of a force that can be
own electoral fortunes and maintain a fragile polit- leveraged against the structure of the system; and,
ical coalition. 12 Thus, the popular phrase ―politics of course, a willingness to harness such force. 14
stops at the water‘s edge‖ and the political epithet
Former US Marine Corps and Air Force officers
that one side is ―playing politics‖ is quite mislead-
T.X. Hammes and John Robb have introduced
ing. Perhaps the one-dimensional concept of war
similar, albeit more military-focused, concepts.
implicit in these phrases actively handicaps us
Robb‘s 2007 book Brave New War introduced the
when we try to analyze, study, and plan strategic
concept of ―global guerrillas‖ who leverage eco-
communication.
nomic and industrial bottlenecks to maximize their
Of course, actually determining whether or not own power. Similarly, T.X. Hammes has written
a given media operation altered policy is difficult to about the potential of individuals armed with wea-
determine in practice. Often times a negative inci- pons of mass destruction and cutting-edge tech-
dent could be simply a minor tipping point in a nologies. 15 General Charles Krulak‘s concept of the
long process of information attrition. It could also ―strategic corporal‖ in the Three-Block War also
play into an ongoing domestic political dispute shares some similarities with the super-
among policy elites or mesh with some long- empowered individual. 16
burning domestic issue. But it would be short-
Since it is difficult to nail down a common defi-
sighted to claim that media does not have a signifi-
nition of this amorphous concept, we propose that
cant effect on policy and can sometimes substan-
a super-empowered individual is an individual or
tially undermine it. The debate, as we will explore,
is how much (or whether or not) technology and
globalization have shifted the disruptive effect cen-
tralized media once exclusively enjoyed to individ- 13 See Thomas Friedman, Longitudes and Atti-
uals. tudes: Exploring the World After September 11,
New York: Farrar, Straus & Giroux, 2002.
The Concept of the Super-Empowered Indi- 14 See Mark Safranki‘s discussion of the term in
vidual ―Who Would Declare War on the World: The Na-
We often see the phrase ―super-empowered in- ture of Super-Empowered Individuals,‖ Zenpundit,
http://zenpundit.blogspot.com/2007/07/who-would-declare-
dividual‖ or related concepts in debates over globa- war-on-world-nature.html, and Thomas P.M Barnett,
lization, politics, media, and war. The basic idea is The Pentagon’s New Map: War and Peace in the
simple: the individual has much more power to 21st Century, New York: Penguin, 2004.
create a difference—negative or positive—than he 15 John Robb, Brave New War: The Future of Ter-
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VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
small group possessing the knowledge and/or tary capabilities, and war fever. 17 But because of
access to critical nodes in complex social systems, the geopolitics of the continent and the nature of
and the power and willingness to leverage such to the alliance system, one might call the tension be-
either change the system’s rule set or at least a tween Austria and Serbia a critical node in Euro-
strong challenge to it. This clear definition will pean diplomacy due to the respective commit-
provide a better basis for evaluating the claims of ments of France, Germany, and Russia. While the
the literature, both in the political-military world arrangements and obligations between major and
as well as economic and technological contexts. minor powers were never as static and predeter-
mined as they are portrayed in popular history,
Unfortunately, there are many problems, both
they certainly mattered. Princip did not anticipate
theoretical and practical, with the concept of the
the chain of events that followed or attempted to
super-empowered individual. First, there is a pauc-
cause them, but could it be said that he played a
ity of real-life examples of super-empowered indi-
substantial role in altering the rule set of a system
viduals in action, and examples such as the Nige-
due to his access to a pivotal system node? Or, giv-
rian guerrilla group Movement for the Emancipa-
en the sheer complexity of the European geopoliti-
tion of the Nigerian Delta (MEND) tend to be over-
cal situation and the multitude of plausible struc-
used. The discussion, contingent on many technol-
tural explanations advanced in the (now 90 year-
ogies that have not reached maturity yet, is mainly
old) scholarly debate over the causes of World War
theoretical and future-oriented. Additionally, there
I, is this too simplistic an interpretation?
is the problem of causation in the explanation of
individuals and system effects. WikiLeaks‘ information war against the US gov-
ernment as well as Micheal Hastings‘ Rolling Stone
American politics and national security strategy
profile provide several case studies that also raise
drastically changed after the September 11 attacks,
similar questions of causation and influence. They
but does that make Osama Bin Laden a super-
also demonstrate that information-empowered
empowered individual? Surely the outcome de-
non-state actors, while capable of disruption, have
pended more on internal American domestic poli-
great difficulty actually altering policy.
tics, the outcome of which could have led to a va-
riety of possible responses to al-Qaeda‘s terrorism. WikiLeaks’ Mouse-Click Insurgency
Similarly, can we say that al Qaeda has significant-
ly furthered its agenda? The processes set in mo- During 2010, the non-governmental organiza-
tion by al-Qaeda‘s 9/11 attacks led to a set of blows tion (NGO) WikiLeaks dumped a massive amount
that have nearly destroyed the organization, and of classified military information into the public
relatively few Muslims have heeded al-Qaeda‘s call domain. In April, WikiLeaks released gun camera
to rise up against Middle Eastern rulers. For all of footage from an Apache helicopter which recorded
his rhetoric, Bin Laden‘s harried and bloodied or- the deaths of two Reuters employees. Additionally,
ganization hardly appears to be super-empowered. in July, WikiLeaks released a trove of classified
field reports from Afghanistan, dubbed the ―Afg-
Another interesting question is whether or not han War Diary‖. Though an investigation is un-
an individual could become accidentally super- doubtedly underway, it is believed that these se-
empowered. Certainly, one might make the case crets were provided by US Army Private First Class
that Gavrillo Princip, the Serbian nationalist who Bradley Manning.
assassinated Archduke Franz Ferdinand in 1914,
was a super-empowered individual. After other Both of these releases caused a tremendous
members of the Serbian nationalist group, the sensation. In particular, the graphic combat video,
Black Hand, made an unsuccessful attempt to as- which WikiLeaks crudely titled ―Collateral Mur-
sassinate the Archduke, Gavrillo Princip serendipi- der,‖ gave audiences a disturbing view of the hor-
tously happened to cross paths with the Archduke‘s rors of war. Moreover, the ―Afghan War Diary‖
car en route to visit the survivors of the previous was marketed as the 21st century equivalent of the
attempt. With two bullets, Princip assassinated the infamous ―Pentagon Papers‖ of the 1970s. Yet, nei-
Archduke and his wife Sophie, Duchess of Hohen-
berg.
Scholars have advanced a number of different 17See, for example, Niall Ferguson, The Pity of
explanations for the origins of World War I, which War: Explaining World War I, New York: Basic
include the alliance system, the July 1914 crisis Books, 2008, and Steven E. Miller, Sean M. Lynn-
itself, great power rivalries, diplomacy, economics, Jones, and Steven van Evera (ed), Military Strate-
domestic politics, pre-existing war plans and mili- gy and the Origins of the First World War, Prince-
ton: Princeton University Press, 1991.
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
ther incident caused anything more substantial depend on secrecy to carry out their policy aims. 21
than a momentary disruption and public relations He envisions a conspiracy as a closed system that
fiasco. The situation is far from over, as WikiLeaks communicates through links of varying strength.
has threatened to release more damaging informa- Some conspirators are on the periphery; others are
tion the future. Nevertheless, it is an interesting central to the plot. The conspiracy as a whole is a
case study of an non-state actor attempting to di- living organism that processes external informa-
rectly use technology to alter policy -- and Wiki- tion, circulates it around the conspiratorial group,
Leaks‘ failure to do so suggests that such actors and then acts on it to produce policy. 22
face serious limitations
Assange, however, sees a way that the conspira-
What is WikiLeaks‘ purpose for leaking classi- cy can be disrupted: ―We can marginalise a con-
fied US military information? In a recent Der Spie- spiracy‘s ability to act by decreasing total conspira-
gel interview, WikiLeaks founder Julian Assange torial power until it is no longer able to under-
declared that his objective was to undermine US stand, and hence respond effectively to, its
policy. When asked if he believed that his leaked environment. We can split the conspiracy, reduce
data would influence decision makers, Assange or eliminating important communication between
responded that his material ―shines light on the a few high weight links or many low weight links.‖
everyday brutality and squalor of war. The archive 23 Traditionally, Assange writes, this would be done
will change public opinion and it will change the through coercive physical actions such as kidnap-
opinion of people in positions of political and dip- ping or assassination. But an modern conspiracy
lomatic influence. …[t]here is a mood to end the can be disrupted by making it incapable of receiv-
war in Afghanistan. This information won't do it ing and processing information by ―deceiving‖ or
alone, but it will shift political will in a significant ―blinding it.‖ In practice, this would mean putting
manner…‖18 Elsewhere, Assange declares that the pressure on crucial links, or severing links. By
―most dangerous men are those who are in charge doing so, the organism‘s very life functions would
of war. And they need to be stopped.‖ 19 be disrupted and it would be incapable of compre-
hending or controlling its environment. 24
These statements, as well as Assange‘s TV in-
terviews and writings, are indicative of a classic To illustrate, Assange asks his readers to
―have-not‖ belief system rooted in suspicion of the ―[c]onsider what would happen if one of these par-
power of governments and national security agen- ties gave up their mobile phones, fax and email
cies. WikiLeaks portrays itself as a 21st century ver- correspondence -- let alone the computer systems
sion of the Pentagon Papers, using the power of which manage their subscribes, donors, budgets,
information to spur public reaction against indi- polling, call centres and direct mail campaigns?‖
viduals and organizations it views as unjust. The Answering his own question, Assange concludes
United States in particular is distinctly over- that his opponents would‖ immediately fall into an
represented in recent WikiLeaks leaks, providing organizational stupor and lose to the other.‖ 25 This
further evidence of Assange‘s animus towards the paper suggests that WikiLeaks‘ operations are not
American government. solely intended as a means of influencing public
opinion and policy elites. They might also be in-
John Robb has highlighted a technical paper
tended to make civilian and military national secu-
written by Assange, which has been leaked by Wi-
rity officials and operators feel insecure about their
kiLeaks‘ predecessor Cryptome.20 In this paper,
communications, turning up the pressure on the
―State and Terrorist Conspiracies,‖ Assange theo-
internal dynamics of what Assange views as a
rizes that modern governments and large corpora-
closed system ripe for disruption.
tions are essentially organized conspiracies that
WikiLeaks intended to realize these ambitious
objectives through the tactical exploitation of in-
formation access to relevant leaks. Private First
Class Bradley Manning‘s contact with WikiLeaks is
18 ―WikiLeaks Founder on the War Logs,‖ Der Spiegel, July 26,
2010.
http://www.spiegel.de/international/world/0,1518,druck- 21 Julian Assange, ―State and Terrorist Conspiracies,‖ Novem-
708518,00.html
19 Ibid. ber 10 2006, http://cryptome.org/0002/ja-conspiracies.pdf.
22 Assange, 2-3.
20 See John Robb, ―Global Guerrilla: Julian Assange,‖ Global
23 Assange, 4.
Guerrillas, August 15, 2010.
http://globalguerrillas.typepad.com/globalguerrillas/2010/08/ 24 Assange, 5.
smallwarsjournal.com 7
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
an example of the organization‘s strategy of infor- distributed systems and decentralized organization
mation access. The ―Robin Sage‖ case also illu- also largely insulate them from retaliation -- pro-
strates a method of social engineering that Wiki- vided that the adversary is a Western state. The
Leaks and other organizations might employ. A Russian mafia, for example, might take a different
vulnerability tester created a fake Facebook profile view of how to deal with WikiLeaks should a leak
of a pretty female defense analyst named Robin identify a crucial business practice or give a MTV
Sage, friending influential people who shared per- Cribs-style tour of a kingpin‘s private dacha.
sonal information with her, invited her to confe-
rences, and even encouraged her to apply for jobs. On the Cover of the Rolling Stone
26 The latter episode also demonstrates the age-old
If the WikiLeaks fiasco is a case study of an ac-
―honey trap‖ is unlikely to ever go out of style; it‘s tor knowingly trying to alter a system through dis-
safe to say that men will think with the wrong por- ruptive actions, the McChrystal case shows a more
tion of their anatomy until the end of time. accidental disruption. The personal motivations of
WikiLeaks‘ grandiose aims, however, are out of the Rolling Stone reporter are not clear, but it is
step with its means. It grossly overestimates the doubtful that he started with a plan as elaborate as
ability of one small organization to acquire decisive Assange‘s. Nevertheless, the crisis created by the
leaks, influence public and elite opinion, and un- McChrystal profile dwarfed the WikiLeaks scandals
nerve the Department of Defense -- a clumsy but by several orders of magnitude.
immensely structurally redundant organization. In April 2010, a volcanic eruption in Iceland
WikiLeaks‘ leaks have also not done anything to grounded flights throughout Europe, leaving thou-
substantially alter public or elite opinion about sands stranded. Among them was General Stanley
Iraq or Afghanistan or pose a formidable challenge McChrystal -- the commander of international
to policy. (It should also be noted that, as this ar- forces in Afghanistan -- and his staff. Delayed in
ticle goes to press, WikiLeaks‘ top leadership is Paris, they decided to make the best of the situa-
experiencing immense internal turmoil, largely as a tion, with the group spending the evening at a local
result of the ―Afghan War Diary‖.)27 pub. In their company was a reporter from Rolling
However, the purely disruptive effect of Wiki- Stone magazine, Matthew Hastings, who had pre-
Leaks‘ leaks is undeniable. The 2007 Apache gun viously covered the war in Iraq. Inexplicably, Gen-
camera video dominated the news and briefly eral McChrystal‘s staff allowed Hastings to observe
spurred heated debate. Additionally, though the the group with their guard down during a raucous
―Afghan War Diary‖ reveals little new about the evening. Throughout the night, they made a num-
progress of the Afghanistan War, it does enable ber of off-the-cuff remarks, including derogatory
Taliban targeting of Afghans who collaborate with comments about civilian officials involved in the
the International Security Assistance Force (ISAF). war effort, such as Vice President Joe Biden. The
It could very well have a chilling effect on others comments from General McChrystal and his staff
considering future cooperation. While WikiLeaks made their way into an article entitled ―The Runa-
is currently undergoing internal organizational way General.‖
turmoil, future organizations with more efficient Events quickly spiraled out of control. Several
methods of information access could conceivably news organizations received advanced copies of the
release information with even more of a disruptive article on the evening of Monday, June 21st 2010,
effect. with an apology from General McChrystal follow-
WikiLeaks-type organizations can cull neces- ing a few hours later. By Tuesday morning, June
sary information through efficient and secure ex- 22nd, news organizations reported that Gen. Mc-
ploitation systems and rapidly disseminate images Chrystal was recalled from Afghanistan by Presi-
and data to the general public and media. Their dent Obama. By the morning of June 23rd, General
McChrystal was relieved of command. The maga-
zine wouldn‘t even hit the newsstands until two
days later, on June 25th. 28
26 Jaikumar Vijayan, ―Fake Femme Fatale Profile Fools Military
Intelligence, Security IT Professionals,‖ Computer World US,
July 23, 2010.
http://features.techworld.com/security/3232957/fake-femme-
fatale-profile-fools-military-intelligence-security-it-
professionals/?intcmp=ros-md-acc-p-ft 28 Noah Schachtman. ―Did Twitter Cost McChrystal His Com-
27 Poulsen, Kevin and Zetter, Kim. ―Unpublished Iraq War Logs mand?‖ Danger Room, June 25, 2010,
Trigger Internal WikiLeaks Revolt‖. September 27, 2010. http://www.wired.com/dangerroom/2010/06/did-twitter-cost-
http://www.wired.com/threatlevel/2010/09/wikileaks-revolt/ mcchrystal-his-command/.
