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The White Paper and its Critics

Monday, February 11th, 2013

Someone for reasons unknown last week leaked the classified Department of JusticeWhite Paper” on targeting with drone attacks the numerically tiny number of US citizens overseas who have joined al Qaida or affiliated groups. The leak set off an outburst of public debate, much of it ill-informed by people who did not bother to read the white paper and some of it intentionally misleading by those who had and, frankly, know better.

Generally, I’m a harsh critic of the Holder DOJ, but their white paper, though not without some minor flaws of reasoning and one point of policy, is – unlike some of the critics – solidly in compliance with the laws of war, broader questions of international law and the major SCOTUS decisions on war powers. It was a political error to classify this document in the first place rather than properly share it with the relevant Congressional committees conducting oversight

Here it is and I encourage you to read it for yourself:

Lawfulness of Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of al-Qa’ida

Much of this white paper debate has been over a legitimate policy dispute (“Is it a good idea if we use drones to kill AQ terrorists, including American ones?”) intentionally being mischaracterized by opponents of the policy (or the war) as a legal or constitutional question. It is not. The law is fairly settled as is the question if the conflict with AQ rises to a state of armed conflict, which SCOTUS dealt with as recently as Hamdi and for which there are ample precedents from previous wars and prior SCOTUS decisions to build upon. At best, framed as a legal dispute, the opponents of the drone policy would have a very long uphill climb with the Supreme Court. So why do it?

The reason, as I discern it, is substituting a legalistic argument and judicial process (“FISA court to decide drone killings”) to conceal what is really a debate over American war policy   and the President’s war powers in order to accrue domestic political advantage or at least avoid paying the costs of advocating a potentially unpopular position. Otherwise, opponents have to argue on the merits that the US should not as a matter of policy kill al Qaida terrorists sheltered by Pakistan or beyond the reach of government control in Yemen. Or that we are not “really” at war or that Federal judges are better suited for picking bombing targets than Air Force and CIA analysts and that “due process” should apply to enemy combatants on the battlefield. Many of these arguments are valid ones to raise and debate but are unlikely to be persuasive to the public or Congress; if they were, they would have prevailed in 2010 (drones) or 2001 (“are we at war?).

