The Ancient Art of Modern Warfare

The subject of Just War, or Justum Bellum, is a frequent topic in these podcasts. If, however, the only acceptable justification for any war is to establish a more just and lasting peace, shouldn’t there be a similar framework for Just Peace, or Justum Pacem? Just War theory goes back to Plato and Aristotle, but Just Peace thinking is a product of the last century. Despite a lack of concrete formulation, past examples of successful post-conflict transitions included efforts to establish a just peace. Sadly, there are more examples of unjust peace, which -- as Immanuel Kant noted -- plants the seeds of future war.   Music: Liszt, Les Preludes, perfomed by the USMC Band. Public Domain Traditional, The Army Strings, Garryowen (Public Domain) Mozart, W. A. and Karajan, K., The Requiem Mass In D Minor, Introitus, K.626, (1941), downloaded from The Internet Archive https://archive.org/details/12-bruno-kittel-mozart-requiem-agnus-dei-polydor-1941_202308 Photo: Perpetual Peace Lily, Aganpanthus Africanus (Wikimedia Commons)  

In Chapter 17 of the Prince, Nicolo Machiavelli wrote that a prince ought to desire to be thought of as clement and not cruel. It is more important, he said, to generate a respectful fear which, in then end, is actually more merciful than those who pursue reputations of mercy. Under no circumstances, however, should the prince become hated. This concept also applies to war, moving from war to peace, and the justice sustained peace requires. Music: Traditional, The Army Strings, Garryowen (Public Domain) Copland, A. & United States Marine Band. (2000) Fanfare for the Common Man. unpublished, Washington, DC. [Audio] Retrieved from the Library of Congress, (Fair use for educational purposes.) Verdelot, P. and Machiavelli, N. O Dolce Nocte (1547) downloaded from ChoralWiki/CPDL  

Just as it takes two parties to agree to fight a war, it takes both parties to agree to peace. Getting both warring parties to agree to peace sometimes requires a third party. This third party provides “good offices” to help both sides agree on what peace should look like. It also helps when each party understands the political objectives of the others – and the “disinterested” third party has its political objectives, too!   Music: Wagner, R. and USMC Band, Siegfried Funeral and Goetterdammurung (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Copland, A. & United States Marine Band. (2000) Fanfare for the Common Man. unpublished, Washington, DC. [Audio] Retrieved from the Library of Congress, (Fair use for educational purposes.)   Image: Bakhmut, Ukraine; Ukrainian Army Photo

Ending a war begins when one side or the other believes that the cost of continuing to fight exceeds any expectations of success. This could be a simple cost benefit calculation, it could be that continuing to fight after a major defeat is unlikely to bring success, or that the war aims have already been achieved and any further violence is unjustified. In each case, one side or another has to make the decision to seek peace, or at least to end the fighting. That decision, however necessary, is only one step on the difficult path to bring peace out of war (and it isn’t even the first step.) Music: The United States Army Old Guard Fife and Drum Corps, Soldiers Farewell Fanfare/Montezuma/March of War/Windsor Park, (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Image: Bakhmut, Ukraine; Ukrainian Army Photo

My podcasts on The Ancient Art of Modern Warfare presented the elements of war that I think every citizen should know in holding our elected representatives responsible for decisions about going to and prosecuting war. The time has come in this series to move from war to peace. The most important consideration in going to and in prosecuting war is that it is the only way to correct a grave injustice and bring about a more just and lasting peace. Correcting this grave injustice must outweigh the death and destruction unavoidable in any war. Defending against the unjust attack of an aggressor and repelling the attacker’s forces from the territory captured in that attack is, perhaps the only clear justification, although there is debate about the use of military force to stop grave violations of international law, and particularly those which could be considered crimes against humanity. Again, this must be done with the clear end state in view of restoring peace.  Once the iron dice of war are rolled, however, Clausewitz’s trinity of passion, reason, and chance can lead us to places we did not intend to go.  These closing episodes of the Ancient Art of Modern Warfare we explore the transition from the violence of war to that more just peace.   Music: Copland, A. & United States Marine Band. (2000) Fanfare for the Common Man. unpublished, Washington, DC. [Audio] Retrieved from the Library of Congress, (Fair use for educational purposes.) Traditional, The Army Strings, Garryowen (Public Domain) Lennon, J, (1969) performed by COL C Mayer, USA RET; Maj. D. Mayer, CAP; 2d Lt M. Mayer, USAF; and PFC C. Mayer, USA (2024) Give Peace a Chance (Fair use for educational purposes.)