8 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
Noah Shachtman of the Brookings Institution sympathetic newspaper editors and using the me-
believes that ―[t]he fact so many of us are net- dia as a conduit for his policy views, but he was
worked together enabled the information to spread never particularly blatant enough about it to give
speed-of-light fast. That turned what might have Lincoln an excuse to relieve his command. 31 A
been a slower-burning flame into an instant con- McChrystal-style profile would have had the same
flagration.‖ Indeed, by the night of June 23rd, the consequences 150 years ago.
word ―McChrystal‖ was one of the top ten topics on
The key difference, however, lies not only in the
Twitter.29 (On a more personal note, we both use
rapidity of communication but also in the way that
Twitter and watched many of our friends and col-
the national security blogosphere and media net-
leagues consume, retweet, and argue over informa-
work set up a feedback loop. National security in-
tion related to the McChrystal scandal.)
siders, reporters, and bloggers drove the conversa-
In an article in the Philadelphia Inquirer pub- tion by constantly debating it and regurgitating
lished later in June, Shachtman noted that Hast- whatever scraps of new information came to light.
ings‘ story struck a critical node in American public Meanwhile, the 24-hour news media and its array
opinion: its underlying anxiety and frustration with of talking heads amplified the disruptive effect by
the war in Afghanistan, already in its ninth year. setting up a brief, but intensely gripping drama.
Certainly, the ―Afghan War Diary‖, released by Wi- While not entirely revolutionary, the dynamics are
kileaks the next month, also played into, and pos- certainly significant -- and can be traced to the pen
sibly even exacerbated the public‘s worries about of one journalist.
the progress of the war. Moreover, a Gallup poll
indicated that support for the war in Afghanistan, Conclusion
already on the wane, had dropped even further af- While the concept of power increasing to the
ter the Afghan War Diary and the incident with individual is valid in light of social, political, and
General McChrystal.30 economic change, the question is whether or not
Yet, the Rolling Stone profile did not signifi- this shift is significant or decisive. Neither of the
cantly alter public opinion, policy, or the military‘s recent events profiled in this article show a signifi-
conduct of the war. Indeed, General McChrystal‘s cant change in policy resulting from the actions of
immediate superior, General David Petraeus, was ―super-empowered individuals.‖ However, both
placed in overall command of forces in Afghanis- the WikiLeaks and McChrystal examples demon-
tan. When future histories are written about the strate there is certainly a disruptive potential.
Afghan war, will the McChrystal incident be listed Large organizations may be tempted to try to
as a significant factor in the ultimate outcome? It is crack down on individual usage of technology --
likely that, compared to other things such as the such as milblogs or social media forums -- in an
September 9, 2001 assassination of Ahmad Shah attempt to prevent future incidents. Excessive
Massoud, the complex role played by regional measures, however, are unlikely to foil future Wi-
states such as Pakistan or India, or the influence of kiLeaks or McChrystal-style incidents. Instead,
US counterinsurgency doctrine, the McChrystal they may stifle lower-level innovation and initia-
affair will be little more than a footnote. tive. The challenge, as always, will be devising
One interesting precedent is the tension be- competent security and control measures to miti-
tween Civil War commander General George gate the risks without creating yet more unneces-
McClellan and President Abraham Lincoln during sary red tape and bureaucracy.
the Civil War. McClellan‘s private letters and di- Adam Elkus is an analyst specializing on foreign
aries contained vituperative criticism of the Presi- policy and security. He has published on defense
dent and his aides that make the offending quotes issues in Small Wars Journal, West Point Combat-
from McChrystal‘s aides seem tame in comparison. ing Terrorism Center Sentinel, Defense Concepts,
He was also not shy about voicing his criticisms to and other publications. He is currently the Asso-
ciate Editor of Red Team Journal. He is currently
pursuing graduate study at Georgetown in securi-
29 John Timpane, ―New Media too Speedy to Outflank,‖ Phila-
ty studies.
delphia Inquirer, June 24, 2010,
http://www.philly.com/philly/entertainment/20100624_New_
media_too_speedy_to_outflank.html.
30 Jeffrey M. Jones, ―In US, New High of 43% Call Afghanistan
War a Mistake,‖ Gallup,
http://www.gallup.com/poll/141716/new-high-call- 31 McPherson has a good deal of material on the acrimony of
afghanistan-war-mistake.aspx Accessed 14 Sept 2010. this relationship in Tried by War.
smallwarsjournal.com 9
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
Captain Crispin Burke is a UH-60 helicopter pilot er/controller at the Joint Multinational Readiness
with assignments in the 82nd Airborne Division Center in Hohenfels, Germany. He writes for
during Hurricane Katrina, Joint Task Force- Small Wars Journal and under the name “Star-
Bravo in Honduras, and the 10th Mountain Divi- buck at his blog, Wings Over Iraq.
sion in Iraq. He is currently an observ-
In May, 2007 I deployed to Iraq to become the government that would allow such a return -- oth-
Commanding General responsible for accelerating erwise, we will have to be there in some capacity
the growth of the Iraqi Security Forces in size, ca- much longer than we want or is necessary.
pability, and confidence. Prior to deploying, I
The Bush administration chose to define pre-
made a series of rounds in the Pentagon and on
vention only in the first sense. They chose not to
Capitol Hill. I was met with more condolences
commit resources -- troops, funding, attention -- to
than congratulations. The general feeling, no pun
the second prevention task. So we spent nearly a
intended, was that the war was lost and it was only
decade doing half the job. Why they made that
a matter of time before we would admit our defeat
choice is immaterial except for historians and pun-
and withdraw. I am getting the same ―all is lost‖
dits. Wikileaks shows the results of this choice:
attitude about Afghanistan from what I read and
the Afghan situation that we are now in. We must
hear around the Washington, D.C. Beltway. We
deal with reality as it is, not as it could or should
were too quick to declare defeat in Iraq then, and
have been.
it‘s too soon to declare it in Afghanistan now.
The Obama administration correctly under-
We are at a crossroad in Afghanistan, no doubt
stands the necessity of both senses of ―prevention.‖
about that, but the future -- success or failure -- is
Hence at West Point the President articulated our
not predestined. Our enemy may have a vote, but
strategic aims as denying al Qaeda a safe haven,
so do we. What we do, primarily in Afghanistan
reversing the Taliban's momentum and denying it
but based upon decisions in Washington and other
the ability to overthrow the government, and
Capitols, in the next 12 months will determine our
strengthening the capacity of Afghanistan's securi-
future direction.
ty forces and government. To accomplish these
Afghanistan is not a ―war of choice‖ as some aims, the administration understands that we must
have recently declared it. It is a war of necessity take the fight to the Taliban . War is not won on
derived from our self defense. The choice has been the defense.
how we execute the war that came to us with the
Our self defense demands both senses of pre-
9/11 attacks.
vention. Walking away from our own self defense
Unfortunately, the war was characterized as a would be strategic folly. So, the essential strategic
―Global War on Terror.‖ It was never that. The matter before us now concerns ―how‖ to accom-
war that was thrust upon us is a war against Al plish both senses of prevention.
Qaeda, their ideology, and their affiliates -- one of
We must ask ourselves some hard questions. Is
whom had been, and may still be, the Afghan Tali-
it the case that a return of the Taliban equates to a
ban.
return of Al Qaeda? If so, why? If not, why not—
Our initial operations in Afghanistan did evict since the two were essentially connected in 2001
the Taliban and force Al Qaeda into Pakistan, did and have been close since? What are the alterna-
not finish the job. The eviction was temporary. By tive Afghan political arrangements that would ac-
itself, it could not accomplish the strategic goal of complish both senses of prevention? Which would
self defense because inherent in eviction is the no- be ―good enough‖? What kinds of security and dip-
tion of prevention. lomatic actions are necessary to facilitate the crea-
tion of the ―good enough‖? How long will these
Prevent what, though? First, prevent Al Qaeda
actions be necessary? How will they likely im-
from returning to use Afghanistan as a base to at-
prove, or degrade, over time? What kinds of Amer-
tack the US and our allies. Second, and a necessary
ican and allied commitment is necessary to affect
consequent, prevent the formation of an Afghan
10 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
these security and diplomatic actions? Do we, the and work our way forward as an alliance. Euro-
United States and allies, have the strength of will to pean success matters, to them and to us. And in
make these commitments? If not, how do we ex- the region, we can ensure that the AF-PAK solution
plain the billions of ―sunk cost‖ to our citizens? that emerges does not put India in a more ques-
And how do we explain the ―wasted‖ lives and sa- tionable security situation or Iran in a stronger
crifice? Further, how do we assess the psychologi- one.
cal gain to Al Qaeda, their affiliates, and the attrac-
The essential strategic matter is not ―how do we
tiveness of their ideology? Finally, what does such
get out.‖ Rather, it is ―how do we assure our self
a gain mean to our security and that of our allies?
defense given the realities we face.‖ To consider
We can act in the next 12 months to improve courses of action that do not assure our own secu-
the situation in Afghanistan. We can get to a point rity is, again, the height of strategic folly.
where a way forward that assures our self defense,
This matter is not a political one -- Republicans
and that of our allies, by accomplishing both senses
vs. Democrats, doves vs. hawks -- though some will
of ―prevention.‖
want to make it that. It is a national matter. This
In Pakistan, we can help the Pakistani govern- matter is not about ―fixing Afghanistan.‖ It is a
ment and military sustain their offensive opera- matter of securing our strategic self defense.
tions against Al Qaeda and the Pakistani Taliban.
If we can accomplish the above in the next 12
And we can insist on separating Pakistani Intelli-
months, opportunities that are not visible now will
gence Services from insurgents inside Afghanistan.
emerge. Our actions matter with respect to which
In Afghanistan, on the security front, we can main-
future evolves. The future is dynamic, not static.
tain aggressive attacks on Al Qaeda in Afghanistan
And we are part of the dynamic.
and their supporters. We can also create the condi-
tions for favorable negations by (1) finishing the ―Stay the course‖ or ―withdraw‖ is a false di-
counter offensive in Kandahar and Marja, if possi- lemma. As in all previous wars, we must adapt as
ble before the winter, then making daily life better necessary to achieve our strategic aims, but achieve
for the local Afghans, however incrementally; (2) our aims we must.
continuing the counter offensive; (3) killing as
many of insurgent leaders as possible throughout We backed away from both senses of prevention
Afghanistan—attrition of one‘s enemies helps one‘s before, and we are now reaping the consequences
negotiating position; (4) continuing to accelerate of that decision. We need not back away again.
sufficient Afghan National Security Forces, with I certainly understand that ―Afghanistan is not
emphasis the Army and Afghan National Civil Or- Iraq,‖ and I have operated in enough countries in
der Police and on local police only where areas are my 37 year career that I know solutions that work
free from Taliban influence; (5) using ―local forces‖ in one context cannot be applied uniformly to
where they can be incorporated properly into a na- another. I also know the difference between hav-
tional Afghan force—army or police; and (6) secur- ing resolve and being obstinate. But this much is
ing as much of the Afghan population along the clear: with respect to our national self defense, all
East and South as is possible, making daily life bet- is not lost until we give up. We rang the death bell
ter for local Afghans, but not taking more than too early with respect to Iraq, and we are now
what we can do properly. ready to ring it too early with respect to Afghanis-
On the Afghan political front, we can identify tan. We can adapt, we can persevere, and we can
which Taliban can be incorporated into an Afghan succeed in securing our nation.
political arrangement that assures both senses of Lieutenant General James M. Dubik, U.S. Army
prevention and are acceptable to Afghans. We can (Ret.), is a Senior Fellow at the Institute for the
also help create a center-to-periphery political ar- Study of War. LTG Dubik assumed command of
rangement that fits the Afghan history and culture Multi National Security Transition Command-
and is, therefore, sustainable in Afghanistan. We Iraq (MNSTC-I) on June 10, 2007. During this
need not be bound by imposed solutions that work final command, he oversaw the generation and
only in other social, political, and cultural settings. training of the Iraqi Security Forces. Previously,
We may be able to unveil this arrangement by the he was the Commanding General of I Corps at Ft.
end of this year; then work to alter whatever politi- Lewis and the Deputy Commanding General for
cal or legal documents necessary. Transformation, U.S. Army Training and Doc-
In Europe, we can continue to strengthen allied trine Command. He also served as the Command-
resolve with respect to what is necessary near-term ing General of the 25th Infantry Division. Dubik
has held numerous leadership and command posi-
smallwarsjournal.com 11
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
tions with airborne, ranger, light and mechanized uate in 1971, and he retired from service on Sep-
infantry units around the world. He was commis- tember 1, 2008.
sioned a second lieutenant of infantry from Gan-
non University as a Distinguished Military Grad-
A Rifleman’s War
by Staff Sergeant Jeffery Wall
Published online 2010.09.09
I recently returned from leave to discover that against a warlike tribal society of Pashtuns. More-
the Battle Command Knowledge System (BCKS) over, Beechers Island resulted from an experiment
had linked to an article about what really happened to see if fighting the Plains Indians ―the Plains In-
at the Battle of Wanat in Afghanistan. I read the dian way‖ would work for the Army. Essentially
article with serious focus as things relating to my this was a ―Let‘s use a hit and run raid‖ against the
profession are of interest to me. Indian‘s methodology.
Having been around a bit longer than the aver- It didn‘t work too well then and obviously
age guy in the Army, I though some introductory something didn‘t work well at Wanat. We will ex-
historical perspective might be helpful. One could plore this writer‘s opinions as to what didn‘t work
make comparisons of the fight at Wanat to both the well starting now…
Defense of Rorks Drift 22 -- 23 January 1879 in the
What did work well at Beechers Island was the
Transvaal (134 men of primarily the 24th Regiment
fact that the Army Scouts -- chosen men -- were all
of Foot [South Wales Boarders] against the two
expert riflemen and they used their skills (starting
day, one night multiple human wave assaults by
with Major Forsyth‘s opening head shot on an In-
the Zulu Impi [3000 -- 4000 men] that had not
dian) throughout the fight to successfully standoff
been engaged at Isandlawana) and/or the Defense
multiple assaults by mounted warriors from im-
of Beechers Island 17 -- 19 September 1868 outside
provised defensive positions. They didn‘t have
of what is now Wray Colorado (Major Forsyth USA
such a technological advantage that they could fire
and 48 Army Scouts engaged by Cheyenne and
indiscriminately; they had to aim their rifles. And
Arapaho warriors -- whose numbers vary, but no
no supporting arms were available.
less than 200 Plains Indians, some report as many
as 700). So where am I going with this?
In common with the Battle of Wanat, both of Simple. Afghanistan has become a rifleman‘s
these historical cases saw ―western Soldiers‖ en- war.
gaged by an outnumbering enemy considered to be
less sophisticated and/or well equipped than the Because we are fighting a counterinsurgency
soldiers were. In all three instances, the ―western campaign against a tribal warrior society we have
soldiers‖ were victorious -- that is they were not and increasingly continued to limit the use of sup-
overrun but in all three cases it was a very close run porting arms. Machineguns are even proscribed in
thing. A primary distinction however could be said villages and cities for fear of inflicting innocent
to be the presence of supporting arms at Wanat civilian casualties.
that were not available at either Rorks Drift or The result is that we must rely more and more
Beechers Island. on our riflemen to engage and defeat the enemy.