A straightforward legal analysis begins and stops with ascertaining whether or not we are in a state of armed conflict with al Qaida. The white paper used a “kitchen sink” approach to try and cover all legal bases, perhaps to create a basis for a later freewheeling peacetime use of armed drones – which incidentally, I am not in favor of – but it is not required here and actually distracts from the strongest legal argument – the administration is lawfully fighting an enemy in an armed conflict declared by Congress.
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If we are in an armed conflict under international law with al Qaida – and the evidence appears here in fact, legislative action, context, historical and legal precedent to be overwhelming – renders most of the other justifications cited in the white paper for the policy regarding due process as well as nearly all of the criticisms of it moot, at least in terms of legality. Wartime enemy combatants are in a qualitatively different legal status vis-a-vis the United States government acting as a belligerent than are non-combatants or are civilians in peacetime (even civilians who commit criminal acts). No American citizen has a right to pick up arms and join an enemy army or armed group during a war, period. Or a subsequent right to be treated as anything but a combatant if they do. Combatant status is not determined by nationality under international law but by behavior and adherence to a belligerent party’s military forces and their physical disposition ( hors d’ combat, in the act of surrender etc.).
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American citizens fought in enemy armies, notably the Wehrmacht and Waffen-SS, against the United States in WWII and a handful defected to the enemy in the Korean and Vietnam Wars. While some of these men were tried for treason after these wars ended, others were treated as enemy POWs or simply allowed to come home at a later date, but none were accorded judicial due process *during* the conflict as potential targets of an American military attack. Only after capture, as with the saboteurs in the Ex Parte Quirin case, did judicial review and due process come in to play.. We see a similar phenomena with the Civil War where, even under the Lincolnian theory that the Confederacy merely represented “Combinations too powerful to be suppressed” (i.e. a private insurrectionist conspiracy and not the states themselves as corporate, legal, sovereign entities in rebellion), we do not see SCOTUS insisting on normal, civilian, judicial due process in Ex Parte Milligan except where “civil courts are in operation” (i.e. away from the battlefield). This was to prevent the application of martial law in civilian areas in the North, not to stop martial law in theater or occupational zones.
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Had this issue of due process for active enemy combatants been raised during WWII or even Vietnam, it would have been likely (and properly) regarded by US officials as ludicrous; if true, the logic would imply that enemy units could immunize themselves from attack (or substantially delay them)  by recruiting American citizens into their ranks. It would also beg the question why the US could lawfully bomb enemy targets and risk killing American POWs via collateral damage, but not directly target enemy fighters who happened to be American citizens. It would further beg the question why it would be lawful to indirectly target an American citizen in a group of enemy fighters with, say, artillery or gravity bombs from 52,000 feet but be an unlawful violation of due process to aim at him directly with a drone missile or a sniper rifle. Is a Marine rifleman who happens upon Adam Gadahn in Afghanistan and kills him therefore an “assassin” (to use Glenn Greenwald’s description of targeted killings) to be charged with murder?
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Even as a matter of “due process” (!) – never mind fighting a war – how could this legal argument possibly make any sense? What precedent under military law or international law from prior conflicts supports it?
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How would inserting judicial review – even SCOTUS – over operational planning and target selection as a step in the President’s exercise of his Constitutional authority as Commander-in-Chief likely to affect the Separation of Powers? This is not a trivial question – in military terms it is analogous to the judiciary usurping the position of the Rules Committee in the House of Representatives over legislative matters. How would this innovation impact our ability to fight our next war or wars?
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Much like the white paper’s lengthy, but entirely irrelevant discourse into the nature of threat “imminence” and “breadth”, this argument is sheer invention if a state of armed conflict with al Qaida exists. Most criticisms and not a few of the white paper’s own legal justifications consist of novel restraints alien to the historical practice of states prosecuting an armed conflict that we would be extremely unwise to adopt and sanctify as precedents for waging future wars.
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Let us take one of the more intellectually serious and responsible expert critics as an example, Steve Vladeck of American University. Not everything he has to say in his lengthy post is wrong and I even agree with some of his points, but things like this strike me as specious, or at least a very weak reed upon which to rest an argument that alters the constitutional balance:
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….First, many of us who argue for at least some judicial review in this context specifically don’t argue for ex ante review for the precise reasons the white paper suggests. Instead, we argue for ex postreview–in the form of damages actions after the fact, in which liability would only attach if the government both (1) exceeded its authority; and (2) did so in a way that violated clearly established law. Whatever else might be said about such damages suits, they simply don’t raise the interference concerns articulated in the white paper, and so one would have expected some distinct explanation for why that kind of judicial review shouldn’t be available in this context. All the white paper offers, though, is its more general allusion to the political question doctrine. Which brings me to…

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Second, and in any event, the suggestion that lawsuits arising out of targeted killing operations against U.S. citizens raise a nonjusticiable political question is almost laughable–and is the one part of this white paper that really does hearken back to the good ole’ days of the Bush Administration (I’m less sold on any analogy based upon the rest of the paper). Even before last Term’s Zivotofsky decision, in which the Supreme Court went out of its way to remind everyone (especially the D.C. Circuit) of just how limited the political question doctrine really should be, it should’ve followed that uses of military force against U.S. citizens neither “turn on standards that defy the judicial application,” nor “involve the exercise of a discretion demonstrably committed to the executive or legislature.” Indeed, in the context of the Guantánamo habeas litigation, courts routinely inquire into the very questions that might well arise in such a damages suit, e.g., whether there is sufficient evidence to support the government’s conclusion that the target is/was a senior operational leader of al Qaeda or one of its affiliates…

