The book places international law at the centre of the transformation of
United States (US) counterinsurgency (COIN) doctrine and practice that
occurred during the Iraq and Afghanistan wars. It contradicts existing theoretical
assumptions and claims international law matters much more than is
often assumed and much more than scholars and practitioners have previously
been able to claim. In particular, the book contends international law
matters in a case that may be regarded as particularly tough for international
law, that is, the development of a key military doctrine, the execution of that
doctrine on the battlefield and the ultimate conduct of armed conflict. To do
so, the book traces international law’s influence in the construction of modern
US COIN doctrine and assesses how international law’s doctrinal influence
has held up in Iraq and Afghanistan. My account of this doctrinal change is
based on extensive access to the primary actors and materials.
I argue we can trace international law’s impact on counterinsurgency via
three pathways. The first incorporates international law’s ‘ideational influence’,
primarily through the way in which a deference to the rule of law implicates
specific rules of international law directly or indirectly. The second looks at
international law’s influence on legitimacy, by which I mean the way international
law is used to articulate and also to demonstrate legitimacy. The final
pathway examines what I term international law’s mandatory impact, seen
largely through its interaction with domestic law and domestic institutions.
The book tells us something new about international law’s impact on the
preponderant power in the international system, the US, in an area of state
behaviour usually assumed to be inoculated from its influence. Nine years ago,
in 2005, the US was accused of being a ‘lawless hegemon’, one that deliberately
avoided rules of international law, especially those relating to the law of
armed conflict (LOAC) and international human rights law.