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۸ بازديد
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30
Cook took issue with Pierce’s argument that it

was possible to return to the traditional distinction

between legitimate preemption and illegitimate pre
-
ventative war given that highly dangerous nonstate

actors operate from within states. The relationship

between these nonstate actors and their host states

is highly complex—some states sponsor and support

them, some simply tolerate them, some simply can
-
not do anything about the presence of violent nonstate

groups in their territory, and some are unaware of the

groups. Cook believes that there is a different legiti
-
mate response for each of these relationships, thus de
-
manding a legal framework more complex than the

preemption/preventative war binary. The terrorism

threat thus requires a new set of norms and custom
-
ary international law which will not be as focused on

state sovereignty as previous legal frameworks. In this

new framework, discrimination and proportionality

should remain the guiding principles, but their specif
-
ic meaning needs revision in a security environment

dominated by counterinsurgency and counterterror
-
ism. For instance, traditional war between uniformed

militaries accepted a certain amount of collateral dam
-
age based on the notion of military necessity. Coun
-
terinsurgency, with its emphasis on winning public

support, requires a more restrictive notion of collat
-
eral damage and a greater acceptance of military risk.

This demands a robust training regime beyond simple

rules of engagement.

Finally, Cook addressed the challenges of cross

cultural conflict when local norms are at odds with

American ones. This can, he noted, have “morally

corrosive” effects on the troops involved. While he of
-
fered no definitive answer or solution, Cook suggested

that it might be time to open a wide ranging debate on
 
 
31
assumptions about the universality of Western values

which has driven international law for several centu
-
ries. The 20th century notion—codified in the United

Nations Charter and the Universal Declaration of

Human Rights—that an ethical convergence was un
-
derway which would lead to the global acceptance of

Western, liberal values, does not reflect reality. In fact,

a case can be made that the conflict between al Qaeda

and the West is resistance to this idea. Yet it continues

to undergird the legal and ethical frameworks for war.

Pregent assessed the rules that apply to U.S. mili
-
tary operations. He noted that the Obama administra
-
tion believes that current rules are firmly grounded

in both international and domestic law. The admin
-
istration has accepted the Bush administration’s con
-
tention that the United States is fighting a war of self

defense. This is very important from a legal perspec
-
tive. But, Pregent noted, other states and some NGOs

believe that counterterrorism is a matter of criminal

and human rights law rather than the law of war. This

dissonance can have effects in the field when the U.S.

military is involved in coalition operations. Military

leaders must maneuver carefully through the chal
-
lenges it presents.

Baker was the panel’s revolutionary, arguing for

a new framework for thinking about the rule set for

war that is agile enough to deal with the murky con
-
temporary operational environment. As this takes

shape, though, its architects must consider the con
-
straints that rule sets place on military effectiveness.

The tendency is to claim that strategic success requires

staying within restrictive rules of engagement and at
-
tempting to win the information war by dissemina
-
tion of the truth (implying that what military forces

say is an ethical issue as much as what they do). Baker
 
 
32
indicated that he hoped this was true but that it war
-
ranted careful examination and debate—something

that has not yet happened This absence of analysis

reflects a long-standing characteristic of the American

approach to strategy which assumes, without debate,

that in a free market of ideas, the truth will eventually

win out. The American system uses the free market as

a universal paradigm for social interaction, whether in

the political realm, the economic, or the informational.

But there is no real free market of ideas in the in
-
formation war. Extremists feel no compunction to

hew to the truth, instead selecting their themes and

narratives based purely on strategic and tactical effect

rather than on the basis of ethics. And in the cultures

which give rise to violent extremism, truth often has

an affinity element; rather than being judged in some

objective sense—reflecting the best available informa
-
tion—truth is defined, in part, by the audience’s af
-
finity with the person making a statement or telling a

story. People are more likely to believe someone with

whom they have an ethnic, sectarian, racial, or tribal

affinity than alternative explanations coming from

someone with less affinity. U.S. troops in Iraq often

encountered this—”ground” truth sometimes had less

effect than a counterfactual explanation coming from

someone with an inherent affinity with the target au
-
dience.