My first criticism would be that Vladeck’s premise that the question of a targeting decision of an American citizen who is a senior leader of al Qaida during a state of armed conflict who is active outside the territory of the United States is a matter for adjudication by US courts is incorrect. He is essentially arguing that the political question doctrine does not cover the exercise of the Constitutionally specified war-making powers of the executive and legislative branches during a war. I am highly skeptical this is an argument any Supreme Court would entertain lightly, much less the Roberts Court.
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My second criticism is more practical – that Vladeck in seeking judicial review of the decision process by which an American citizen is determined to be senior or not senior leader in al Qaida leadership is a distinction without a difference from a court having a priori judicial review of the larger military operation in wartime but with the added detriment of exposing the intelligence process, to discovery. Targeting decisions involve assessment of intel about the target from a variety of perspectives – confidence, effect, probability of success/costs and the “fusion” of (usually) USAF and IC in a targeteering shop. Why  judicial scrutiny should apply only to drone strikes targeting a specific US citizen among other al Qaida operatives in wartime vice simply bombing an al Qaida safe house in which a US citizen might be employs a legal reasoning that is obscure to me. If a US citizen being a potential casualty is the critical constitutional variable here, then not also judicial review of a bayonet charge?
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The proposal for judicial review of potential attacks during an armed conflict (not peacetime) is rife with a host of counterproductive second and third order constitutional and military effects. It represents a sweeping change in our political order by a technical legal fiat. It would also be an exceedingly dumb way to run a war. It might test our powers of imagination, but somehow, we faced down Hitler and the Imperial Japanese without Federal judges running our strategic bombing campaigns.
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This preference for legalistic arguments is partly a product of over representation of lawyers among the American political elite. Highly competent attorneys are very skilled at framing arguments on behalf of clients so that they begin litigation not only from a favorable explicitly stated position but, where possible, with several layers of one-sided implicit premises built in that you accept uncritically only at your peril. When a lawyer comes into a public policy debate saying that a political question is a legal question, he is making a political argument to remove a political dispute in a democratic polity to the courts where the matter will be decided under very different procedures and will remain as a legal question thereafter.
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Sometimes, this is the constitutionally correct thing to do; more often, it is simply an expedient thing to do that diminishes democratic accountability while rendering policy and process needlessly more complex and adversarial than even open public debate. It is also a self-aggrandizing feedback loop for lawyers as a class – when all political questions are legal questions, then should we not all defer to their superior expertise and training? It is the road to technocracy and the rule of law becoming “rule by lawyers”.
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Does that mean the critics have no point whatsoever regarding the use of drones in “targeted killings”? No. The idea that targeting American citizens is bad *policy* because it might, for example, be poorly employed against innocent people by mistake or, in slippery slope fashion, lead to a normalization and extension of the practice of targeted killing outside of an officially recognized armed conflict is a completely valid *political* argument. It is even, in my view, a very wise caution. It just does not hold water as a legal argument on behalf American citizens who go overseas and pick up arms and wage war against the US by joining al Qaida.
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More importantly, there are better, simpler remedies to a “slippery slope” with drone attacks that can be employed legislatively and through vigorous oversight that can be enacted that will strengthen rather than undermine and confuse our constitutional system of governance. First, the Obama administration, for it’s part, should allay critics fears by removing “targeted killings” from the arbitrary hands of unnamed “senior officials” (code for the President? The National Security Adviser? A random White House lawyer?) and either return to a more traditional Pentagon target assessment procedure or use the NSC process with a PDD/NSDD and a properly and timely “finding” being presented to Congress.
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Secondly, the proper body to review the judgement of the administration in tactics, operations, and strategy is not the judicial branch, but the legislative, which has done so in prior conflicts and holds the power of the purse to control the extent of campaigns and the raising of armies. The Joint Committee on the Conduct of the War was the oversight mechanism the Congress employed during the Civil War to review and influence the actions of the Lincoln administration. I would argue that the US Congress is more than sufficient to do the same task today with a far less existential conflict, if it chose to do so. Congress could, if it wished, forbid these operations or cease funding them. Quite pointedly, they have done neither.
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If Congress does not engage in rigorous oversight, it does not follow that a Federal Court is the appropriate constitutional substitute for Congress abdicating it’s wartime responsibilities. Targeted killings of enemy combatants during a declared armed conflict is a question of war policy, not due process, and is the purview of the political branches, not the judiciary
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Thirdly, the “slippery slope” danger is genuine and should be interdicted with legislation prohibiting or severely restricting the use of armed drones at home or forbidding their use against civilians resident in the territory of the United States entirely. A definition from Congress of under which circumstances that terrorism is a matter for law enforcement or military action is something that is likewise years overdue.
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Congress should be taking up it’s weighty responsibilities in war policy and not punting them to the executive or the judiciary, so that the actions of the US government in a matter of extreme gravity like a war are constitutionally clothed in democratic consent.
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America the Home of the Brave?