While Rorks Drift can be viewed simply as a We know that 52% of the fights in Afghanistan be-
―Holy Cow, there are a lot of those guys‖ type of gin at 500 meters and go out from there.
fight in that they had no other option but to fight as Recent publications by Dr. Lester Grau (Foreign
hard as they could, Wanat and Beechers Island Military Studies Office) indicate that a majority of
have as a common theme the Army‘s struggle to the fights in Helmand Province are between 500
find a way to fight a counterinsurgency campaign. and 900 meters.
The struggle against the Plains Indians has the as-
pect of a settled, agrarian society in conflict against The problem is that we don‘t teach soldiers to
a warlike tribal society -- as does the Battle of Wa- engage with their rifles at those ranges any more.
nat, which saw Soldiers of a settled society pitted
12 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
If Major Thomas Ehrhart‘s monograph ―In- ammunition -- 18 to zero35 and 40 to qualify on the
creasing Small Arms Lethality in Afghanistan: Tak- ―Pop up Target Range‖.
ing Back the Infantry Half-Kilometer‖32 is correct,
Let me say that again -- 58 rounds.
the Army gave up teaching marksmanship as a
primary Soldier skill in 195833, then thinking that What is not trained when Soldiers are sent to
all future wars would be waged either atomically or war after having fired only 58 rounds? Well let‘s
by armored forces where infantrymen would mop see -- long range marksmanship, range estimation,
up, engaging at close range a defeated and demora- the effects of wind and gravity on trajectory, short
lized enemy who had been pulverized by support- range marksmanship, gun handling skills such as
ing arms and armor. rapid magazine changes and enough practice to
cement these skills - all things that might help in
No one anticipated a counterinsurgency cam-
Afghanistan.
paign against mountain and desert tribesmen in
the Hindu Kush Mountains and deserts of Afgha- In the civilian world one might call this ―crimi-
nistan. nally negligent‖.
Vietnam tended to reinforce the misconception In his seminal work A Rifleman Went to War,
of rifle marksmanship being of secondary impor- Captain Herbert W. McBride noted that trained
tance as much of the fighting there was at close riflemen observed the battlefield for targets, found
range -- either because of the thick vegetation them and engaged them while untrained riflemen
and/or because the enemy grabbed us by the belt simply put their rifles up over the lip of the trench
buckle34 and engaged at such close ranges that we and pulled the trigger. He further noted that it was
could not bring our supporting arms to bear. By the untrained rifleman who usually ran out of am-
the way, this is essentially what happened at Wa- munition while the trained riflemen did not. Cap-
nat. The ―Anti Coalition Forces‖ (ACM) came in tain McBride also noted that he was shooting rifles
close with superior numbers to try to deny us the in earnest by the age of 12 and shot them with re-
use of supporting arms. gularity all of his life but it wasn‘t until he was in
his thirties that he would dare call himself a rifle-
Again, back then no one anticipated a counte-
man as he felt he had not yet attained sufficient
rinsurgency campaign against mountain and desert
knowledge and ability -- 18 years of nearly weekly
tribesmen in the Hindu Kush Mountains and
practice before he would dare claim to be a rifle-
deserts of Afghanistan.
man. [Hmm, that‘s food for thought about what it
In either case, near or far, we now must rely on really takes to be good with a rifle.] If you are in
our riflemen to do the work. The trouble is they any way associated with infantry combat and have
are not trained for it. Employed as I am at the not read Captain McBride‘s book, you really need
California Pre-mobilization Training Assistance to.
Element on what is known as Team Rifle, I am one
So we are sending Americans off to war with
in a squad sized unit tasked with training Califor-
minimal rifle marksmanship training to engage an
nia Guardsmen (and those of other States who
enemy on his turf with inadequate skills.
come through here) in rifle marksmanship as well
as the M9 pistol and the machineguns M2, M240B, Inadequate skills you ask? Can‘t be! Consider:
M249 and Mk19. We are most frequently given The popup target qualification course is all fired
one day to present Preliminary Marksmanship In- with a battle sight zero out to 300 meters. No al-
struction (PMI) and 4 or 5 days on the ranges for lowance is made for wind other than ―hold a little
all of these weapons -- with 1 day on the rifle range. this way or a little that way.‖ No training in read-
According to 1st Army standards we are to -- ideally ing the wind is given, no formulistic method is
-- train a rifleman going to war with 58 rounds of taught for wind estimation or how to calculate a
wind adjustment even though the rifle itself has a
half a minute of angle windage adjustment capabil-
32 Increasing Small Arms Lethality in Afghanistan: Taking ity. Worse still is that many Soldiers don‘t even
Back the Infantry Half-Kilometer, A Monograph By Major attempt to shoot the 300 meter targets preferring
Thomas P. Ehrhart United States Army Approved for School of to save those rounds to ensure a hit on the closer
Advanced Military Studies, United States Army Command and range targets. They have no idea what adjustments
General Staff College Fort Leavenworth, Kansas, AY 2009
33 Ibid., 16
34 Steel My Soldiers Hearts, The Hopeless to Hardcore, Trans-
formation of the U.S. Army, 4th Battalion, 39th Infantry Viet- 35Using 18 rounds or less, attain battlesight zero for a rifle by
nam, Col David Hackworth and Eilhys Englandm, Rugged achieving five out of six rounds in two consecutive shot groups
Land Inc., 2002 within a 4-centimeter circle.
smallwarsjournal.com 13
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
need to go on their rear sights to engage at 400, 3,000 x $0.25 = $750 for the ammunition
500 or 600 meters. What we have then are sol- for 1 Soldier
diers whose effective engagement range capability
$400,000/$750 = 533 Soldiers trained to
(call it the EERC) is 200 to 225 meters.
really effectively engage an enemy with
You remember earlier I noted that 52% of the rifles via an increasingly difficult and
fights in Afghanistan begin at 500 meters? stressful training regimen.
Presumably you see the problem -- the discon- That‘s about a battalion‘s worth of Soldiers.
nect if you will -- between the reality of the war in Does anyone not think that training 533 Soldiers to
which we are engaged and our training regimen. employ their rifles really well will save at least one
Soldier‘s life?
I must point out that as much as we hate to
have ―our way‖ compared as similar to the old Red In the cussing and discussing that occurs
Army‘s way of doing things, they tried to keep the around here as a result of our training experience
enemy in Afghanistan (and Chechnya for that mat- we would break out the ammunition as follows:
ter) away from them - meaning outside 300 meters
1200 rounds -- 0 to 100 yards (this is the
- so they could pound them with supporting arms
range zone where the pucker factor is great-
because their soldiers couldn‘t shoot.
est; where the shooting skills must be in-
We have chosen to reduce civilian casualties by stinctive, i.e. based on ―muscle memory‖).
limiting supporting arms. So be it. That means we
300 rounds -- 100 to 300 yards [this is real-
must have infantrymen who can engage to 500 me-
ly the easy distance, little gun handling un-
ters – if not 600 meters - with their service rifles.
der pressure is required and little adjust-
This takes time and ammunition. The Army must
ment for wind and gravity are needed.
also codify the Squad Designated Marksman
(SDM) and regain a capability it did away with in 1500 rounds -- 300 to 600 yards (this is the
196036. The SDM can fill a lot of the current rifle range zone that requires practiced analyti-
ability void but, surprise, surprise, it takes time, cal ability; where the Soldier must know his
ammunition, equipment37 and training38 to create Dope [data of previous engagements],
an SDM. range estimation, wind estimation & wind
adjustments and be able to apply these fac-
Here is a good place to note that our doctrine
tors).
on SDMs [what little there] needs to change. Cur-
rently the SDM fills the gap from 300m to 500m Then on top of that we need to take an addi-
with snipers then picking up the range from 500 to tional 10 to 14 days and another 1500 rounds to
800m. There aren‘t enough snipers so SDMs really train the SDM. Why you ask would it take that
need to be trained to fire to 700m. much more time and that much more ammuni-
tion? A few reasons suffice to answer those ques-
Let‘s do some math…
tions:
One SGLI payment is $400,000.
Past 500 yards, the wind effects are so much
One M855 cartridge costs about $0.25. For greater that it is almost a different shooting world.
sake of argument, say it takes 3,000 rounds to
High angle fire -- Eastern Afghanistan is the
train a Soldier to engage targets really well from 0
land of the Hindu Kush Mountains. They are tall
to 500 yards (yards vs. meters is intentional here,
and steep. Gravity affects trajectory very different-
most Known Distance Ranges are laid out in
ly when bullets are fired steeply uphill or steeply
yards):
downhill. Soldiers who are required to make more
precise shots need to know how to alter their Dope
accordingly.
Moving targets -- The enemy rarely stands still.
36 Ehrhart., 20 ‗Nuff said.
37 Ideally a magnified optic greater than 4 power and with a
better reticle than exists in the Trijicon ACOG; an optic such as Night fire -- If we say that the night is ours, the
or similar to the Leupold 2.5-8X30mm scope with a mildot or SDM must be able to make his shots during pe-
Tactical Milling reticle is far more preferable based on our expe- riods of limited visibility.
rience and testing
38 10 to 14 days with 1500 rounds per student and access to Earlier I mentioned that we usually have 1 day
both a known distance range to 600 yards and an unknown on the rifle range. In contrast, Modern Army
distance range to at least 700 yards.
14 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
Combatives is mandated at 24 hours or 3 days of to change to what we want anytime soon. Why
training for deploying Soldiers. While I under- should he? What he is doing is working for
stand there is a need to train Soldiers that fighting him. Our own doctrine states that an insurgency
and grappling come with the territory, the milita- that survives and grows is winning. Well, the Tali-
ries of the world have been trying to get away from ban have survived and grown. We need to face re-
hand to hand combat for something like 5,500 ality and adapt. Real rifle training is one basic and
years. And while it still happens [rarely], the in- important way to do just that.
fantryman does far more of his personal killing
The Coalition lost 104 Soldiers in Afghanistan
with his rifle than anything else. Moreover -- and
during June 2010. How many more before we
let me go out on a limb here -- if we really trained
train to the reality of this fight?
Soldiers to be proficient with their rifles, there
would be even fewer hand to hand engagements. Jeffrey Wall, now a Staff Sergeant in the Califor-
nia Army National Guard, is a 1976 graduate of
What am I saying? I am saying that the Army
VMI, and a former infantry officer in the Marine
has its training priorities way out of alignment
Corps who commanded infantry and weapons
from reality.
platoons, a rifle company and guard forces and
We are in a rifleman’s war. We need to realize other companies of up to 600 Marines. He retired
this and train for it. If nothing I have written has as an independent business man in 2001and
struck a chord with you, do some research and fought his way back into the service after 9/11.
study the battles of Majuba Hill and Laing‘s Nek. Since then he has served as an ETT in Afghanistan
Riflemen did all of that. in the Eastern Operating Zone at company
through brigade levels. At the California PTAE he
Once again -- no one anticipated a counterin-
has trained hundreds of Soldiers in rifle and pistol
surgency campaign against mountain and desert
marksmanship as well as machinegun gunnery. A
tribesmen in the Hindu Kush Mountains and
Distinguished Pistol Shot, he has “leg points” to-
deserts of Afghanistan.
ward distinguished with the rifle and is a qualified
But that is what we have got whether we like it sniper. He is the 2010 All Army Combat
or not. Trying to make the enemy fight our style of Marksmanship Open Champion.
war hasn‘t worked in nearly 9 years. He isn‘t likely
The philosopher Cicero once wrote: Silent enum With a new capability for waging war comes the
leges inter arma -- or laws are inoperative in war.39 requirement of determining in what capacity that
Despite the temptation in the age of technology to capability should be utilized within the confines of
utilize new combative innovations to their full and a modern limited war. It is with this in mind that
most exact advantage, we must not fall prey to the the United States tactic of targeted killing utilizing
falsehood presented by our Roman ancestor.40 unmanned aerial vehicles (termed drones) must be
evaluated. While the Obama administration insists
that they have been following all laws of war in the
execution of their strikes, not all of the interna-
39 Cicero pleaded, ‗...silent enim leges inter arma‘ (Laws are tional community agrees.41
silent among those who use weapons). Cicero, Pro Milone, 4, 11
http://www.thelatinlibrary.com/cicero/milo.shtml.
40 This has been evidenced throughout history. For example,
the musket with its previously unmatched range and accuracy 41
―This Administration has carefully reviewed the rules govern-
was effectively limited to conventional projectiles, as customary ing targeting operations to ensure that these operations are
and codified law prevented the use of more hazardous muni- conducted consistently with law of war principles‖. See Harold
tions. See Declaration Renouncing the Use, in Time of War, of Hongju Koh, Legal Advisor, U.S. Department of State, Address
Explosive Projectiles Under 400 Grammes Weight, Saint Pe- at the Annual Meeting of the American Society of International
tersburg, 29 November / 11 December 1868, available at Law, (Mar. 25, 2010). Conversely, the UN Special Rapporteur
http://www.icrc.org/IHL.NSF/INTRO/130?OpenDocument. on Extrajudicial, Summary or Arbitrary Executions thought the
smallwarsjournal.com 15
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
Utilizing the most fundamental principles of the ciples that we will later discuss, his thoughts on
law of war – Just War Theory (JWT) – this paper sovereign authority were quite formative in the
aims to frame the discussion surrounding targeted creation of jus ad bellum, which is a commonly
killing. Much of the international law applicable to used in determining when to use force.43 St. Tho-
drone attacks are derived from JWT, but current mas Aquinas was the first philosopher to make any
interpretations of that law are often quite diverse, tactile contribution to the jus in bello components
from the hawkish to the overtly pacifistic. Some of JWT.44 He produced a largely jus ad bellum-
insist that the standing law indicates that drone centric codification of canon law in the mid-twelfth
strikes should be nearly unlimited; others argue century that established three principles of a just
that the practice should be conducted on a signifi- war: (1) sovereign authority, (2) just cause, and (3)
cantly limited basis. This paper will utilize thought right intention.45 It was from the third principle of
from contemporary JWT scholars and the underly- right intention that jus in bello principles were de-
ing purpose of limited war in an attempt to find a rived from by later philosophers.46
common ground in statutory interpretation.
Following in the natural law tradition, Aquinas
While JWT offers guidance on both when to use defined just intention as ―one must intend to pro-
force and how to use force, this paper will focus on mote the good and avoid evil.‖47 During the Re-
the latter, commonly recognized as the jus in bello formation, Fancisco de Victoria, along with Fran-
principles of distinction and proportionality used cisco Suarez and Hugo Grotius, elaborated on
to conduct a limited war. Part I of the paper will Aquinas‘s meaning of just intention to create a
provide a synopsis of JWT jus in bello development clearer standard for jus in bello, and also added a
and principles, and how it has been adopted into new JWT innovation.48 To these philosophers,
both customary international law and international promoting good and avoiding evil required a cer-
treaties. Part II of this paper will first apply JWT tain amount of regulation regarding how war was
derived standing law to a standard example of conducted, which lead to the formulation of the
drone targeted killings. Subsequently, JWT prin- principles of proportionality and distinction. 49 Vic-
ciple and law will be applied to two different case toria‘s innovation contribution came in the stipula-
studies in which the utilization of drones threatens tion that both opposing forces must adhere to jus
to breach the boundaries of JWT, while providing in bello principles, due to the risk that assumed
guidance as to where hard lines on the jus in bello just cause might empower a combatant nation to
application of drones should be drawn. The case disregard any regulation over the conduct of their
studies serve one purpose – to create a fertile envi- campaign.50
ronment for different interpretations of jus in bello
principles (codified into law) to be discussed. A. The Meaning and Development of Pro-
These interpretations, as mentioned earlier, are portionality and Distinction
often disparate; in such cases, the original purpos- The principle of distinction began to normalize
es of JWT, and contemporary scholarship on the around three hundred years after St. Thomas
subject will hopefully help highlight the proper Aquinas added the ―just intent‖ criterion to St. Au-
opinion. gustine‘s original requirements.51 Victoria genera-
lized that ―innocents‖ shouldn‘t be killed, and Gro-
Part I: Just War Theory: Historical Back-
tius elaborated one hundred years later that wom-
ground and Contemporary Implementation
The germinal theologist in JWT is commonly
thought to be St. Augustine, a Christian bishop
who lived around 400 A.D.42 While he contributed 43 William E. Murnion, A Postmodern View of Just War, in
nothing to the formation of the jus in bello prin- INTERVENTION, TERRORISM, AND TORTURE – CONTEM-
PORARY CHALLENGES TO JUST WAR THEORY 24 (Steven P.