“The past is a foreign country; they do things differently there.” So begins L.P. Hartley’s book, The Go-Between. Although the way people do things changes over time, what they do remains largely the same. War and politics are human endeavors, and human nature is unchanging. It should be no surprise, therefore, that the nature of war and politics is also unchanging. That is the point of these podcasts. The first objective history of war, the war between Athens and Sparta in the 5th century BC was chronicled by the Greek general Thucydides. Although the way the armies and navies fought then are much different than today, the overall campaigns and reasons for those campaign are strikingly similar to modern strategy. Thucydides’ observations provide lessons for us, even today, if we are just willing to learn from them. This why his work is still studied in our war colleges.   Music: Rodgers and R.R. Bennett, Fire on the Water/Victory at Sea Suite (Public Domain/Fair use for educational purposes)   Traditional, The Army Strings, Garryowen (Public Domain)   Copland, A. & United States Marine Band. (2000) Fanfare for the Common Man. unpublished, Washington, DC. [Audio] Retrieved from the Library of Congress, (Fair use for educational purposes.)

“Sun Tzu said: The art of war is of vital importance to the State. It is a matter of life and death, a road either to safety or to ruin. Hence it is a subject of inquiry which can on no account be neglected.” My purpose in my podcasts of the Ancient Art of Modern Warfare. But who is Sun Tzu, and how is what he said relevant to modern warfare? Music: Holst, G., The Planets: Mars, Bringer of War (Internet Archives) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)

Who is this Clausewitz guy?   The Army War College studies many different theories and theorists of war, from Thucydides of ancient Athens, Sun Tzu of Wu Dynasty in China, to Machiavelli, Mitchell, and present day theorists. One name stands out among the others, the early 19th century enlightenment era military philosopher, the Prussian Major General and War College Director, Carl von Clausewitz. It is not just the US Army War College. Russian and Chinese military teaching also centers on his ideas. Why? Who was he and why do I cite him so often in my podcasts (and in conversation, my papers, etc.) Working within my self-imposed limit of eight minutes, I try to explain this as best I can. These podcasts are not monetized or subsidized in any way. The opinions expressed in these podcasts are my own and do not necessarily reflect any organization I am or have ever been associated with – and fall far short of doing justice to Carl and Marie von Clausewitz. Reference: Clausewitz, C, On War, Edited and Translated by Michael Howard and Peter Paret ©1984 Music: Piefke, J.G. Preussens Gloria, Internet Archive, https://archive.org/details/PreussensGloria_201708 Traditional, The Army Strings, Garryowen (Public Domain)

There are more than 110 armed conflicts in the world today.[1] Ending any one of them requires more than a simple cease fire, it requires knowing what each side intends to achieve by the conflict. This is even true when the participants may not fully understand the end state they are seeking. This includes the conflicts in Ukraine and the Middle East. Without addressing those desired end states any ceasefire merely gives time for the warring parties to refit for the next battles. Whenever our country starts on the path to armed conflict, the citizens must demand that our government know and tell us, “How does this end?” These podcasts are not monetized or subsidized in any way, nor do they represent anyone’s opinion but my own. Music: Holst, G., The Planets: Mars, Bringer of War (Internet Archives) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)

If I initiate a war, it seems logical that I would know why I am starting that war and what I expect to achieve by it. It might also be helpful if I let my opponent know that, too, as it may help limit the intensity duration, and long-term effects of that war. Why that is and how that does or doesn’t reflect reality is the subject of this and following episodes of the Ancient Art of Modern Warfare. These podcasts are not monetized or subsidized in any way, nor do they represent anyone’s opinion but my own. Reference: Carl von Clausewitz, On War, Book One, Chapter One Music: Holst, G., The Planets: Mars, Bringer of War (Internet Archives) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)  

The Wagner Group is only one of about two dozen Russian sponsored semi-private military companies conducting combat operations in Ukraine, Africa, and elsewhere. If the operations of the companies violate relevant national and international laws, why aren’t criminal charges being filed against Wagner, affiliated entities, and its operatives? I believe that the answer is more political than legal. I address what some of these political considerations may be in this episode of the Ancient Art of Modern Warfare. Disclaimer: These podcasts are not monetized or subsidized in any way, nor do they represent anyone’s opinion but my own. Music: Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)