Sunday, February 3rd, 2013

An excellent op-ed in the Washington Post by Small Wars Journal editor and author of War, Welfare and Democracy,  Peter J. Munson 

An America Cramped by Defensiveness by Peter J. Munson 

….Since I returned home, a darkness has grown in me as both I and our nation have failed to live up to the sacrifices of these young men and women. I had no expectation of “victory” in Afghanistan or Iraq, whatever that would mean. Nor did I expect some epiphany of strategic insight or remorse from the nation’s brain trust.

I just found that I could not square the negativity, pettiness and paranoia in the discourse of our country’s elders with the nobility and dedication of the men and women I had seen and served with in Afghanistan.

Over time, as I listened to the squabbling, I realized that about the only thing Americans agree on these days is gratitude bordering on reverence for our military. It troubled me that the sum total of consensus in our discourse is deference toward the defenders of our nation.

Eventually, it dawned on me that the focus on defense was the root of our problem.

After the Sept. 11, 2001, attacks, the United States sent its military off to war and fretted about post-traumatic stress disorder — but paid little attention to the fact that America itself was traumatized. Americans became angry and withdrawn. We are fearful and paranoid because after a strike on our nation we chose to focus on defense rather than the resilience and vitality that made America great. In our defensive mind-set, we bristle at every change in a world undergoing an epochal transformation.

We have little reason to be so negative. Certainly the rest of the world is gaining on us, but this represents the success of explicit U.S. policies. After World War II, the United States sought to create a world of economic interdependence and prosperity, hoping to banish the malaise that helped precipitate a global conflict. The prospect of rapid growth in the developing world was not viewed as a threat but rather offered the promise of robust markets for American goods and ingenuity. We were confident and focused on the positive tasks of expanding our economy rather than fearing change…..

If you go back and look at news coverage of September 11, you will be struck by the calmness of ordinary citizens in New York in the face of carnage, their lack of panic and firm determination to help. The bravery and sacrifice of firefighters, EMT and police, the dogged resolution of rescue workers digging for victims, the sheer heroism of the passengers of  United Airlines Flight 93 who, led by Todd Beamer, stopped the al Qaida hijackers from ramming another plane into another skyscraper or perhaps the Capitol Building.

All of the security theater, the attacks on liberty, the surveillance state machinations, creeping normalization of government thuggery, bureaucratization, centralization and paternalism that have since been justified in the name of 9/11 were not needed on that day nor wanted by the overwhelming mass of American citizens afterwards.  It was wanted by our “leaders” – who were largely irrelevant to events on September, 11 – because it conformed to their worldview and overweening personal need for “control” of a democratic citizenry they would prefer to be less autonomous and more passive, docile, compliant and disengaged.

We need to revive the American spirit and the first steps are rolling back much of the illiberalism of the past decade.

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The Controversial CTC Report

Friday, January 25th, 2013

The Center for Combating Terrorism at West Point released a report on domestic terrorism that raised hackles for a number of reasons. Despite the dismissals of liberal political pundits, the reasons for objections to the CTC report are legitimate but they did not need to arise in the first place and might have been avoided with a slightly different editorial approach or appropriate caveats (I just finished reading the report, which is primarily focused on the usual suspects). Here’s why I think the normally well-regarded CTC stumbled into a hornet’s nest:

First, in this foray into domestic terrorism analysis, the center chose to concentrate only on the threat of violence of the Far Right while ignoring other threats coming from the Far Left, infiltration by criminal insurgent networks from Mexico, notably the ultraviolent Zetas whose reach has stirred gang violence in Chicago and Islamist terrorism, either homegrown “lone wolves” or from foreign infiltration or subversion. In itself, this is understandable if the CTC plans a series of reports with a separate focus on different domestic threats; but without that context, it is a myopic analytic perspective, particularly given the demonstrated capabilities of various AQ affiliates or just south of the border, the criminal-insurgency of  the narco-cartels. Had all of these been addressed in one omnibus report, any complaints from conservatives were likely to have been muted or nonexistent. This is not to say that the radical American Far Right does not have a violent threat potential of it’s own worth studying; it does and it is real. But available evidence indicates it to be the least organized, least operationally active and least professionally competent in terms of terrorist “tradecraft” of the three.