Lee ed., Springer) (2007).
44 Raines, supra note 4, at 222.
45 Id.
Obama administration‘s justification of targeted killing
amounted to little more than ―You‘ve got to trust us. I‘ve looked 46 Id. at 223.
at this very carefully. I‘m very sensitive to these issues. And all 47 Id. at 222.
is well.‖ Interview by Amy Goodwin with Philip Alston, UN 48Murnion, supra note 5, at 24.
Special Rapporteur on Extrajudicial, Summary or Arbitrary 49Raines, supra note 4, at 223.
Executions, on Democracy Now! The War and Peace Report
(Apr. 1, 2010). 50 Murnion, supra note 5, at 27.
42 Joshua Raines, Comment, Osama, Augustine, and Assassina- 51 Daphne Richemond, Symposium on Reexamining the Law of
tion: The Just War Doctrine and Targeted Killings, 12 Transnat‘l War: Transnational Terrorist Organizations and the Use of
L. & Contemp. Probs. 217, 221 (2002). Force, 56 Cath. U.L. Rev 1001, 1018 (2007).
16 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
en and children should be spared.52 The first dis- bello principle of distinction and proportionality
tinction between a man carrying a weapon and an were included in 1977 in Additional Protocol I. 62
unarmed one was made by Jean-Jacques Rous-
Contemporary JWT scholars have continued
seau.53 He held that soldiers are state actors, and
the theoretical pursuits of the early Christian phi-
upon surrender of arms revert to becoming ―mere
losophers, often on consistent vectors.63 Michael
men‖, and immune from harm.54
Walzer, in his seminal work Just and Unjust Wars,
Proportionality, too, was derived from Aqui- defends the principle of distinction in modern war-
nas‘s principle of just intent.55 Aquinas developed fare.64 His argument rests on the premise that
a theory of proportionality in the context of self- immunity from attack is an extension of the prin-
defense; in order for the use of force to be just, it ciple of military necessity; it is unjustifiable to at-
must not be excessive.56 Grotius elaborated on tack civilians because no legitimate military advan-
Aquinas by turning this into a general principle of tage can be gained by doing so.65 By becoming a
law.57 member of the military, the former civilians gain
the dubious distinction of being a valid military
Ironically, the first true codification of the jus in
target and lose their noncombatant immunity.66
bello principles did not come in the form of a treaty
Walzer also notes that proportionality is a largely
between the great powers of western Europe,
utilitarian calculation; the attacking force must
where the underpinnings of JWT were developed,
attempt to balance the benefit accrued from de-
but rather were drafted and implemented by a
stroying the valid target due to military necessity
German immigrant named Francis Lieber at the
against the harm to individual civilians and the
request of a Union Army general during the Ameri-
permanent interests of mankind.67
can Civil War.58 True to the roots of St. Thomas
Aquinas‘s just intention criterion, Lieber empha- B. Modern Statutory Implementation of
sized the protection of the unarmed citizen who ―is Distinction and Proportionality
to be spared in person, property, and honor as
much as the exigencies of the war will admit‖, in Protocols I and II of the 1949 Geneva Conven-
other words to promote the wellness of noncomba- tion addressed several oversights in the original
tants, and to avoid the evil of the innocent loss of conference, namely the lack of codified jus in bello
life.59 The proportionality principle was also ad- principles, such as distinction and proportionali-
dressed, although slightly more obliquely, as it was ty.68 In reference to distinction, the statutory lan-
referred to in the capacity of banning cruelty and guage can generally be divided into two categories
certain weapons.60 The document, known as the based on purpose: (1) language defining legitimate
Lieber Code, was surprisingly influential, heavily military targets (objects) or (2) language defining
impacting the St. Petersburg Declaration in 1868, the distinction between combatants and noncom-
and the Brussels Declaration on chemical warfare batants (people).
shortly thereafter.61 While not addressed at the According to Article 52(2) of Protocol I, a valid
original Geneva Conventions of 1949, the jus in military target is subject to a two-part test. First,
the object must make an ―effective contribution‖ to
52 Id.
53 Id.
62 See Protocol Additional to the Geneva Conventions of August
54 International Committee Of The Red Cross, What Are The 12, 1949, and Relating to the Protection of Victims of Interna-
Essential Rules Of International Humanitarian Law? (2002), tional Armed Conflicts (Protocol I) of 8 June 1977, 1125
http://www.icrc.org/Web/Eng/siteeng0.nsf/html/5KZFJU. U.N.T.S. 3 (1979), [hereinafter Protocol I].
55 Engle, Eric Allen, The History of the General Principle of 63 Walzer‘s theory mirrors Victoria‘s that when a civilian takes
Proportionality: An Overview, Williamette J. Int'l L. & Dis. up arms (or in Walzer‘s case becomes a member of the military),
Res. (forthcoming) (manuscript at 5, available at the individual loses their immunity. See Richemond, supra
http://ssrn.com/abstract=1431179). note 14, at 1039.
56 Id. 64 MICHAEL WALZER, JUST AND UNJUST WARS, A MORAL
57 Id. ARGUMENT WITH HISTORICAL ILLUSTRATIONS 146 (Basic
58 Richemond, supra note 13, at 1018. Books 2006)(1977).
59 Id. at 1019. Compare with ―one must intend to promote the 65 Id.
good and avoid evil.‖ Raines, supra note 4, at 222. 66 Id. at 145.
60 Instructions for the Government of Armies of the United 67 Id. at 129.
States in the Field, Apr. 24, 1863, Section 1(16), available at 68 Jefferson D. Reynolds, Collateral Damage on the 21st Century
http://www.icrc.org/ihl.nsf/FULL/1107OpenDocument [herei- Battlefield: Enemy Exploitation of the Law of Armed Conflict,
nafter Lieber Code]. and the Struggle for a Moral High Ground, 56 A.F. L. Rev. 1, 23
61 Richemond, supra note 13, at 1021. (2005).
smallwarsjournal.com 17
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
enemy military action, meaning that the target the civilian loses this protection ―unless and for
must by its location, nature, purpose or use benefit such time as they take a direct part in hostilities.‖ 76
the enemy. Second, the object must by its destruc-
In addition to addressing the lacking principle
tion, capture or neutralization, offer a definite mili-
of distinction, Additional Protocol I also codified
tary advantage to the targeting force.69 By negative
the jus in bello tenant of proportionality. Propor-
inference, all other targets are civilian objectives
tionality is often seen as complementing the prin-
and therefore have a protected status.70 Civilian
ciple of distinction, and deals largely with the pre-
objectives (and their resultant immunity) cannot
vention of unreasonable amounts of civilian
be used as a shield for the enemy military, and in
deaths. Article 51(5)(b) augments the prohibition
places of worship, homes, or schools there is a pre-
on indiscriminate attacks:
sumption against the fact that it is making an effec-
tive contribution to the enemy military.71 Also co- The following types of attacks are to be
dified in the Geneva Convention is a prohibition considered as indiscriminate: …(b) an at-
against indiscriminate attacks.72 This provision tack which may be expected to cause inci-
bans attacks that are ―of a nature to strike military dental loss of civilian life, injury to civi-
objectives and civilians or civilian objects without lians, damage to civilian objects, or a com-
distinction‖ (emphasis added), which typically re- bination thereof, which would be excessive
sults from either a lack of proper targeting or the in relation to the concrete and direct mili-
inability to accurately guide an attack to the de- tary advantage anticipated.77
sired target.73
While proportionality is also mentioned as a
Out of the same vein, there are similar distinc- principle in Article 57(b), Article 51(5)(b) implies
tions when targeting individuals vice ―objects‖. A that any attack that causes civilian damage in
civilian is any person not categorized as a comba- excess to the military advantage anticipated auto-
tant in the Third Geneva Convention Article 4: matically becomes an indiscriminate and therefore
prohibited attack.
(1) [a m]ember of the regular armed forces of a bel-
ligerent party; C. Proportionality and Distinction in Cus-
(2) [a m]ember of militia and volunteer corps ful- tomary International Law
filling the following conditions:
(a) to be commanded by a person responsible While Additional Protocol I of the Geneva Con-
for his subordinates; vention has codified the principles of distinction
(b) to have a fixed distinctive emblem recogniz- and proportionality, several notable countries (in-
able at a distance; cluding the United States, Israel, Iran, Pakistan,
(c) to carry arms openly; Turkey, and Iraq) have not ratified the addition. 78
(d) to conduct operations in accordance with The influential International Committee of the Red
the laws and customs of war; and Cross (ICRC), however, published a review in 2005
(e) to be linked to a party to the conflict; that designated the previously highlighted rules of
(3) [an inhabitant] of a non-occupied territory Additional Protocol I regarding distinction and
who, on approach of the enemy, spontaneously proportionality as customary international law,
takes up arms to resist invading troops... .74 arguably making it binding on non-ratifying
states.79 It did so based on two main criteria: (1)
The civilian, in contrast to the combatant, en- state practice, and (2) belief that such practice is
joys significant protections, such as not being sub- required.80 In effect, this means that the ICRC re-
ject to the use of force or reprisal.75 Importantly,
18 smallwarsjournal.com
SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
83http://www.google.com/hostednews/afp/slideshow/ALeqM5
gNLgP0dthWK0HwREeqdG3Kd3dX_Q?index=1&ned=us
84 A French publication stated that the attacks killed 7 insur-
gents, but were unable to verify if any of them were high level
81 Certainly, the practice of
Taliban fighters. A Pakistani publication stated that the fighters
targeted killing via cruise missile were linked to Hafiz Gul Bahadur, a leader of resistance against
had been employed for decades prior to the ICRC study. There coalition forces. Chick, supra note 43.
have also been drone strikes at least since 2002. See Phillip 85 Id.
Smucker, The Intrigue Behind the Drone Strike, The Christian 86 Geneva Convention III, supra note 35.
Science Monitor, (2002),
http://www.csmonitor.com/2002/1112/p01s02-wome.html. 87 Id.
82 Kristen Chick, US Drone Strikes Kill Seven in Pakistan Tali- 88 [an inhabitant] of a non-occupied territory who, on approach
ban Stronghold, The Christian Science Monitor, March 17, of the enemy, spontaneously takes up arms to resist invading
2010, http://www.csmonitor.com/World/terrorism- troops without having had time to form themselves into regular
security/2010/0317/US-drone-strikes-kill-seven-in-Pakistan- armed units, provided they carry arms openly and respect the
Taliban-stronghold laws and customs of war. Id.
smallwarsjournal.com 19
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
tional scholars agree that insurgents do not qualify is quite tangible – if the Pakistani news publication
as combatants.89 is to be trusted, a high level leader of anti-coalition
forces now has less human capital at his disposal. 96
While civilians are not lawful targets under the
This advantage, weighed against the loss of one
Geneva Convention, the ―insurgents‖ targeted on
house and two vehicles, yields a situation where
March 17 are unlikely to enjoy civilian immunity. 90
the incidental damage is not excessive in relation
Civilians lose their protected status ―for such time
to the military advantage gained. Certainly, the
as they take a direct part in hostilities.‖91 While we
situation would be more complex if the civilian ob-
know little about the actual nature of the activities
jects destroyed were more meaningful, such as a
that the targeted individuals participated in, for the
mosque or a school, which have their own pro-
purposes of this discussion it is not unreasonable
tected status that would need to be considered. 97
to assume (based on the consensus reporting by
multiple news agencies) that the insurgents had B. Drone Strike II: A More Nuanced Expla-
recently participated in the execution of a hostile nation of Distinction
act and were armed. This fits ―a direct part in hos-
tilities‖ neatly. It is from this exception that the During the week of December 11th, 2009, an al-
phrase ―unlawful combatant‖ is derived, for the leged U.S. drone struck in Pakistan, reportedly kill-
civilian, one who typically enjoys a protected sta- ing Saleh al-Somali.98 According to U.S. officials,
tus, is operating as a combatant.92 As such, in this al-Somali was an active operations planner for Al-
particular situation the JWT principle of distinc- Qaeda who was in charge of all operations outside
tion, as expressed in Additional Protocol I, is satis- of the Afghanistan/Pakistan region, and was likely
fied. in charge of operations against Europe and the
United States.99 As an operative, al-Somali took
2. Proportionality: Collateral Damage guidance from senior leadership and "translated it
Weighed into operational blueprints for prospective terrorist
attacks."100 He rose through the ranks of the Al-
According to the Christian Science Monitor, the
Qaeda propaganda division, but there is no indica-
collateral damage resulting from the two strikes on
tion that he physically led any attacks against coali-
March 17th was small – only one hose and two ve-
tion forces. In the multiple media outlets that re-
hicles were destroyed.93 Per Article 51(5)(b) of
ported the attack, there was no mention of civilian
Additional Protocol I, there must be a balancing
casualties.101
determination made for a military strike to be pro-
portionate.94 In this case, the damage to civilian
objects must be made against the ―concrete and
direct military advantage anticipated‖ from killing
the insurgents.
The legal community generally agrees that this
decision is made on a case-by-case basis, using the
standard of a reasonable military commander.95 96 US Drone Strikes Kill Militants in North Warziristan, Dawn
The specifics of this particular example make it Media Group, March 17, 2010,
http://www.dawn.com/wps/wcm/connect/dawn-content-
highly likely that the criterion of proportionality library/dawn/news/pakistan/provinces/19-us-drone-strike-
was satisfied. The military advantage anticipated near-miranshah-kills-hh-02
97 Protocol I, supra note 24 art. 52(3).
98 Luis Martinez & Martha Raddatz, Al Qaeda Operations
Planner Saleh Al-Somali Believed Dead in Drone Strike, ABC
89 W. Jason Fisher, Targeted Killing, Norms, and International News, December 11, 2009,
Law, 45 Colum. J. Transnat‘l L. 711, 723 (2007). http://abcnews.go.com/International/Terrorism/al-qaeda-
90 Protocol I, supra note 24 art. 51(2),(6). operations-planner-saleh-al-somali-
91 Protocol I, supra note 24 art. 51(3).
believed/story?id=9314585.
99 Id.
92 Knut Dörmann, International Committee Of The Red Cross,
100 Id.
The Legal Situation Of “Unlawful/Unprivileged Combatants” 2 101 Both the New York Times and The Washington Post agree
(2003). Found at
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList553/88140 with the lack of civilian casualties. See Mark Mazzetti & Squad
B29D25A47EFC1256D0B0046F105 Mekhennet, Qaeda Planner in Pakistan Killed by Drone, N.Y.
93 Chick, Drone Strikes, supra note 44. Times, December 11, 2009,
94 Protocol I, supra note 24 art. 51(5)(b).
http://www.nytimes.com/2009/12/12/world/asia/12drone.htm
l; see also Joby Warrick and Keren DeYoung, Top al Qaeda
95 Orna Ben-Naftali & Keren R. Michaeli, "We Must Not Make a Planner Apparently Killed in Pakistan, Wash. Post, December
Scarecrow of the Law': A Legal Analysis of the Israeli Policy of 12, 2009, http://www.washingtonpost.com/wp-
Targeted Killings, 36 Cornell Int'l L.J. 233, 280 (2003). dyn/content/article/2009/12/11/AR2009121104037.html.
