The Ancient Art of Modern Warfare

Recently, there has been controversy over public statements from some politicians about the responsibility of members of the armed forces to disobey unlawful orders. In theory, there should be nothing objectionable about that. Members of the armed forces, from the lowest enlisted to the highest general or admiral, receive regular instruction on the laws and customs of war and our responsibilities under the Constitution. In this episode, I describe what that means and where the responsibility to promptly and effectively execute orders ends. Music Credits: Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain) Hagman, R., Main Theme from “She Wore a Yellow Ribbon,” from The Wild West - The Essential Western Film Music Collection, (Fair use for educational purposes.) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)  

This series on Terrorism is wrapping up with the problem of state sponsored terrorism. This form of international terrorism is most clearly a method of warfare, with the state using terrorist organizations as deniable proxies in armed conflict. International law, however, does not recognize that form of terrorism as war, but as criminal acts subject only criminal jurisprudence. This situation does little to stop this war form or to protect those who should be protected under the laws and customs of war.   The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with. Certified 100% natural intelligence. No artificial intelligence was used in making this podcast. References: Articles 2 and 3 of the four Geneva Conventions of 1947 Protocol II Additional to the Geneva Conventions of 1947 Melzer, N. and the International Committee of the red Cross, Interpretive Guidance on the Notion of Direct Participation in Hostilities (2009) Carter, C. “Analyzing the Criminal Justice and Military Models of Counterterrorism: Evidence from the United States” (Ph.D. Dissertation) (2017) Music credits: Holst, G. The Planets: Mars Bringer of War, downloaded from Internet Archive Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org

In the last few episodes, I explained that international terrorism can be considered a war form and how it has been practiced through history. I described that, according to international law, terrorism is a crime and should be addressed as such. I also described how criminal laws are frequently inadequate to deal with terrorism used as a form of warfare. This leads to the question of how states deal with this in practice.   The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with. Certified 100% natural intelligence. No artificial intelligence was used in making this podcast. Music credits: Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org Liszt, F., and the USMC Band. Les Preludes, Public Domain

If terrorism, unlawfully attacking civilian targets to achieve a political outcome, is a modern war form, a different manner of armed conflict. When terrorist attacks are planned, organized, and operate from a foreign country, or otherwise use that country as a safe haven, what are the options of the attacked State in using military force to fight this new form of armed conflict?  This episode of the Ancient Art of Modern Warfare looks at the authority and limitations of the war making powers of a state to do that. In this episode, I do not look at the right or wrong of any particular State or any particular operation. This episode only sets the context for the potential use of military force against international terrorist organizations.   The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with.   Certified 100% natural intelligence. No artificial intelligence was used in making this podcast.   Principal Reference: Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF  Music: Kiilstofte, P. Mercenaries, Machinamasound (Licensed) Liszt, Les Preludes, perfomed by the USMC Band. Public Domain  

I decided to change the trajectory of this series. Rather than continue with the history of terrorism, I am jumping ahead to how terrorism fits within the overarching philosophy of war. The manifestation of terrorism as it has evolved in the past century is not inconsistent with our understanding of war. Understanding that will help us to understand the ways and means to defeat it.   The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Government, the Department of Defense, or any other organization I am or have ever been associated with.   References: UN Office of Drugs and Crime, Introduction to International Terrorism, https://www.unodc.org/documents/e4j/18-04932_CT_Mod_01_ebook_FINALpdf.pdf Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF    Music: Kiilstofte, P. Mercenaries, Machinamasound (Licensed) Liszt, Les Preludes, perfomed by the USMC Band. Public Domain