The second and most problematic aspect of the report is an intellectually sloppy definition of a dangerous “antifederalist movement”  where noxious concepts like “white supremacy” and wacko conspiracy theories are casually associated with very mainstream conservative (or even traditionally bipartisan !) political ideas – coincidentally, some of the same ideas that contemporary “big government” liberal elites tend to find irritating, objectionable or critical of their preferred policies. Part of the equation here is that American politics are evolvng into a very bitterly partisan, “low trust” environment, but even on the merits of critical analysis,  these two passages are ill-considered and are largely responsible for most of the recent public criticism of the CTC:

….The antifederalist rationale is multifaceted, and includes the beliefs that the American political system and its proxies were hijacked by external forces interested in promoting a “New World Order” (NWO) in which the United States will be absorbed into the United Nations or another version of global government.  They also espouse strong convictions regarding the federal government, believing it to be corrupt and tyrannical, with a natural tendency to intrude on individuals’ civil and constitutional rights.  Finally, they support civil activism, individual freedoms, and self government

….In contrast to the relatively long tradition of the white supremacy racist movement, the anti-federalist movement appeared in full force only in the early to mid-1990s, with the emergence of groups such as the  Militia of Montana and the Michigan Militia. Antifederalism is normally identified in the literature as the “Militia” or “Patriot” movement. Anti-federalist and anti-government sentiments were present in American society before the 1990s in diverse movements and ideological associations promoting anti-taxation, gun rights, survivalist  practices,and libertarian ideas 

This is taxonomic incoherence, or at least could have used some bright-line specifics ( like “Posse Commitatus” qualifying what was meant by “anti-taxation” activists) though in some cases, such as “libertarian ideas” and “civil activism”, I’m at a loss to know who or what violent actors they were implying, despite being fairly well informed on such matters.

By the standard used in the first paragraph, Glenn Greenwald, Ralph Nader and the ACLU would also be considered “far right antifederalists”. By the standards of the second, we might be in physical danger from Grover Norquist,  Congressman John Dingell and Penn Jillette. No one who opposed the recent increases in income tax rates, dislikes gun-control or thought the DOJ may have abused it’s power in the prosecution of Aaron Swartz or in their stubborn refusal to prosecute Bankster racketeering is likely to welcome a report under the auspices of West Point that juxtaposes such normal and perfectly valid American political beliefs with neo-Nazism. A move that is simply going to – and quite frankly, did – gratuitously irritate a large number of people, including many in the defense and national security communities who are a natural “customer base” for CTC reports.

As I said previously, this could easily have been completely avoided with more careful use of language, given that 99% the report has nothing to do with mainstream politics and is concerned with actors and orgs with often extensive track records of violence. As the CTC, despite it’s independence, is associated so strongly with an official U.S. Army institution, it needs to go the extra mile in explaining it’s analysis when examining domestic terrorism subjects that are or, appear to be, connected to perfectly legitimate participation in the political process. This is the case whether the subject is on the Left or Right – few activists on the Left, for example, have forgotten the days of COINTELPRO and are currently aggrieved by the activities of Project Vigilant.

I might make a few other criticisms of the report, such as the need for a better informed historical perspective, but that is hardly what the recent uproar was about.

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Point and Counterpoint in Defining Warfare II.

Monday, December 10th, 2012

A few comments on the article by Lt. Col. Jill Long at SWJ and the hardheaded critique by Jason Fritz of Inkspots to which I linked yesterday.

First, the attempt that Long was making in posing an alternative to Clausewitz was a laudable one, in the sense that every serious student who picks up a classic text, Clausewitz, Thucydides, Sun Tzu, Marx, Plato, Machievelli, Musashi and so on, should do more than simply try to understand the author and accept their views uncritically. Doing so would make you a parrot, not a scholar. Instead, we need to wrestle with and challenge the text; try to poke holes in the argument, turn it inside out and break it apart, if we are able. Sometimes we can make a legitimate chip or dent but most of the time, we are going to fail – the reason people have read these books for two or twenty centuries is because the arguments of brilliant minds within them continue to have enduring relevance.

I don’t think Long succeeded in her effort here, but if every officer had as part of their PME to formally construct an alternative to Clausewitz as she tried, we’d have a more strategically informed military and arguably one that better understood Clausewitz. If nothing else, Long was intellectually more courageous than the majority of her brother officers to make the attempt in the full glare of public scrutiny and that is praiseworthy

That said, “What is War? A New Point of View” is problematic. In my view, there are three major structural flaws in Long’s article: first, I don’t think she wrestled with On War  to plausibly justify her opening claim that that Clausewitz’s definition of war was obsolete. As Colonel David Maxwell pointed out at SWJ, that kind of bold discussion requires some reference to CvC’s “remarkable trinity”. Jason Fritz was probably speaking for a Clausewitzian legion when he, quite correctly, jumped on her argument for using dictionary definitions(!),  not tackling Clausewitz’s actual definition of war in asserting it was an anachronism or that such a definition can and does apply to non-state actors making war as well as states. You can’t make sweeping claims as a declaratory preface to the subject you’d really like to talk about – your audience will demand proof of your claim first.

