Seizing the Initiative by Establishing the Rule of Law During Combat Operations

Abstract

IF YOU BREAK IT YOU OWN IT, Colin Powell told President George W. Bush as the president considered the invasion of Iraq.1 Powell s statement should resonate in the minds of operational planners as they prepare contingency plans for future U.S. military operations. In any future military operation, U.S. commanders will be expected to plan for stability operations and integrate non-DOD agencies into military contingency plans. As part of that responsibility, the U.S. government is accountable to the rule of law. Preparation of forces for rule of law operations is critical for success of the strategic end state; the failure to consider and plan for those factors may have strategic consequences that can undermine national objectives. FM 3-07, Stability Operations, defines the rule of law as A principle under which all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and that are consistent with international human rights principles.2 Rule of law in a war-torn nation is a critical, paramount requirement in achieving stability operation objectives to maintain or reestablish a safe and secure environment; provide essential governmental services, emergency infrastructure reconstruction, and humanitarian relief and allowing for essential service to be restored.3 Military commanders must plan, train, and resource an adequate number of military personnel to implement order, protect property, and maintain security to prevent lawlessness. Lawfulness is the foundation of stability. Operational planners must anticipate U.S. military forces will likely encounter a failed, broken, destroyed, or simply nonexistent justice apparatus (i.e., policing courts and corrections institutions). The situation will likely require immediate attention to protect the indigenous people of the area, their property, and their economic livelihood.

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Document Details

Document Type
Technical Report
Publication Date
Feb 01, 2013
Accession Number
ADA582380

Entities

People

  • John F. Hussey
  • Larry W. Dotson

Organizations

  • United States Army Combined Arms Center

Tags

Communities of Interest

  • Human Systems
  • Weapons Technologies

DTIC Thesaurus Topics

  • Combat Operations
  • Criminals
  • Fire Extinguishers
  • Governments
  • Human Rights
  • International Law
  • International Organizations
  • Judiciary
  • Law
  • Military Operations
  • Military Personnel
  • Personnel Management
  • Police
  • Security
  • Stability Operations
  • United States
  • Warfare

Readers

  • Joint Military Operations and Doctrine.
  • Political Violence and Terrorism Studies.