20 smallwarsjournal.com
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1. Distinction: Planning as a “Direct Par- the military operation or military capacity‖ of the
ticipation in Hostilities”, and Temporal opposing force.107 This translates into a contextual
Problems determination of ―but for‖ causation, and ―causal
proximity‖ of the act to the foreseeable conse-
Non-combatants have immunity from attack
quences.108 While a coordinated insurgency would
―unless and for such time as they take a direct part
likely not be effective without planning (satisfying
in hostilities.‖102 The legality of the strike will turn
―but for‖ causation), planning may not have the
on the interpretation of this provision, in two ways.
causal proximity required. The phrase ―direct par-
First, the determination must be made regarding
ticipation‖ certainly implies that indirect participa-
the action of planning; is planning (a non-violent
tion (typically indicated by a lack of causal proxim-
activity) included in ―a direct part in hostilities‖?
ity) would not yield a loss of immunity.109 Typical
Second, assuming that planning is included, if al-
examples in indirect participation are acts such as
Somali was not planning at the moment he was
providing food for the military, distributing propa-
targeted had his status reverted back to civilian
ganda, or designing weapons.110 The ICRC states,
immunity because of the ―for such a time‖ clause?
however, that the ―identification and marking of
The leading international scholar advocating a targets, the analysis and transmission of tactical
narrow interpretation of a ―direct part in hostili- intelligence to attacking forces, and the instruction
ties‖ is Professor Antonio Cassese who argues that and assistance given to troops for the execution of
there is only one situation in which a civilian may a specific military operation‖ satisfy the causal cri-
be justly attacked: he or she must be openly carry- terion111. Certainly, the act of planning an attack is
ing a weapon or bomb. 103 If a person does not re- more analogous to the latter than providing food or
spond to summons made to ascertain whether they designing weapons. As such, it is very likely that
have explosives on their person, they may also be under the ICRC commentary, civilians that plan
targeted.104 The justification for such a standard is hostilities lose their immunity from targeting.
to prevent abuse and honest mistake in the target-
The ICRC also weighed in on the temporal is-
ing process. Allowing a government to make a de-
sues found in the language ―for such a time.‖112
termination about a civilian and kill them without
Civilians ―lose protection against direct attack for
any manifest evidence of hostilities (exemplified by
the duration of each specific act.‖113 ―Duration‖
a weapon) creates a ―slippery slope‖ that is vulner-
encompasses all aspects of the hostile act, from the
able to abuse.105 Also, attacking an individual in
preparation of the act to the return from executing
civilian clothes (carrying no weapon) is likely to
the act.114 Under this guidance, while planning
result in a high amount of honest mistakes, poten-
may very well classify al-Sadir as participating di-
tially making the practice of targeted killing indi-
rectly in hostilities, the fact that he was likely un-
scriminate. Al-Sadir, presumably unarmed, would
engaged in planning at the time of the attack
be exempt from targeting under this narrow inter-
makes his targeting illegal.
pretation of ―direct part of hostilities‖. Further-
more, even if planning could be included in the Conversely, there are those that argue for a
interpretation, al-Sadir would regain his immunity broader interpretation of both the definition of ―a
when he ceased the activity.106 direct part in hostilities‖ and the temporal lan-
guage found in Additional Protocol I. This cohort
In general, the ICRC commentary on Additional
of scholars is perhaps best represented by Profes-
Protocol I agrees with a relatively narrow interpre-
sor Michael Schmitt, who argues that the interpre-
tation of the ―for such time as they take a direct
tation of Additional Protocol I language should be
part in hostilities‖, but not to the extent that Pro-
done with the underlying mission of the law in
fessor Cassese advocates. While not limited to car-
rying weapons, the ICRC argues that for an action
to be hostile, the action itself must ―adversely affect
107 International Committee Of The Red Cross, Interpretive
Guidance On The Notion Of Direct Participation In Hostilities
102 Protocol I, supra note 24 art. 51(3).
Under International Humanitarian Law 48 (2009)[hereinafter
Direct Participation in Hostilities].
103 Vincent-Joel Proulx, If the Hat Fits, Wear It, If the Turban 108 Id. at 59.
Fits, Run for your Life: Reflections on the Indefinite Detention 109 Id. at 54.
and Targeted Killing of Suspected Terrorists, 56 Hastings L.J. 110 Id.
801, 885 (2005).
104 Fisher, supra note 50, at 724. 111 Id, 56.
106 This is analogous to the situation in which the insurgent lays 113 Id.
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VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
mind – to protect civilians.115 His counter-intuitive capability to fight, whether that means planning or
argument focuses on the practical elements of war- supplying weapons, are subject to attack. In refer-
fare, and the ramifications of drawing too narrow ence to the ―revolving door‖ phenomenon that oc-
of a line when interpreting who civilians are.116 For curs under the narrow ICRC interpretation, the
example, with respect to qualifying what ―hostili- JWT focus on the purpose of limited war allows for
ties‖ are, he states that: a broader interpretation. Those that conduct ―war-
like activities‖ are always subject to attack because
Suggesting that civilians retain their im-
of their military necessity; doing so will end the
munity even when they are intricately in-
war more quickly with the least expenditure of
volved in a conflict is to engender disres-
―time, life and money‖.124
pect for the law by [legal] combatants en-
dangered by their activities117 In summary, both the definition of ―a direct
part in hostilities‖ and the temporal language ―for
This would, in effect, result in more civi-
such a duration‖ can be interpreted in several dif-
lians being subject to attack due to the resentful
ferent ways. Those that argue for a narrow inter-
nature of the legal combatants. Furthermore, he
pretation do so in the belief that it will protect civi-
views a narrow interpretation of hostilities as an
lians in the most effective way. Those that interp-
incentive for civilians to become involved with the
ret it broadly tend to believe the opposite - that a
conflict, knowing that they can plan, provide wea-
narrow interpretation will counter-intuitively lead
pons, or logistical support with impunity. 118 This
to more civilian casualties. Finally, just war theor-
school of thought also applies to the temporal
ists tend to look at it from the perspective of ending
question; by allowing civilians to self-select in and
the war in the quickest manner possible, which can
out of combatant status a ―revolving door‖ of pro-
include targeting civilians that have set themselves
tected/unprotected status is created.119 To Schmitt,
apart from other civilians by contributing to the
this can do nothing more than engender disrespect
military capacity to fight. The JWT interpretation
for the law by the legal combatants who are always
is most analogous to the broad interpretation by
subject to attack, and provide an incentive for civi-
Schmitt. Certainly, one of the underlying purposes
lians to become involved in the fight.120 Therefore,
of limited war is a pragmatic one – to end war
narrow interpretations of Additional Protocol I
quickly. To do so requires that militaries be able to
undermine the purpose of the law by subjecting
act in their regulated (subject to JWT principles)
more civilians to attack, degrading their protected
self-defense. In that respect, a narrow interpreta-
status.121 Under Schmitt‘s guidance, al-Sadir, in his
tion will likely yield a longer conflict with more
role as a planner, would be subject to attack after
eventual casualties.
(or before) the action of planning had taken place.
Just war theorists have tended to agree with a C. Drone Strike III: Proportionality as a
broader interpretation of the language ―unless and Matter of Metrics
for such time as they take a direct part in hostili- In August of 2009, the U.S. launched a drone
ties.‖122 According to Walzer, when classifying citi- attack on a home that Baitullah Mehsud was re-
zens as targets, ―the relevant distinction is… be- portedly staying in with his second wife.125 A Pa-
tween those who make what soldiers need to fight kistani intelligence officer confirmed that Meh-
and those who make what they need to live, like the sud‘s torso had been severely damaged, and shortly
rest of us.‖123 Applying that to al-Qaeda, those civi- thereafter President Obama confirmed that the
lians that provide food or clothing are immune U.S. ―took out Mehsud‖.126 The attack killed Meh-
from targeting. Those civilians that support the sud, his wife, seven bodyguards, his parents-in-
law, and one other officer, totaling 12 individu-
115 Michael Schmitt, "Direct Participation in Hostilities" and
21st Century Armed Conflict, in Crisis Management and Huma-
nitarian Protection: Festschrift fur Dieter Fleck (Berlin: BWV, 124 M. GREENSPAN, THE MODERN LAW OF LAND WAR-
Horst Fischer et al eds., 2004), at 509.
116 Id.
FARE 313-14 (Berkely, 1959).
125 Apparently, Mehsud had been unable to father a boy with his
117 Id.
previous wife. Christina Lamb, High-Profile Victories in the
118 Id. Battle Against Terror, Times Online, August 9, 2009,
119 Id. 510. http://www.timesonline.co.uk/tol/news/world/middle_east/ar
120 Id. at 510. ticle6788700.ece
126 Obama: ―We Took Out‖ Pakistani Taliban Chief, Reuters
121 Id.
122 Fisher, supra note 50, at 744.
India,August 21, 2009,
http://in.reuters.com/article/southAsiaNews/idINIndia-
123 Walzer, supra note 26, 146. 41873120090820.
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
als.127 According to The New Yorker, the U.S. at- According to Additional Protocol I, the prin-
tempted to kill Mehsud on 16 different occasions ciple of proportionality prohibits an attack which
with drone strikes.128 On March 17th, 2009, David may be expected to cause incidental loss of civilian
Kilcullen, the individual largely responsible for the life, injury to civilians, damage to civilian objects,
U.S. implementation of counter-insurgency doc- or a combination thereof, which would be excessive
trine (COIN) wrote in The New York Times that in relation to the concrete and direct military ad-
the U.S. was killing approximately 50 unintended vantage anticipated.135
targets for each intended target.129
Any attack that does not fit these criteria is
There are three main hostile incidents that have deemed to be indiscriminate, and banned from
been attributed to Mehsud. First, he was the pri- being executed. The ICRC‘s commentary on the
mary suspect in the September 2007 bombings in principle of proportionality states that ―the factors
Rawaplindi which killed 25.130 Second, he has been for assessing proportionality, in particular the no-
blamed for the planning and coordination of the tion of military advantage and that of collateral
assassination of Benazir Bhutto, the former Pakis- damage, are to be considered only in the short
tani prime minister who was again running for the term.‖136 The purpose of this limited temporal in-
position.131 Third, he claimed credit for planning terpretation is to equal the competing forces; with-
the March 2009 attack on a police academy in La- out this interpretation civilian life would be meas-
hore, Pakistan.132 Perhaps the most important ured against the long-term war effort of a nation as
―achievement‖ of Baitullah Mehsud lay in his coor- opposed to the immediate military impact. The
dination of an estimated 80 percent of the suicide ICRC commentary will be the construct that this
bombings in Afghanistan, which have killed count- drone attack will initially be evaluated within. The
less numbers of civilians and combatants.133 Last- second construct will be from the JWT perspective.
ly, at the time of his death he was in charge of an Using the known facts surrounding Mehsud as a
estimated 12,000 local fighters and close to 4,000 leader and the amount of civilians killed, a reason-
foreign fighters.134 ably accurate determination regarding the attack‘s
proportionality can be made under the two differ-
ent interpretations.
1. Proportionality in Isolation
127 Jane Mayer, The Predator War, What are the Risks of the In accordance with the ICRC guidance, the con-
C.I.A’s Covert Drone Program?, The New Yorker, Oct. 26, crete and definite military advantage from killing
2009,
http://www.newyorker.com/reporting/2009/10/26/091026fa_ Mehsud is likely to be two-parted.137 First, after
fact_mayer the drone strike, there is simply one less individual
128 Id. fighting against the Pakistani government and coa-
129 David Kilcullen & Andrew Exum, Death From Above, Out- lition forces.138 Second, there is the recognition
rage Down Below, N.Y. Times, Mar. 17, 2009. For an interest- that Mehsud was no ordinary insurgent. While it is
ing article on Kilcullen‘s contribution to COIN, see George publically unknown what Mehsud had been plan-
Packer, Knowing the Enemy, Can Social Scientists Redefine the
“War on Terror”, The New Yorker, December 18, 2006, ning before he was killed, it is likely that the hostile
http://www.newyorker.com/archive/2006/12/18/061218fa_fac attack – some of which had been spectacular suc-
t2. cesses - has been delayed, impeded, or thwarted.
130 Noah Shachtman, Eight Dead in Latest Killer Drone Strike,
Wired Danger Room, March 2, 2009, On the other side of the pendulum is that fact
http://www.wired.com/dangerroom/2009/03/new-drone- that 11 individuals were killed in this strike, in ad-
strik/ dition to Mehsud. While it is likely that some frac-
131 Carlotta Gall, Pakistan Asserts Link to Al Qaeda in Bhutto
tion of the 11 had lost their civilian immunity due
Death, N.Y. Times, December 29, 2007,
http://www.nytimes.com/2007/12/29/world/asia/29pakistan.
html?_r=1&bl&ex=1198990800&en=58edfbbbcd63636f&ei=50
87%0A.
132 Alamgir Bhittani, Baitullah Claims Responsibility for Ma- 135 Protocol I, supra note 24 art. 51(5)(b).
nawan Attack, Dawn Media Group, March 31, 2009, 136 Enzo Cannizzaro, International Committee Of The Red
http://www.dawn.com/wps/wcm/connect/dawn-content- Cross, Contextualizing Proportionality: Jus Ad Bellum And Jus
library/dawn/news/pakistan/attack-on-police-academy-leaves- In Bello In The Lebanese War, 787 (2006).