Another consideration is that military effectiveness

has a negative element as well as a positive one. Rath
-
er than shaping their behavior according to which of

the antagonists relies on the objective truth or behaves

most ethically, people often act out of fear of violence

or punishment. Strategic thinkers like Ralph Peters,

Martin van Creveld, Michael Scheuer, and Edward

Luttwak argue from this perspective.
18 The American
 
 
33
ethos, though, is based on the notion that most people

will support the side in a conflict that behaves better.

That is the foundation of the Western notion of legiti
-
macy which plays a powerful role in U.S. counterin
-
surgency doctrine. Ironically, insurgents who use the

Maoist strategy make the same assumption. But many

of the enemies that the United States and its allies are

facing now, and will face in the future, function more

with a mafia mentality—that negative motivation

through fear is more powerful than positive motiva
-
tion through good and ethical behavior. The question,

then, is whether this ethical asymmetry is a recipe for

defeat. Should the U.S. military rely more on fear than

on good and ethical behavior to attain the desired ef
-
fects? Has the United States abandoned the mailed fist

too quickly in favor of the velvet glove? Or, to phrase

it differently, can ethics which are serious impedi
-
ments to strategic success be sustained? Until now,

the tendency has simply been to deny that this tension

exists and to assert that good, ethical behavior leads

to strategic success. As Baker suggested, it is time to

re-open this discussion.

Baker also noted that as Western military forces

struggle to adapt to the new normative environment,

they often attempt relabeling to make it seem more

like the traditional war environment, using phrases

like “human terrain” and “weaponizing culture.” In

this traditional environment, norms and rules were

conceptualized as barriers which limited the behavior

of military forces. Thus planners, commanders, and

strategists had to consider not only physical terrain

and the enemy, but also legal and ethical limitations

which prohibited some actions which might otherwise

have been militarily effective. This was an attempt

to apply the logic of domestic law, which has both
 
 
34
negative and positive dimensions, prohibiting certain

actions by the state and enabling certain actions de
-
rived from the constitutional order of the state, to the

security environment. Today’s security environment,

Baker argued, demands a “radical re-visioning” of the

normative dimension of war. Notions of barriers on

the battlefield should be replaced with a core ethic

which can form the center of strategy. Ethics, in other

words, must be a core driver of strategy—war must

be “ethic centric.” The just war tradition is inadequate

for this. The principles of discrimination and propor
-
tionality, for instance, tell militaries little about what

operational goals should be and whether to focus on

killing insurgents or protecting the population. Is pop
-
ulation protection, for example, a moral imperative or

simply a means to politically defined ends? By using

the domestic legal analogy, traditional thinking only

asks whether an action is justified rather than whether

it is preferred. This was appropriate for a nation state

centric system but needs reevaluation and revision in

an era of market states and powerful nonstate actors.

Why Does It Matter?

Scholarship on war and theoretical thinking are

of great value when translated into concepts applied

by strategic practitioners within the military and

throughout the government. Rather than only adding

to knowledge (a laudable accomplishment), they also

can change the world. The final panel of the conference

was designed to suggest policy, strategy, doctrine, and

force development implications of changing think
-
ing about the nature of war. It included Dr. Thomas

Mahnken of the Naval War College (a former Deputy

Assistant Secretary of Defense), Professor John Troxell

of the U.S. Army War College’s Center for Strategic
 
 
35
Leadership, Lieutenant Colonel (Ret.) Nathan Freier

of the Center for Strategic and International Studies,

and Dr. Steven Metz of the Army War College’s Stra
-
tegic Studies Institute.

Troxell noted that defining war was not simply

an academic or theoretical exercise, but was impor
-
tant for developing a coherent national strategy and

for convincing the American people and their elected

representatives that national resources are being used

effectively. This is particularly true as economic prob
-
lems like government deficits, mounting debt, and

growing entitlements begin to crowd out other spend
-
ing, including that for defense. The result is a strategy-

resource gap that makes the need for efficiency—for

applying power resources where and how they will

have the greatest impact—even more imperative.

Phrased differently, a nation with a surplus of strategic

resources can be sloppy or inefficient in its strategy. A

nation without such a surplus—as the United States is

becoming—needs coherent strategy to maximize the

results from any expenditure of strategic resources.