If we can agree that Russian mercenary-like organizations do not meet the legal criteria of being mercenaries, nor are they legitimate members of the armed forces, then their participation in combat must be illegitimate and their actions criminal. The question remains how to hold those criminal combatants accountable under law. This episode explores the tools for such accountability. Disclaimer: The information in these podcasts do not represent the positions of any organization I am or ever have been associated with. They represent no one's opinions but my own.   References Geneva Convention Relative to The Protection of Civilian Persons in Time of War of 12 August 1949 International Committee of the Red Cross, Interpretive Guidance on the Notion of Direct Participation in Hostilities Department of the Treasury, Office of Foreign Asset Control; Transnational Criminal Organizations Sanctions Program Music: Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)  

If the Wagner Group and two dozen or so similar Russian paramilitary forces are not mercenaries, not PMSCs, not militia or volunteer corps, then what are they? If the term terrorist to too vague and a criminal organization insufficient, then what can we call them that facilitates accountability for their criminal behavior? Maybe, jut calling them criminals is enough. In Part 3 I propose calling them for what they are, criminals. I will follow this in the next and final episode of this series by examining the means and methods to hold these criminals accountable and bring them to justice.   Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. Music: Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, P., Mercenaries, Machinamasound (Licensed) References: Dinstein, Y., Unlawful Combatancy, https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=1312&context=ils Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18, October 1907, Annex, Chapter 1, Article 1 Geneva Convention Relative to the Treatment Of Prisoners of War of 12 August 1949, Article 4    

If Wagner and similar Russian mercenary-like organizations do not meet the internationally accepted criteria for being mercenaries or Private Military and Security Companies, then what are they? This podcast explores the suitability of other terms, including militia, volunteer corps, terrorist, and criminal organizations. The challenge is to find a term that accurately describes what they are in a way that offers the possibility for accountability under the law. Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. (In response to comments received, I am trying to keep each podcast down to about 8 minutes.)   References: Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18, October 1907, Annex, Chapter 1, Article 1 Geneva Convention Relative to the Treatment Of Prisoners of War of 12 August 1949, Article 4   Music: Wagner, R. and the USMC Band, Siegfrieds Funeral (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, J., The Cavalry, Machinamasound (Licensed)

Whether the infamous Wagner continues to exist or not, the problem they created is only growing. There may be more than 30 Russian paramilitary organizations operating across the world, many of them fighting in Ukraine. At least one has a reputation from brutality and criminal conduct rivaling Wagner’s. But what do we call them? They do not fulfil the definition of mercenary in some international conventions, and they are not PMSCs as understood in internationally agreed frameworks or by the UN Working Group on Mercenaries. Holding them accountable under law requires proper definition of what they are and the legal regime to hold them accountable. This problem is the subject of this episode of the Ancient Art of Modern Warfare.   Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with.   Music: Listzt, F. and the USMC Band, Les Preludes (Public Domain) Traditional, The Army Strings, Garryowen (Public Domain) Kiilstofte, P., Mercenaries, Machinamasound (Licensed) References: Article 47, Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-47#:~:text=Article%2047%20%2D%20Mercenaries,-1.&text=A%20mercenary%20shall%20not%20have,or%20a%20prisoner%20of%20war

The presence of Private Security Companies, or PSCs, in conditions of armed conflict continues to be an item of concern to the international community. PSCs seem to blur the distinction between combatants and civilians. They use force, but are not members of the armed forces. Rules for the Use of Force, appropriate to PSC tasks and restrictions under international and local national law, issued by a competent authority and properly enforced, can clarify this murky condition. This episode describes procedures and considerations for developing Rules for the Use of Force relevant to PSCs operating in conditions of armed conflict, post-conflict, and complex emergencies.    Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about drafting RUF came from experience doing that, the wise counsel from experts in the US Department of Justice and the DoD Office of the General Counsel, along with some memorable debates in various international negotiations. Once again, special thanks to the memory of Col. Hays Parks, USMC Ret. Thanks also to Capt. Dennis Mandsager, JAGC USN (Ret.)   Music: Listzt, F. and the USMC Band, Les Preludes (Public Domain) Kiilstofte, P., Mercenaries, Machinamasound (Licensed)   References: The Montreux Document On pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict, available at https://www.eda.admin.ch/eda/en/fdfa/foreign-policy/international-law/international-humanitarian-law/private-military-security-companies/montreux-document.html  Newport Rules of Engagement Handbook, U.S. Naval War College, available at https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law, available at https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449 DODD 5210.56 w C1, Arming and the Use of Force, available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d UN Office of Drugs and Crime, Handbook on the Use of Force by Private Security Companies available at https://www.unodc.org/documents/Maritime_crime/19-02086_Private_Security_Company_Handbook_Maritime_Crime_ebook.pdf