8-dead--150-injured--il 137 The ICRC insists on only a limited view, as opposed to the
133 Imtiaz Ali, Commander of the Faithful, Foreign Policy, July analysis of long term strategic military gains and long term
9, 2009, collateral damage. Id.
http://www.foreignpolicy.com/articles/2009/07/09/pakistans 138 As will be elaborated on, there were likely other civilians
_bin_laden?page=full who had lost their protected status among the dead, but it is
134 Id. impossible to know definitively.
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VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
to their actions, it is equally likely that innocent another leader will have as much success planning
civilians were also in their ranks (such as Mesud‘s suicide bombings or high profile attacks in both
second wife). While the death of civilians (in this Pakistan and Afghanistan without such a network
case under 11) is a high price to pay to kill one man, of connections. The significance of successfully
Mehsud, as previously mentioned, had certain cha- striking a high value target is important to the war
racteristics that make killing him far more signifi- effort in other ways as well; if one of the most im-
cant. Looking at the attack from the limited view- portant, and presumably well protected of the in-
point the ICRC advocates, there is little doubt that surgents can be killed, it is a clear message that
the strike was proportionate. others can and will be targeted as well. The result-
ing effect is two fold: first, it makes operations of
2. JWT Cumulative Proportion – A Sliding hostilities more difficult for insurgents when they
Scale? cannot be seen in the open or communicate effec-
In contrast to the ICRC, JWT generally advo- tively. Second, it incentivizes the local populace to
cates a much broader interpretation of proportio- stay away from the insurgents, as the insurgent‘s
nality.139 According to Walzer, when balancing cause is more likely to be seen as a losing one, and
military gain and civilian harm, ―we are to weigh… because there is the constant threat of attack from
not only the immediate harm to individuals but coalition forces.
also any injury to the permanent interests of man- The competing force of civilian casualties is
kind, against the contribution that mischief makes likewise quite different under a JWT interpretation
to the end of victory.‖140 This means that when of proportionality. Instead of looking singularly at
weighing military advantage, the evaluation is done the impact of the event itself, a wider perspective is
from wider lens. When weighing casualties in an required to accurately determine whether the
attack, it is also done from a more holistic perspec- strike was proportional. It must be remembered
tive. that this very same action had occurred 15 times
Under JWT, the impact of killing Mehsud is previously, never with the successful death of Meh-
much more significant, as it takes into account sud.142 Using metrics provided by David Kilcullen
both primary and secondary military effects. Meh- and Andrew Exum, it is quite possible that up-
sud was commonly thought to be an effective envoy wards of 700 unintended individuals had been
between the different factions of al-Qaeda and the killed while pursuing Mehsud.143 Of those, approx-
Taliban throughout Pakistan and Afghanistan. imately 66 percent are likely to be civilians that
have lost their immunity.144 Therefore, it is likely
He has taken an oath of allegiance to Afg- that over 200 innocents died in order for the U.S.
han Taliban leader Mullah Mohammed to kill Mehsud.145 Indeed, under a wide lens, with
Omar. He is close to al Qaeda's top leader- each passing strike where civilians were killed (and
ship in the Af-Pak border region and to Mehsud lived), the individual targeting of Mehsud
Qari Tahir Yaldashev, leader of the Islamic became increasing disproportionate, and therefore
Movement of Uzbekistan. He is also well- closer to being indiscriminate.
connected to the Punjabi militant groups
that have long been operating in Indian- Under JWT, the result is a much heavier weight
occupied Kashmir. And he maintains cor- on the side military advantage, but also an in-
dial ties with the Haqqani network, widely creased weight on the side of civilian harm. It is
considered by Western officials to be one ambiguous which side of the pendulum is heavier,
of the most dangerous groups of veteran but recent history would tend to say that the attack
jihadists in the region and the bridge be- was disproportional. A workable analogy would be
tween the Pakistani and Afghan Taliban the Israeli strike in 2002 that targeted the senior
movements.141 Hamas leader Salah Shehada. An F-16 dropped a
external operations coordinator. Replacing him is 143 Kilcullen & Exum, supra note 89. 15 (strikes) * rate of 50
another secondary effect, as it is unlikely that unintended casualties per strike = 750 unintended casualties.
144 Peter Bergen & Katherin Tiedemann, Revenge of the Drone,
New America Foundation, October 19, 2009,
139
http://www.newamerica.net/publications/policy/revenge_of_t
Walzer, supra note 26, 129. he_drones.
140 Id. 145 750 unintended casualities * 34% civilians = 255 unin-
141 Ali, supra note 93. tended civilian deaths.
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
2,000 pound bomb on the apartment building that law, as exemplified by Additional Protocol I of the
he was presumed to be staying in, which also dam- Geneva Conventions. But what is the best way to
aged and killed civilians nearby.146 The civilian interpret these provisions? Does one trust the
death count was significantly lower then the esti- ICRC guidance, or guidance provided by either
mated one computed in the case of Mehsud, but hawkish or pacifistic legal scholars? This paper‘s
the international community, including the United answer was to evaluate which perspective best fit
States, criticized the attack as at the very least be- the construct of JWT. While perhaps not always
ing ―heavy handed‖.147 the perfect answer, it is a useful guide in sorting
through the various interpretations of distinction
The counter-argument, of course, is practical in
and proportionality held in international law.
nature. Repeated attempts to kill Mehsud would
Now, more than ever -- with the Obama adminis-
never have been undertaken if he had not been an
tration‘s use of targeted killing so prevalent - does
extremely high value target. The fact that there
this dialogue about drone attacks need to occur.149
had been failed attempts with civilian casualties
did not make his death any less of a priority to the Lieutenant William O’Hara is a graduate of the
coalition strategy. In this respect, the ICRC inter- United States Naval Academy, and is a juris doc-
pretation makes practical sense. Under JWT, if a tor candidate at the George Washington Universi-
target is particularly evasive, he will eventually ty Law School, where he is the vice-president of
gain immunity when the amount of civilian deaths the Military Law Association. The views expressed
breaches the military value of his death. The li- in this paper are the authors and do not represent
mited view outlook of the ICRC, not taking into the views of the United States Navy or the United
account previous instances of civilian deaths, States Department of Defense.
would allow for continued prosecution.
Despite the practicality of the ICRC interpreta-
tion, it does not interpret the proportionality in a
manner that promotes the principles of limited
war. Under JWT, the purpose of proportionality is
to help conduct a restrained war, one that is not
perpetuated through ―provoking reprisals‖ or
―causing bitterness that will long outlast‖ the con-
flict.148 While the military advantage of killing
Mehsud never changed with the continued at-
tempts, the attacks likely engendered the outrage
of the population, which tends to violate the under-
lying purpose of limited war. Just as the ICRC in-
terpretation makes practical sense (by not provid-
ing a safe harbor after a certain threshold of civi-
lian deaths is reached), the JWT interpretation
does as well – perhaps at some point the military
advantage gained by killing Mehsud was curtailed
due to the bitterness (and resulting reprisals) that
the civilian deaths inspired.
Final Thoughts
The principles of distinction and proportionali-
ty are integral to the premise that wars should be
conducted in a limited fashion. Derived from theo-
logians in the just war and natural law traditions,
these principles have made their way into statutory
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If the early problems of learning design were years and continuous dialogue, discussion and de-
hampered by the lack of any written accounts of bate internal and external to the Army, in July
design methodology, the current problem facing 2008 General James N. Mattis, USMC, who com-
students of design is the proliferation of books, manded the U.S. Joint Forces Command
doctrinal manuals, and journal articles on the (USJFCOM), issued a decree that EBO in and of
subject. While these sources share a common core, itself was dead as a foundational concept for joint
there is significant divergence in terminology, and or service operations. General Mattis stated ―After
varied emphasis on the philosophical versus prac- a thorough evaluation, it is my assessment that the
tical aspects of design. This is actually a very good ideas reflected in EBO, ONA,153 and SoSA154 have
sign that design discourse is alive and well, but it not delivered on their advertised benefits and that
can make entry into the subject more daunting.150 a clear understanding of these concepts has proven
problematic and elusive for US and multinational
The United States Army (and Joint Communi-
personnel… It is my view that EBO has been mi-
ty) has been on a Design path before. In 2002, the
sapplied and overextended to the point that it ac-
United States Air Force began its campaign to ex-
tually hinders rather than helps joint opera-
plain to the broader joint community the power
tions.‖155
and value of the emergent concept of Effects-based
Operations (EBO). In a condition setting white pa- While the joint community started to address
per, it stated upfront that ―…the concept of EBO is the confusion caused by EBO as directed by the
not well understood and requires further elabora- USJFCOM Commander‘s issued guidance; it can be
tion to ensure it is used properly. EBO is not a new argued that unknowingly the Army was simulta-
form of warfighting, nor does it displace any of the neously creating a similar circumstance with its
currently recognized forms of warfare. EBO is a efforts to explore, introduce and formally integrate
way of thinking or a methodology for planning, design and design theory into the Army‘s founda-
executing, and assessing operations designed to tional doctrine. Over the course of the last several
attain specific effects required to achieve desired years, just like EBO, design became a ―tangential‖
national security outcomes.‖151 effort to expand and enhance already known and
prevailing doctrinal concepts like operational art
The joint community embraced what the Air
and operational design, battle command, the oper-
Force was selling and EBO began its proliferation
ations process, planning and military decision
across the services, to include the United States
making. Unfortunately (and unintended), even
Army. ―While EBO is not a joint or Army doctrinal-
with the greatest of noble intentions, once again an
ly approved concept, many commanders have
emergent concept started to gain a foothold in the
found EBO beneficial, and incorporated aspects of
theorist and tactician communities that has poten-
the concept into their decision-making and staff
tially led us back to exactly where we ended up
process. Effects-based operations is both a way of
with EBO; a concept that is misunderstood, misap-
thinking about operations and a set of processes
plied and causing confusion within the formation.
and procedures for planning, executing, and as-
sessing operations.‖152 After a period of several As a learning organization, the Army and more
specifically the leaders responsible for its direction
continually and consistently assess, evaluate and
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
adapt our doctrine to the changing conditions of input from other commanders, and their expe-
our world, current and anticipated. In the early rience and judgment to develop their vision.‖159
1990s the Army introduced Battle Command as a
Subsequently FM 6-0, Mission Command:
combat function in FM 100-5, Operations (June
Command and Control of Army Forces (August
1993). In this early doctrine, Battle Command was
2003) deliberately refined the model to ―visualize,
qualified as the role of the commander to ―visualize
describe, direct, and lead.‖ FM 6-0 (2003) stated
the battlefield, assess the situation, and direct the
that ―Commanders use the activities of visualizing
military action required to achieve victory.‖156 FM
the battlespace, describing their commander‘s vi-
100-5 (1993) also described decision making and
sualization to subordinates, directing actions to
leadership as critical aspects of [battle] command.
achieve results, and leading the command to mis-
sion accomplishment as their decision making me-
thodology throughout the operations process.‖ 160
FM 6-0 (2003) further amplified the description of
visualization and stated that ―Military operations
never take place in a vacuum; they always occur
within a context. Commander‘s visualization be-
gins with an already established situational under-
standing.‖161 [See Figure 4-1, FM 6-0 (2003) -- this
is the same chart as Figure 5-1, FM 3-0 (2001)162]
[For reference in the remainder of this article, it is
worth highlighting several points related to battle
command‘s history; first -- even though both ma-
nuals did not deliberately include understanding as
part of the initial battle command models, both
acknowledged and addressed the foundational
concept of situational understanding in their de-
scriptions and amplification of visualization,
second -- in both manuals, there was acknowled-
In the late 1990s and early 2000s, the Army be-
gement that the anticipated operational environ-
gan a major effort to reorganize its formations and
ments would be more complex than traditional
codify new foundational doctrine sufficient to the
military tactical problem sets and the aspect of vi-
anticipated future operational environments. As
sualization graphically referenced the Elements of
part of this effort, a new Battle Command model
Operational Design (EoD), a traditional joint and
was introduced in FM 3-0, Operations (June 2001)
operational echelon planning construct for use to
that deliberately addressed the components of Bat-
inform the commander‘s visualization and devel-
tle Command as ―visualize, describe and direct.‖157
opment of an operational approach to address the
In the description of visualize, the doctrine stated
defined military problem, third -- even though lead
that ―To visualize the desired outcome, command-
was formally included in FM 6-0‘s (2003) defini-
ers must clearly understand the situation in the
tion of battle command, it was implied graphically
battlespace… This framing of the battlespace takes
in the FM 3-0 (2001) model, and fourth -- both FM
place during mission analysis (see FM 5-0).‖158 Ad-
3-0 (2001) and FM 6-0 (2003) graphically por-
ditionally, FM 3-0 (2001) stated that ―upon receipt
trayed continuous assessment as part of the battle
of a mission, commanders consider their battles-
command models]
pace and conduct a mission analysis that results in
their initial vision, which they continually confirm As we continued to gain operational expe-
or modify. Commanders use the factors of METT- riences resultant from our involvement in forward
TC, elements of operational design, staff estimates, theaters like Afghanistan and Iraq (post-invasion),
it became more and more apparent that command-
ers and staffs at the lower echelons were operating
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VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
in complex, unfamiliar environments and faced design. As defined in Joint Publication 5-0, Joint
with problem definition traditionally belonging at Operation Planning, ―Operational art is the appli-
the strategic and operational echelons. With this cation of creative imagination by commanders and
growing sense that we needed to equip the lower staffs -- supported by their skill, knowledge, and
echelon commanders and staffs with broader experience -- to design strategies, campaigns, and
thinking models, the first formal introduction of major operations and organize and employ military
comprehensive design theory in Army doctrine forces.‖164 Concurrently, ―operational art encom-
occurred in December 2006 with the publication of passes operational design -- the process of develop-
FM 3-24, Counterinsurgency. The field manual ing the intellectual framework that will underpin
devoted an entire chapter to design theory entitled all plans and their subsequent execution. The ele-
Designing Counterinsurgency Campaigns and Op- ments of operational design are tools to help sup-
erations. Per FM 3-24 (2006), Chapter 4 ―… de- ported JFCs and their staffs visualize what the joint
scribes considerations for designing counterinsur- operation should look like and to shape the com-
gency campaigns and operations. For Army forces, mander‘s intent.‖165
this chapter applies aspects of command and con-
trol doctrine and planning doctrine to counterin-
surgency campaign planning. While campaign de-
sign is most often associated with a joint force
command, all commanders and staffs need to un-
derstand it.‖163
It is important to highlight the specific point
made in FM 3-24 (2006) that ―campaign design‖ is
most often associated with the joint force com-
mand, but all commanders and staffs need to un-
derstand it. This caveat stems from a still existent,
but dated doctrinal stipulation professed by the
U.S. Army Combined Arms Doctrine Directorate
(CADD) that only Joint Force Commanders pre-
pare ―campaign‖ plans. The Army has since moved Informed by this ―emergent‖ direction in FM 3-
away from this limiting factor and acknowledges 24 (2006), once again our Army service doctrine
that the nature of current operations requires began a positive evolution to better prepare leaders
forces at all echelons to have a ―campaign mindset‖ at the operational and tactical levels to operate in
in the sense that they must understand and visual- these complex and ill-defined environmental con-
ize ―complexity over extended time.‖ Our early ditions. Consequently, our capstone doctrine and
orientation to facilitate this ―understanding of thinking began to emphasize a more complete and
campaign design‖ focused on two specific aspects comprehensive understanding of the operational
of joint doctrine, operational art and operational environment as a key and critical aspect of Battle
Command in order to inform the commander‘s
visualization. Ultimately, when FM 3-0, Operations
(February 2008) was published, the Army rede-
fined Battle Command as, ―the art and science of
understanding, visualizing, describing, directing,
leading, and assessing forces to impose the com-
mander‘s will on a hostile, thinking, and adaptive
enemy. [See Figure 5-1, FM 3-0 (2008)166] Battle
Command applies leadership to translate decisions
into actions -- by synchronizing forces and war-
fighting functions in time, space, and purpose -- to
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
accomplish missions. Battle Command is guided by commanders and staffs utilize specialists in each
professional judgment gained from experience, variable to improve analysis.‖171 This amplification
knowledge, education, intelligence, and intuition. of understanding and operational art within FM 3-
It is driven by commanders.‖167 Comparable to 0 (2008) became the dominant informing activities
design thinking, FM 3-0 (2008) specifically stated of Battle Command and its application in the cur-
that ―Understanding is fundamental to battle rent, multi-dimensional operational environments
command. It is essential to the commander‘s abili- for all echelons: strategic, operational and tactical.
ty to establish the situation‘s context. Analysis of
the enemy and the operational variables provides
the information senior commanders use to develop
understanding and frame operational problems.‖ 168
Consistent with FM 3-24 (2006), FM 3-0
(2008) also formally included a single chapter de-
voted to operational art in order to emphasize the
importance of design activities in support of the
commander‘s understanding and visualization of
complex operational environments. [See Figure 6-
4, FM 3-0 (2008)169] To that end, both of these
additions to our capstone doctrine were augmented
by the introduction of additional planning factors
beyond the traditional military planning considera-
tions of METT-TC entitled the Operational Va-
riables. [See CGSC Intermediate Level Education As the remainder of the Army began to embrace
P930 Lesson Graphic -- Understanding the Opera- and internalize the philosophies described by the
tional Environment170] ―Military planners describe newly defined Battle Command model (under-
the operational environment in terms of opera- stand, visualize, describe, direct, lead and assess),
tional variables… Joint planners analyze the opera- simultaneously there was an undercurrent of ―big-
tional environment in terms of six interrelated op- ger thinking‖ and a dominating perception began
erational variables: political, military, economic, to develop that our traditional Army problem solv-
social, information, and infrastructure. To these ing processes informed by Battle Command and
variables Army doctrine adds two more: physical operational art were inadequate to sufficiently ad-
environment and time. As a set, these operational dress the complexities of today‘s operational envi-
variables are often abbreviated as PMESII-PT. The ronments. The first formal introduction of this
variables provide a view of the operational envi- ―bigger thinking‖ was described in a newly devel-
ronment that emphasizes its human aspects. Since oped and released U.S. Army Training and Doc-
land forces operate among populations, under- trine Command (TRADOC) pamphlet entitled,
standing the human variables is crucial. They help Commander‘s Appreciation and Campaign Design
describe each operation‘s context for commanders (CACD) (January 2008). As stated in the forward,
and other leaders. Understanding them helps ―The complexity of today‘s operational environ-
commanders appreciate how the military instru- ment requires a different approach to problem
ment complements the other instruments of na- solving. It requires the commander‘s direct partici-
tional power. Comprehensive analysis of the va- pation in a heavily inductive reasoning process up-
riables usually occurs at the joint level; Army front. This process must produce a well-framed
commanders continue analysis to improve their problem hypothesis and an associated campaign
understanding of their environment. The utility of design -- a conceptual approach for the problem.
the operational variables improves with flexible This appreciation of the problem and the design of
application; human societies are very complicated a solution can then be handed off to a deductive
and defy precise ―binning.‖ Whenever possible, reasoning process executed by the staff under the
commander‘s direction that, in turn, produces ex-
ecutable plans and orders for implementation.‖ 172
167 Ibid, 5-2.
168 Ibid, 5-4.
169 Ibid, Figure 6-4. 171
Ibid, 1-5.