The second major problem, is Long similarly dismisses the accepted definition of war under international law which is not only as equally large a field as Clausewitzian thought, it’s far larger and more important – being, you know – binding international law!  Disproving either of these alone is a fit subject for a dissertation or a book, not a paragraph. Sometimes we must learn how to construct a melody before we attempt to write a symphony.

The third structural problem is one of basic epistemology. Long’s assertion that Clausewitz’s (or any ) definition is not sufficiently broad because it is simple and that her definition is because it is complex is fundamentally ass-backwards. The question of definitions is one of the oldest ones in Western philosophy and we know that simple and profound definitions are by nature broadly stated while the negative dialectical process of qualifying them narrows their scope of application by revising the definition in a more complex form.

Jason Fritz raised a very interesting objection in his rebuttal:

….Long fails to adequately describe how the world has changed or how the “Global Era” plays into this. She states that the terrorist attacks on September 11, 2001 have changed how we should perceive the world. It seems that the she believes that that day should have awakened Americans to the threat of non-state actors. Long also states that “‘interconnected systems of trade, finance, information, and security’ demand a larger perspective when considering the engagement of imposing national will on others.” Both of these points are stated in defiance of history. Globalists enjoy selling the greatness and threats of our “interconnected systems” in the modern day, but that presumes that the world is newly interconnected. We know this is not true. Interconnection in today’s world may be faster and easier, but it is not new. States and other political groups have interacted over the elements listed for millennia – look only to the period of global colonization to see how long we as humans have been at this. Long does not describe how today’s globalization is unique and why that changes how we define war.

There are important distinctions to be made here but my short comment would be that globalization has had a significant effect upon warfare but not upon war.

As Jude Wanniski once pointed out, there is and has always been only one “system” – the whole world. What globalization has changed among the constituent parts is the velocity of transactions, their frequency, the potential number of players making transactions, where the system has degrees of transparency and opacity, the incentives and capabilities of political “gatekeepers” to control exchange of information or goods among other things. It is a different global economy than the one under the auspices of Bretton Woods or the quasi-autarkic decade of the Great Depression or the first globalization that died in August 1914.

Most of these things have direct bearing on economics, politics or policy but indirectly on the conduct of warfare as well. Balance of comparative advantages can be altered, situational awareness of conflicts can be heightened and the line between de jure war and “mere violence” uncomfortably blurred. Generally, statesmen have reacted to globalization by imposing greater political constraints – usually more than would be tactically wise or efficient –  on their own use of military force in less than existential conflicts. Generally, this is perceived as an aversion to taking or inflicting casualties and a legalistic-bureaucratic micromanaging of  military commanders and troops.Whether such politically self-imposed limits are useful in pursuing a strategy for military victory is another question, one that can only be answered in specific contexts. Sometimes restraint and de-escalation is the best answer on the strategic level.

What was good in the Long article? In my view, the root idea of conceptualizing of war on a spectrum; it is a useful cognitive device that could accommodate nuances, ideal for examining case studies or changes in warfare over time. But would be more persuasive if developed with accepted definitions.

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An Unknown Future and a Doubtful Present: Writing the Victory Plan of 1941 — a review-lite and a few questions

Tuesday, November 20th, 2012

[by J. Scott Shipman]

An Unknown Future and a Doubtful Present: Writing the Victory Plan of 1941, by Charles E. Kirkpatrick

Mr. Kirkpatrick’s little book provides an excellent primer to the formulation of the United States’ WWII strategy and a refreshing insight into the education of an master strategist, the focus of this post. At 138 pages (plus bibliography/index), Kirkpatrick provides an overview of the enormous contribution of Major Albert C. Wedemeyer, then attached to the War Plans Division, the Army chief of staff’s strategic planners. In the spring of 1941, General George C. Marshall wanted a “more clear-cut strategic estimate of our situation”. Wedemeyer placed his work in the context of four questions:

1. What is the national objective of the United States?
2. What military strategy will be devised to accommodate the national objective?
3. What military forces must be raised in order to execute that military strategy?
4. How will those forces be constituted, equipped, and trained?