Troxell also noted the importance of a convinc
-
ing and clear narrative to build the consensus needed

for effective strategy. This is true of most nations but

is amplified in the United States where strategy and

national security policy are shaped more by public

opinion and the involvement of the legislature than in

any other great power today or in the past. Strategies

which the public does not understand or support, even

if they might in some sense be effective, are doomed to

failure. Finally, Troxell emphasized that understand
-
ing the changing nature of war or, at least, the chang
-
ing definition of war, is important for military force

development since organizations, equipment, and

doctrine created today are likely to be used for many

years in the future.
 
 
36
Mahnken emphasized that it was important to un
-
derstand what has not changed about war as well as

what has changed or is changing. War remains an act

of violence to impose one’s will on an adversary. The

motives that lead to war, first identified by the Greek

historian Thucydides 2,500 years ago—fear, honor,

and interests—persist. And the possibility of major

war between states, while it may have diminished,

remains.

But while war’s essential nature remains constant,

Mahnken argued, its character clearly has changed.

Precision and discrimination are now expected. The

use of unmanned systems is routine. Organizations

other than states wage war. The outcomes are less pre
-
dictable. War takes place in new domains like space

and cyberspace. And, from the American perspective,

potential opponents increasingly prefer types of war

other than large scale conventional combat, thus mak
-
ing nuclear and irregular war more strategically sig
-
nificant.

Other important characteristics also may be chang
-
ing. One is the social context of war. Parts of the de
-
veloped world such as Western Europe and Japan

appear to be undergoing debellicization. Publics there

increasingly oppose the use of force. Political leaders

recognize this and have shifted the emphasis of the

their militaries to peacekeeping and similar missions.

The developed world also has an increased sensitivity

to casualties (even if not an outright aversion). This

may be related to demographics. People are more ad
-
verse to losing a child in war when they only have one

or two rather than many. The utility of nuclear weap
-
ons may be declining in the developed world but in
-
creasing elsewhere as new nuclear states emerge. The

long-standing taboo on the use of nuclear weapons,
 
 
37
Mahnken contended, may be eroding. Finally, the bal
-
ance between state and nonstate actors in war may be

shifting toward the latter. But, Mahnken noted, this

may not continue. Nonstate organizations have been

able to function like states in large part because exist
-
ing states allowed it. States could reverse this if they

elected to.

Freier examined how changes in war have been re
-
flected in U.S. military strategy. The DoD’s prevailing

view of war and warfare, Freier argued, are obstacles

to real change. War, as the DoD prefers to see it, pits

one state’s military against another’s. The DoD’s view

reflects the American tradition of war as binary, or
-
ganized, discrete (with an identifiable beginning and

end), and predominantly military in origin and char
-
acter. But in the contemporary security environment,

that type of war is much less likely than other forms

of armed violence. Freier believes that this “legacy de
-
fense status quo” is “out of synch” with today’s real
-
ity. Thus the United States must decide whether the

DoD should be the successor to the War Department

and continue to focus primarily or even exclusively on

interstate war, or should be something fundamentally

different and broader.

The new defense status quo, Freier believes, in
-
cludes both “threats of purpose”—deliberate hostile

actions by enemies—and “threats of context” which

are dangerous situations or structures. The distinction

between strategy, operations, and tactics still matters,

but it is different than in the past. There is both the

“strategic corporal,” whose actions at the tactical level

have direct strategic consequences, as well as the “tac
-
tical general” who is able to control or, at least, attempt

to control units at the tactical level using technology.
 
 
38
Freier argued that the defense challenge today is

more than war. The DoD should jettison its reluctance

and accept this idea. In addition to its persisting mis
-
sions—counterterrorism and homeland security—the

DoD must also prepare for two other major challeng
-
es: irregular conflict and high end asymmetric war.

It must also, Freier contended, retain the capability

for large scale conventional warfighting. This threat,

though, is more manageable than ones that emerge

without attribution or overt violence, those which

come from substate and transnational networks, or

without explicit enemy design (such as ecological col
-
lapse or natural disasters). In the broadest sense, the

goal is no longer to be able to undertake two nearly

simultaneous major regional wars (which was the

U.S. military’s force sizing construct from the end of

the Cold War until the 9/11 attacks), but to conduct

a wide range of dissimilar simultaneous operations.

The DoD now must be the “Department of Doing or

Defending Against Many Things” when the situation

involves violence or exceeds the capabilities of other

agencies.

Freier suggested that there are five “new immu
-
table defense truths”:

1. The DoD will remain the n
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