170 See U.S. Army, Command and General Staff School, Center 172 U.S. Army, Training and Doctrine (TRADOC) Command.
for Army Tactics, Intermediate Level Education (ILE) P930 TRADOC Pamphlet 525-5-200, Commander’s Appreciation
Preparatory Course, Supporting Lesson Slides, Les- and Campaign Design, Version 1.0 (Fort Monroe, VA: Training
son_2_US_Army_Doctrine_(Version_11-01 with notes) and Doctrine Command, 28 January 2008): i.
smallwarsjournal.com 29
VOL. 6, NO. 9 – SEPTEMBER, 2010 SMALL WARS JOURNAL
The implications within this description that our by Battle Command and operational art in FM 3-0
Battle Command model and standing problem (2008) are well-known, time-tested and correctly
solving processes were lacking are numerous, and viewed as a hallmark of the Army‘s planning and
thus began the deliberate and snow-balling effort problem solving competencies. However, the for-
to formally incorporate broader design concepts mal introduction of design theory is creating a per-
and design theory into our doctrine. ception that these ―new‖ design concepts are the
panacea to our problem solving challenges in com-
Led by the U.S. Army‘s School of Advanced Mil-
plex, multi-dimensional environments.
itary Studies (SAMS), multiple writings and de-
scriptions of design and design theory began to In the article, Educating By Design, Colonel Ba-
openly proliferate across the formation. Most not- nach stated that ―Some design concepts have al-
ably, in the March-April (2009) issue of Military ready been written into Army doctrine while others
Review, the then serving SAMS Director, Colonel are conflated with planning tasks. Fully developing
Stefan Banach, published two separate articles that design theory, separating design tasks from those
became a condition setter for the way forward for of planning in doctrine, and implementing new
deliberate integration of design theory into our design fundamentals without losing the essence of
capstone doctrine. the art of design is the challenge at hand.‖ 176 The
design proponents specifically acknowledge that
In the Art of Design article, Colonel Banach and
there must be a distinction between design, its
co-author Dr. Alex Ryan state, ‖At SAMS, we be-
ideas and purpose(s) and those of our standing
lieve the art of design is a way of thinking more
doctrinal practices. In the companion article, Art of
than it is a theory, process, or product.‖173 Once
Design, Colonel Banach and Dr. Ryan stated that
again, we were poised to introduce ―a philosophy‖
―For design to be useful in the military domain, it
as opposed to tangible, easily understood concepts
must complement and interact with existing plan-
and principles beyond those of our current doc-
ning doctrine. This means the interface between
trine. Colonel Banach and Dr. Ryan specifically
design and planning needs to be clearly speci-
describe how ―A philosophy of design tailored to
fied.‖177
military operations, called systemic operational
design, has been developed within a largely verbal This concern is well founded. In his Command-
tradition by retired Israeli Brigadier General Shi- er‘s Perspective on Effects-based Operations and
mon Naveh.‖174 They go on to say that ―Systemic Related Concepts, a precursor to the published
operational design provides an important founda- EBO guidance, General Mattis highlighted the
tion for military design, even if some members of challenge in the joint community to adequately
our community of practice have struggled to em- understand the relationship between Effects-based
ploy many of its intricacies when faced with real- Approach (EBA) and standing doctrinal practices.
world problem situations.‖175 The inability of He described how ―In early 2005, USJFCOM began
―some members of our community‖ to employ the a transition from EBO to effects-based approach
intricacies of design sounds a lot like the challenges (EBA), described in a February 2006 non-
acknowledged by the Air Force as they prepared to authoritative Commander‘s Handbook for an Ef-
better educate and inform the joint community in fects-based Approach to Joint Operations. The
regards to what EBO was (and was not) as de- handbook reinforced the importance of under-
scribed in the EBO White Paper (2002). standing the operational environment, setting the
correct conditions for success, and relying on the
That brings us to where we are today. The re-
commander‘s judgment and intuition. But the
cently published FM 5-0, Operations (2010) in-
handbook did not overcome the community‘s im-
cludes a dedicated chapter that is the formal exten-
pression that EBA was intended as a replacement
sion of the design effort from the last several years.
for proven planning and intelligence processes.‖ 178
The first significant concern is the struggle of Army
Interestingly, as the serving Army formation stu-
doctrine traditionalists to understand how the
dies and becomes familiar with FM 5-0 (2010), we
―philosophy‖ of design enhances and goes beyond
are in fact starting to see similar struggles develop
our current doctrine. Our problem solving
processes as described in FM 5-0 (2005) reinforced
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
as an outcome of the formal introduction of design Colonel Banach stated ―a major criticism and
into our published doctrine and more specifically, a stumbling block in moving design forward has
prevalent lack of understanding of how design in- been an inability to define terms and use ordinary
forms (and relates to) Battle Command, the opera- language.‖181 In an effort to address these chal-
tions process, planning, problem solving and deci- lenges, it appears that the design proponents and
sion making. doctrine writers defaulted to an already unders-
tood frame of reference, Battle Command. FM 5-0
In an attempt to underscore the friction be-
(2010) provides the following definitions of plan-
tween design concepts and their relationship to
ning and design. ―Planning is the process by which
planning and traditional military problem solving,
commanders (and the staff, if available) translate
FM 5-0 (2010) describes the design-military deci-
the commander‘s visualization into a specific
sion making process (MDMP) interface as, ―De-
course of action for preparation and execution, fo-
pending on the situation -- to include the com-
cusing on the expected results (FM 3-0). Put
plexity of the problem -- commanders conduct de-
another way, planning is the art and science of un-
sign before, in parallel with, or after the MDMP.‖
179 FM 5-0 (2010) goes on to further amplify each
derstanding a situation (understand), envisioning a
desired future (visualize), and laying out an opera-
condition of design and MDMP interface, but does
tional approach to achieve that future (describe).
little to specifically inform how one relates to the
Based on this understanding and operational ap-
other. This failure to clearly describe the interac-
proach, planning continues with the development
tion between the two may have in fact been pur-
of a fully synchronized operation plan or order that
poseful. As described by Colonel Banach and Dr.
arranges potential actions in time, space, and pur-
Ryan, ―Design as practiced is a creative activity,
pose to guide the force during execution (direct)
which draws freely on terminology and a variety of
[items in parentheses added by author].‖ 182 In con-
theories unique to an individual problem situation.
trast, ―Design is a methodology for applying critical
Whereas our description of design methodology
and creative thinking to understand, visualize, and
needs to be logical and orderly to be comprehensi-
describe complex, ill-structured problems and de-
ble, design practice can be much more flexible in
velop approaches to solve them.‖183 Clear and dis-
implementation. Design is a non-linear, interac-
tinct to each definition is the use of Battle Com-
tive, and continuous cognitive activity.‖ 180 If our
mand components which in and of itself has led to
doctrine was too specific and distinct in our defini-
some of the confusion in regards to what design is,
tion of the relationships between design and plan-
what it is not and how it compliments and rein-
ning (i.e., MDMP), it is possible that we would
forces Battle Command, the operations process,
create one of the exact outcomes that design was
planning and traditional military problem solving.
specifically introduced to overcome, and that is
procedural, linear thinking. By qualifying design as A final challenge presented to the force in re-
occurring before, concurrent with a military prob- gards to the formal introduction of design is the
lem solving activity and/or during execution of typical desire to have something tangible for use
operations, we leave the door open for it to ―fit‖ and application during military problem solving. In
wherever we want. This is consistent with design other words, ―what does right look like?‖ In the Art
being a ―way of thinking‖ as opposed to a tangible of Design article, Colonel Banach and Dr. Ryan
process with specific, attainable and qualified out- state that, ―… a methodology for design has not
comes. Even though there have been great efforts been described in any detail. [Brigadier General
to address this particular issue with the introduc- (retired) Huba] Wass de Czege rightly declares that
tion and integration of design, the community con- there is no formulaic way of presenting design. But
tinues to wrestle with the relationship between de- a philosophy of design by itself is too broad to
sign and planning. function as a guideline for action. What is needed
lies between the rigid precision of a technique and
This directly results in a related design-
the abstract wisdom of a philosophy.‖ 184 Although
planning interface challenge, and that is to answer
no usable examples and specifics to this point are
the question, ―how do we effectively communicate
provided in FM 5-0 (2010), SAMS spent a lot of
the idea of design in contrast to our current plan-
ning doctrine?‖ In the Educating By Design article,
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time and effort to specifically address this issue complex operational environments. However, the
resulting in the recently published Art of Design, U.S. Army seems to be creating a similar dilemma
Student Text Version 2.0. This document is a criti- just like EBO that is challenging our already un-
cal reflection of design and design theory as much derstood Battle Command model and confusing
as it is an informative reference that may further our trusted and proven approaches to solving mili-
enhance design understanding. The SAMS Student tary problems. In response to these growing issues,
Text states, ―Broadly speaking, the two biggest if we entertain the idea that design is no more than
changes to design since its introduction in 2005 a conceptual (as opposed to tangible) process of
are simplifications of the design lexicon and alter- identifying and evaluating relevant considerations
native approaches to the delivery of design educa- that help put the situation into context (under-
tion. Both are intended to lower barriers to entry standing), ultimately enabling the Commander and
for practitioners by finding easier paths to the staff to make judgment on action(s) required and
same goal: learning a methodology for shared criti- the application of resources (visualization), then it
cal and creative thinking and acting within prob- seems reasonable to conclude that design in simple
lematic operational situations. While care must be terms is actually an element of Battle Command.
taken not to diminish design to the point where it With this perspective, we may be better off placing
is neither critical nor creative, there is great merit continued and future emphasis on amplifying Bat-
in improving the accessibility of design, so that tle Command and its relationship to the operations
more professionals can make use of this approach process, planning and problem solving as opposed
to coping with complex operational challenges.‖ 185 to trying to formalize the design process. If not,
when we make major adjustments to our core
This is important because unlike EBO, General
processes to the point of causing confusion, we
Mattis directly embraced design and design theory
should remember the USJFCOM Commander‘s
and issued the following guidance in a USJFCOM
concluding comments in regards to the unantici-
memorandum, ―Established joint process, such as
pated 2nd and 3rd order effects of the proliferation
operational design and joint operation planning,
of EBO throughout our joint force, ―Concepts and
provide a fundamentally sound problem-solving
experimentation are intended to be innovative and
approach. However, staffs have been seen too often
must be pushed to their extremes. Most experi-
apply these processes mechanistically, as if pro-
ments fail, yet through failure springs success. That
gressing through a sequence of planning steps
is acceptable and is part of the price we pay for un-
would produce a solution. I would expect this habit
regimented thinking and open minded, disciplined
to be common particularly in organizations where
experimentation. That said, I want us to be mindful
a commander reacts to these problems rather than
of the lessons of the past 7 years. If we made one
leads them. ―Over-proceduralization‖ inhibits the
mistake, it was that we fast-tracked some opera-
commander‘s and staff‘s critical thinking and crea-
tional concepts and allowed them to gain inappro-
tivity, which are essential to finding a timely solu-
priate influence while unproven by history, expe-
tion to complex problems. An approach that does
rimentation, and current operations.‖187
not emphasize thinking and creativity is incom-
plete. My assessment is that our current doctrinal Lieutenant Colonel Andrew B. Nocks, U.S. Army,
approach to foster clear, careful thinking and crea- Retired, serves as an Assistant Professor in the
tivity, particularly early in design and planning, is Center for Army Tactics, U.S. Army Command
insufficient and ineffective.‖186 So if we formally and General Staff School. He holds a B.S. from the
―over-proceduralize‖ the design process, we might United States Military Academy and a M.S. in
find ourselves right back at square one just like we Administration from Central Michigan Universi-
did with EBO. ty. He served in numerous command, operations
and planning positions during his 22 years of ac-
In conclusion, this article is not intended to cri-
tive duty service. His last operational assignment
ticize the efforts of many great Americans to im-
was with the 3rd US Army, Coalition Forces Land
prove upon our U.S. Army service doctrine and its
Component Command’s (CFLCC) Deep Operation
purpose of creating more competent, confident and
Coordination Cell (DOCC) during OEF-1.