Wedemeyer understood that number 4 was not possible without a clear understanding of 1 through 3. Number 1 did not exist (probably still does not), so Wedemeyer made his best guess. Wedemeyer placed his task in context and produced a plan in the prescribed 90 days (!).

No Ordinary Major

Wedemeyer was no ordinary major. He was a voracious reader and student of history; familiar with Clauzewitz, von der Glotz, Fuller and Sun Tzu. He was fortunate to have a mentor (who happened also to become his father-in-law), MG Stanley Embick. Embick encouraged Wedemeyer to “organize discussion groups of officers during the years on Corregidor. Professional reading served as the context for such social gatherings of Wedemeyer’s peers intelligent and articulate men who met periodically to discuss current events, the books they had been reading, and professional interests.”

Wedemeyer was an honor graduate of the Command and General Staff College, and his performance earned him the opportunity to attended the Kriegsakademie, the German staff college. However, coupled with impressive academic preparations, Kirkpatrick writes that Wedemeyer’s curiosity exposed him to a “kaleidoscope” of ideas and methods. Kirkpatrick summed-up Wedemeyer: “Competence as a planner thus emerged as much from conscientious professional study as from formal military education…” Going on to say:

In common with many of his peers, much of Wedemeyer’s professional and intellectual education was less the product of military schooling than of personal initiative and experience in the interwar Army.

Wedemeyer’s intellectual development was purposeful and paid off. In Wedemeyer’s deep study of his profession he used the prescribed paths, but also explored on his own. How common is that today? What is the real intellectual foundation supporting our professional warriors? Is it the minimum one will glean from the service schools, or we encouraging our people to go a step further.  In an earlier post I wondered aloud, and echoed a remark posed by Jon Sumida with respect to Alfred Thayer Mahan:

“It remains to be seen whether readers exist with the mind and will to accept his guidance on what necessarily is an arduous intellectual and moral voyage into the realm of war and politics.” (emphasis added)

Against this backdrop, Tom Ricks in an interview at the Washington Post said:

The U.S. Army is a great institution. The rebuilding of the U.S. Army after the Vietnam War was an epic struggle and was enormously successful. Today we have great frontline soldiers. They are well equipped, they are well trained and they are in cohesive units.

The problem is at the very top. This magnificent rebuilding of the U.S. military after Vietnam really did recreate the force, but they kept the old head. The one thing they didn’t really change after Vietnam was how they shaped their generals. What we got was a generation of officers who thought tactically and not strategically. It’s the difference between being trained and being educated. You train people for known attacks. You educate people for the unknown, the complex, the ambiguous, the difficult situation. (emphasis added)

No intention of singling out the Army, I would cast the net of this question to include the other services, and ask whether we have Major Wedemeyer Majors/Lieutenant Commanders in the pipeline. If we do, are we nurturing and encouraging them? How many of our professional warriors study independently, and like Wedemeyer host/encourage frequent independent fellowship/discussions around books and ideas independent of the academy? As I mentioned in an earlier post, there is no app for intellectual development. We should at least expose our officers to the Wedemeyer method, if you will, and go deeper than service schools, blogs, and the constant chatter in our information laden world. Colleagues gathering to discuss and debate; educating and enlightening each other.

On strategy, Kirkpatrick quotes Wedemeyer:

…strategy, properly conceived, thus seemed to me to require transcendence of the narrowly military perspectives that the term traditionally implied. Strategy required systematic consideration and use of all the so-called instruments of policy–political, economic, psychological, et cetera, as well as military–in pursuing national objectives. Indeed, the nonmilitary factors deserved unequivocal priority over the military, the latter to be employed only as a last resort.

Wedemeyer’s net was wide and comprehensive and worthy of emulation. While his accomplishment(s) are impressive, so was his preparation.

Wedemeyer went on to a successful Army career, retiring as a 4-star. In 1985, he was presented the Presidential Medal of Freedom by President Reagan. (See the New York Times obituary.)

This is an important and accessible introduction to the nuts-and-bolts of strategic planning and has my strongest recommendation.

A free electronic copy can be found here (pdf).

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