Setting the Conditions for the Rule of Law During Military Interventions

Abstract

Establishing the rule of law is a critical component of the national strategic end state for any U.S. military intervention in a foreign nation. Although U.S. policy recognizes that civilian organizations, and the State Department in particular, are best suited to develop the rule of law in post-conflict societies, the military Joint Force Commander wields the most influence over the eventual direction and pacing of post-conflict rule of law development by virtue of his position, authority and capability at the moment of intervention and the instability immediately thereafter. Lacking the sophisticated capabilities and insights of the civilian organizations, the Joint Force Commander must nevertheless plan and conduct his initial intervention to dominate the operational environment with due regard for the requirements of the follow-on civilian rule of law development program to set the conditions for that program's success. He can best accomplish this by incorporating interagency counterparts, host-nation experts and relevant NGO and private legal actors within his planning process, ensuring the maintenance of civil order immediately upon arrival in the operational area, and preparing his forces to act in a supporting role for the rule of law force by assessing and securing key infrastructure and personnel.

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Document Details

Document Type
Technical Report
Publication Date
May 27, 2008
Accession Number
ADA484483

Entities

People

  • Peter R. Hayden

Organizations

  • Naval War College

Tags

Communities of Interest

  • Biomedical
  • Energy and Power Technologies
  • Human Systems

DTIC Thesaurus Topics

  • Combat Operations
  • Department Of Defense
  • Department Of State
  • Foreign Relations
  • Geneva Conventions
  • Governments
  • Intergovernmental Organizations
  • International Law
  • International Relations
  • Iraqi-War
  • Market Economy
  • Military Operations
  • National Governments
  • National Security
  • United States
  • War Colleges
  • Warfare

Readers

  • Government and Public Administration Law.
  • Military and Counterinsurgency Studies.
  • Strategic Security Studies