capable leaders serving in today‘s and tomorrow‘s
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Andrew B. Nocks - The Mumbo-Jumbo of Design: Is this the Army‘s EBO? 09.20 link
William O‘Hara - Drone Attacks and Just War Theory 09.14 link
Javier Osorio - What the Afghan War Diary Really Tells Us About the Changing Dynamics
of the Conflict 09.09 link
Christopher R. Paparone - Design and the Prospectus for Deviant Leadership 09.08 link
Stephen Phillips - A Remembrance of 9/11 09.11 link
M. Shands Pickett - The Village Engagement Center: Stabalizing One Village at a Time 09.30 link
Alfonso Reyes - Plan Mexico? Towards and Integrated Approach in the War on Drugs 09.14 link
Dan Rice - One Cell Phone at a Time: Countering Corruption in Afghanistan 09.02 link
Morgan Sherran - Approaching Doctrinal Training the Army Way 09.10 link
Jonathon Stafford - Comparisons in Nation Building: Korea & Iraq 09.13 link
LT Sean ―Shoe‖ Stevens - Khastan Tawanestan! ―We Can, We Will!‖: Shaping the Battle-
field in Afghanistan in Dari and Pashto 09.07 link
Christopher Sullivan - What the Afghan War Diary Really Tells Us About the Changing Dy-
namics of the Conflict 09.09 link
Oleg Svet - Fighting for a Narrative: A Campaign Assessment of the US-led Coalition‘s Psy-
chological and Information Operations in Afghanistan 09.12 link
James R. Van der Velde - ―Bring It On‖ Worked 09.01 link
Brett Van Ess - The Fight for Marjah: Recent Counterinsurgency Operations in Southern
Afghanistan 09.30 link
Staff Sergeant Jeffrey Wall - A Rifleman‘s War 09.09 link
Brigadier General Huba Wass de Czege - The Art of ―Campaigning‖ to Inform and Influ-
ence 09.05 link
Lieutenant Colonel Paul Yingling - Breaking Ranks? 09.30 link
Ben Zweibelson - Penny Packets Revisited: How the USAF Shouls Adapt to 21st Centrury
Irregular Warfare 09.29 link
By Date
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SMALL WARS JOURNAL VOL. 6, NO. 9 – SEPTEMBER 2010
Three Wickets and a Bulldozer: Overcoming Afghanistan‘s James C. Larsen & Scott
09.23 Geopolitical Barriers Kesterson link
The Troubles in Northern Ireland: Conflict Resolution and Imogen Baxter & Robert
09.21 the Problem with Being ―Reasonable‖ Crawford link
09.20 The Mumbo-Jumbo of Design: Is this the Army‘s EBO? Andrew B. Nocks link
The Iranian Ballistic Missile Threat And A ―Phased, Adaptive
09.20 Approach‖ to Missile Defense in Europe John D. Johnson link
09.16 Hezbollah: The Party of God Roy Keyes link
09.15 The Use of Pseudo-Operations in AFPAK Theater Ronald Holt link
09.15 Iraq: Finding a Victory Gene C. Kamena link
Plan Mexico? Towards and Integrated Approach in the War
09.14 on Drugs Alfonso Reyes link
09.14 Drone Attacks and Just War Theory William O‘Hara link
09.13 The Fallacies of Fourth and Fifth Generation Warfare Derek K. Barnett link
09.13 Comparisons in Nation Building: Korea & Iraq Jonathon Stafford link
When Relief Aid Becomes Counterproductive: A Study of In-
09.13 tervention in the Congo (2007-2008) Marc-Andre Lagrange link
Fighting for a Narrative: A Campaign Assessment of the US-
led Coalition‘s Psychological and Information Operations in
09.12 Afghanistan Oleg Svet link
09.11 A Remembrance of 9/11 Stephen Phillips link
Rebuilding the Force: Unconventional Advisory Forces in
09.10 Counterinsurgency Patrick James Christian link
09.10 Approaching Doctrinal Training the Army Way Morgan Sherran link
09.10 Hezbollah in the Tri-Border Area of South America Cyrus Miryekta link
What the Afghan War Diary Really Tells Us About the Chang- Javier Osorio & Christo-
09.09 ing Dynamics of the Conflict pher Sullivan link
09.09 A Rifleman‘s War Staff Sergeant Jeffrey Wall link
Teaching New Dogs Old Tricks: Can the Hamlet Evaluation
09.08 System Inform the Search for Metrics in Afghanistan? David Gayvert link
09.08 Design and the Prospectus for Deviant Leadership Christopher R. Paparone link
09.07 Nine Years After 9/11: Assessing the War on Terror Colonel Joseph J. Collins link
Department of Defense Special Branch: An Organizational
Proposal for Counter-threat Operations In Low-Intensity
09.07 Conflicts Matthew R. Modarelli link
Khastan Tawanestan! ―We Can, We Will!‖: Shaping the Bat-
09.07 tlefield in Afghanistan in Dari and Pashto LT Sean ―Shoe‖ Stevens link
Brigadier General Huba
09.05 The Art of ―Campaigning‖ to Inform and Influence Wass de Czege link
Lieutenant General James
09.03 Afghanistan: It‘s Not Over M. Dubik link
One Cell Phone at a Time: Countering Corruption in Afgha-
09.02 nistan Dan Rice & Guy Filipelli link
Reflections on Algeria‘s Islamist Experiences, Past and CDR Youssef Aboul-Enein,
09.02 Present MSC, USN link
Professional Military Education for United States Army Spe-
09.02 cial Operations Forces (Part Three) Bradford Burris link
Throwing the Book at the Taliban: Undermining Taliban Le-
09.01 gitimacy by Highlighting Their Own Hypocrisy Colonel Greg Kleponis link
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Download the article: Reflections on Algeria‘s Islamist Experiences, Past and Present
One Cell Phone at a Time: Countering Corruption in Afghanistan
by Dan Rice and Guy Filipelli
American commanders are preparing for a major offensive in Afghanistan to attack one of the most formidable enemies we face
in country: corruption. Despite sincere efforts to promote governance and accountability initiatives, Afghanistan has slipped from
112th to158th place on Transparency International‘s global corruption index. One reason the international community has been
unable to effectively tackle corruption in Afghanistan is that our own reconstruction efforts perpetuate the problem. As Secretary of
State Hillary Rodham Clinton recently acknowledged, ―Corruption, frankly… is not all an Afghan problem.‖ Money appropriated to
secure and stabilize the country is too easily siphoned and redirected as it changes hands, inevitably making its way to local power-
brokers, insurgent networks, and offshore bank accounts, rather than the individuals who need it most. One solution to this problem
lies in the palm of our hands: the mighty cell phone.
When Americans first entered Afghanistan in 2001 there was little infrastructure and no banking system in an entirely cash
economy. Nine years later it is still a cash economy and 97% of the country remains ―unbanked‖, but Afghanistan‘s thriving telecom
industry offers a way to minimize graft. From a standing start, Afghanistan now boasts a cellular network of 12 million cell phones in
country of 28 million. Mobile technology is the largest legal, taxpaying industry in Afghanistan and the single greatest economic
success story in the country since the fall of the Taliban. The existing network also offers a proven way to help defeat corruption.
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Khastan Tawanestan! “We Can, We Will!”: Shaping the Battlefield in Afghanistan in Dari
and Pashto
by LT Sean “Shoe” Stevens
How does a nation conduct a successful counterinsurgency (COIN) operation in a country in which it does not speak the local
language? Can we facilitate the development of a transparent, corruption-free Government of the Islamic Republic of Afghanistan
(GIRoA) without being able to communicate directly with its people? These are questions that I wrestled with time and time again
during my deployment to Afghanistan. I witnessed first-hand a remarkable dearth in the ability of Operation Enduring Freedom
(OEF) forces to communicate with Afghans. This lack of language abilities in both American military and civilian forces impedes our
counterinsurgency campaign. As my tour in Afghanistan progressed, this realization motivated me to attempt—in some small way—
to remedy this problem. As a result, I personally taught Dari to hundreds of military members and civilians, and created a six-lesson
syllabus for future teachers to follow. While I experienced small successes as a result of my efforts, they were insufficient to over-
come the dearth of language capability that threatens to undermine OEF.
Download the Article: Design and the Prospects for Deviant Leadership
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Teaching New Dogs Old Tricks: Can the Hamlet Evaluation System Inform the Search for
Metrics in Afghanistan?
by David Gayvert
After years of tracking and reporting various pacification metrics without a uniform methodology or purpose, in 1967 the US
implemented the Hamlet Evaluation System (HES) as a critical element in a comprehensive reporting schema that came to include a
number of US and Vietnamese metric reports. Although it went through a number of modifications, HES remained in force for the
remainder of US active involvement in the conflict, and notwithstanding other meaningful data sources, came to be regarded by
many as the single most reliable means of assessing trends in Vietnam pacification efforts. While it had short-comings and its share
of detractors, a number of independent studies confirmed that HES was a well-designed and implemented system that met accepted
tests of validity and reliability, and provided commanders and policy-makers solid data upon which to base decisions.
Nine years into fighting the Afghan insurgency, neither the US nor its coalition partners have developed a similar uniform
means to measure counterinsurgency (COIN) progress. Notwithstanding the hundreds of post-9/11 analyses touting lessons learned,
parallels and contrasts between US experiences in Vietnam and the current conflict in Afghanistan, none seems to have considered
the development and implementation of HES as potentially instructive in the quest for developing useful measures of current COIN
effectiveness. Meanwhile, debate continues over how to track improvement in Afghanistan -- which metrics are valid and reliable,
how to collect, normalize and interpret them, and how to get all relevant organizations to agree to a common standard.
This essay argues that a conceptually simple approach like HES may hold elements of solution to the vexing problem of metrics
for COIN in Afghanistan. It does not suggest that a ―HES for Afghanistan‖ should necessarily replace current data collection and
analysis efforts, nor that the metrics and methodology employed in HES can be seamlessly overlain or incorporated into existing
intelligence and reporting structures. It does suggest that a careful examination of the development, implementation, modification,
and validation of HES may yield clues for those seeking to put in place meaningful measurements of COIN progress in Afghanistan.
A Rifleman’s War
by Staff Sergeant Jeffrey Wall
Afghanistan has become a rifleman‘s war.
Because we are fighting a counterinsurgency campaign against a tribal warrior society we have and increasingly continued to
limit the use of supporting arms. Machineguns are even proscribed in villages and cities for fear of inflicting innocent civilian casual-
ties.
The result is that we must rely more and more on our riflemen to engage and defeat the enemy. We know that 52% of the fights
in Afghanistan begin at 500 meters and go out from there.
Recent publications by Dr. Lester Grau (Foreign Military Studies Office) indicate that a majority of the fights in Helmand Prov-
ince are between 500 and 900 meters.
The problem is that we don‘t teach soldiers to engage with their rifles at those ranges anymore.
What the Afghan War Diary Really Tells Us About the Changing Dynamics of the Conflict
by Javier Osorio and Christopher Sullivan
The major news headlines that followed the release of the Afghan War Diary, a collection of tens of thousands of leaked field
memos from Afghanistan, describe how U.S. forces are battling an increasingly resilient and well-armed Taliban army. Coverage in
the New York Times featured two major stories – an intensive review of events at Combat Outpost Keating, where U.S. forces de-
fended themselves against an ever-growing and more violent Taliban enemy, and the analysis of a half dozen significant incidents
highlighting the changing dynamics of the conflict. Coverage in the Guardian, meanwhile, focused on 200 ―key events‖ that docu-
mented significant increases in the Taliban‘s fighting capacity. Indeed, from these reports it appears as though U.S. efforts in Afgha-
nistan are, at best, maintaining an uncomfortable status quo. At worst, the war is being lost to Taliban forces, whom we now know
have been receiving aid from Pakistan.
But how can we draw inferences about a war involving more than 100,000 American soldiers and nearly 10 years of combat
based solely on a smattering of documents hand selected by reporters? By purposefully choosing to report just a few hundred docu-
ments released as part of the War Diary, and ignoring the broad swaths of data contained in the rest of the records, the existing re-
portage has opened itself up to charges that the coverage is biased towards the perspective given off by those hand selected docu-
ments. A better strategy for understanding what the War Diary can tell us about how the war is faring would be to analyze all of the
records and let the data speak for itself.
A statistical analysis of the more than 76,000 events so far released by Wikileaks reveals that the war is not faring as reported on
in the major newspapers. The picture revealed is actually much worse.
Download the Article: What the Afghan War Diary Really Tells Us
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witt was amazed as he watched Little consume platefuls of food. He knew that the two sailors were connected for this mission by
design. Though clearly seasoned, Little was the junior of the two. Prewitt, though not yet a chief petty officer, had achieved recogni-
tion as a Master EOD Technician. In fact, when Billy Little was a student at Naval School Explosive Ordnance Disposal, Prewitt was
one of the instructors. Such an encounter is not uncommon in EOD. In a small, select community, instructors often find themselves
serving with former students. This is an extra incentive to ensure everyone who emerges from the curriculum with an EOD ―crab‖ --
the breast insignia worn by all EOD Techs - is capable. Thus, while watching Little eat a second helping, not a single concern crossed
Prewitt‘s mind about the two of them working together in the most dangerous of environments. As they headed for the subway forty
minutes later, events were unfolding that would thrust them into such an environment -- Ground Zero of 9/11.
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Download the Full Article: The Fallacies of Fourth and Fifth Generation Warfare
Drone Attacks and Just War Theory
by William O’Hara
The philosopher Cicero once wrote: Silent enum leges inter arma – or laws are inoperative in war. Despite the temptation in the
age of technology to utilize new combative innovations to their full and most exact advantage, we must not fall prey to the falsehood
presented by our Roman ancestor. With a new capability for waging war comes the requirement of determining in what capacity that
capability should be utilized within the confines of a modern limited war. It is with this in mind that the United States tactic of tar-
geted killing utilizing unmanned aerial vehicles (termed drones) must be evaluated. While the Obama administration insists that
they have been following all laws of war in the execution of their strikes, not all of the international community agrees.
Utilizing the most fundamental principles of the law of war – Just War Theory (JWT) – this paper aims to frame the discussion
surrounding targeted killing. Much of the international law applicable to drone attacks are derived from JWT, but current interpre-
tations of that law are often quite diverse, from the hawkish to the overtly pacifistic. Some insist that the standing law indicates that
drone strikes should be nearly unlimited; others argue that the practice should be conducted on a significantly limited basis. This
paper will utilize thought from contemporary JWT scholars and the underlying purpose of limited war in an attempt to find a com-
mon ground in statutory interpretation.
While JWT offers guidance on both when to use force and how to use force, this paper will focus on the latter, commonly recog-
nized as the jus in bello principles of distinction and proportionality used to conduct a limited war. Part I of the paper will provide a
synopsis of JWT jus in bello development and principles, and how it has been adopted into both customary international law and
international treaties. Part II of this paper will first apply JWT derived standing law to a standard example of drone targeted killings.
Subsequently, JWT principle and law will be applied to two different case studies in which the utilization of drones threatens to
breach the boundaries of JWT, while providing guidance as to where hard lines on the jus in bello application of drones should be
drawn. The case studies serve one purpose – to create a fertile environment for different interpretations of jus in bello principles
(codified into law) to be discussed. These interpretations, as mentioned earlier, are often disparate; in such cases, the original pur-
poses of JWT, and contemporary scholarship on the subject will hopefully help highlight the proper opinion.
Download the Full Article: Drone Attacks and Just War Theory
Plan Mexico? Towards and Integrated Approach in the War on Drugs
by Alfonso Reyes
The illegal drug trade has been present in Mexico since the beginning of the twentieth century when prohibition of the opium
trade started. Since then, the social harm of the illegal drug trade in all its forms has been constantly increasing. Today, the most
obvious example of the social harm of the illegal drug trade in Mexico is drug-related crime. As a result, Mexican authorities have
launched a frontal attack against the drug cartels in an effort to reduce drug-related violence. However, the results of these efforts
have not been as expected. One of the main problems that Mexican authorities face in their war on drugs is the lack of a well-
coordinated anti-drug strategy to fight the illegal drug trade. Further, the efforts made by the Mexican government are based on a
supply-reduction approach that has proved ineffective both in Mexico and around the world over the last century because it is not
aimed at the social roots of the illegal drug trade. Thus, Mexico‘s war on drugs has become a never-ending story. This thesis traces
this history and then proposes a broader integrated approach based on attacking the roots of the illegal drug trade in Mexico.
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Achieving an end game is ultimately not found in the application of kinetic warfare, but rather in the folds of daily life.
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As SACEUR said earlier this month while visiting us in Afghanistan, ―Training is Job One.‖ Our most urgent need to accomplish
this job is getting the coalition trainers required. We are at a critical stage in the development of the Afghan National Security Force.
This past year our focus was on generating quantity…combat formations, battalions that we sent into the fight. But now, we must
create a force that can generate, equip, and sustain itself to serve and protect its people; therefore, we must build the critical support
formations over the next year, and professionalize this force. Accomplishing this will require additional NATO institutional trainers
with special skill sets…skill sets to create and develop Afghan logisticians, maintainers, communicators, intel analysts, and the lead-
ers this security force requires. The majority of this increase occurs in the six month period between this December… and next May.
If we do not resource this critical phase of the mission…and resource it soon…the Afghan National Security Force will not be self-
sufficient… in time to begin the process of transition next year. If they are not self-sufficient, then we… cannot transition…
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