The mission of the US Army is to fight and win our nation’s wars. That, however, is not the only task we ask the Army to perform in potentially hostile environments. Missions such as military support to civil authority, humanitarian assistance missions, and disaster relief are not governed by the law of war, but by human rights law. In this context, military use of force is regulated by Rules for the Use of Force (RUF), rather than the combat-oriented Rules of Engagement (ROE). This episode describes the difference between ROE and RUF, the challenges in drafting RUF that can accomplish peacetime missions and protect our troops, while complying with applicable civilian law regarding use of force and firearms. Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about drafting RUF came from experience doing that, the wise counsel from experts in the US Department of Justice and the DoD Office of the General Counsel, along with some memorable debates in various international negotiations. Once again, special thanks to the memory of Col. Hays Parks, USMC Ret. Thanks also to Capt. Dennis Mandsager, JAGC USN (Ret.) Music: Bagley, E. and The US Army Ceremonial Band, National Emblem, Public Domain Kiilstofte, P., Mercenaries, Machinamasound (Licensed) References: Newport Rules of Engagement Handbook, U.S. Naval War College https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449 CJCSI 33121.01B Standing Rules of Engagement/Standing Rules for the Use of Force, declassified version available at: https://www.esd.whs.mil/Portals/54/Documents/FOID/Reading%20Room/Joint_Staff/20-F-1436_FINAL_RELEASE.pdf DODD 5210.56 w C1, Arming and the Use of Force, available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d

How do rules of engagement promote compliance with the laws of war when those fighting war seem to do so without any basic consideration of humanity? I think that to answer this question, we must revisit the laws and customs of war, sometimes called International Humanitarian Law. This includes understanding that not every act of violence in war is a war crime. Effective ROE is a control to manage the risk that the violence inherent to war does not become an excuse for war crimes. Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. I am not a military lawyer. Everything I know about law of war came from staff judge advocates telling me what I couldn’t do or how to do the things I wanted to do without going to jail. Special thanks to the memory of Col. Hays Parks, USMC Ret. Music: Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709) Kiilstofte, J., The Cavalry, Machinimasound (Licensed) References: The ICRC Casebook, glossary: https://casebook.icrc.org/a_to_z/glossary/war-crimes 18 U.S. Code § 2441 - War crimes Geneva Conventions of 1949: https://ihl-databases.icrc.org/en/ihl-treaties/geneva-conventions-1949additional-protocols-and-their-commentaries Operational Law Handbook, The Judge Advocate General’s Legal Center and School Charlottesville, Virginia, Chapter 5 (2022)

Rules of engagement, or ROE, often get a bad reputation. But what are rules of engagement and why do we need them?  If well constructed, ROE focus military action, manage risk of unintended consequences, such as escalation of the conflict and violations of the law of war, and as an economy of force, by minimizing unproductive action. On the other hand, poorly constructed, complex, or difficult to understand ROE, can result in the death of persons who pose no military threat or can surrender tactical advantages leading to unnecessary loss of friendly lives and mission failure. This episode describes what Rules of Engagement are, how they are constructed, and the important role they serve in modern armed conflict.   Disclaimer: The information in these podcasts is my own opinion and does not represent that of the Department of Defense or any other organization I am or have previously been affiliated with. Music: Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709) Kiilstofte, J., The Cavalry, Machinimasound (Licensed) References: Newport Rules of Engagement Handbook, U.S. Naval War College https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=2998&context=ils Sanremo Handbook on Rules of Engagement, the International Institute of Humanitarian Law https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjdtL7pue-BAxUovokEHS03DrAQFnoECBAQAQ&url=https%3A%2F%2Fiihl.org%2Fsanremo-handbook-rules-engagement%2F&usg=AOvVaw2Mfr7ljzl1-c6EEgmxJCZ2&opi=89978449

It is probable that Russia’s lack of success in Ukraine gives the People’s Republic of China cause for reconsidering any existing plans for an invasion of the Republic of China on Taiwan. Perhaps, using the PRC’s unrestricted war model, they might instead resort to pursuing limited aims that will set conditions for later strategic victory. In other words, limited war. But what is limited war and is limited war even possible in the 21st Century?   Disclaimer: The information in these podcasts is my own opinion and does not represent that of the US Army War College, the Department of Defense, or any other organization I am or have been affiliated with. Music: List: Les Preludes; Abergavenny Symphony Orchestra (Public Domain) Kiilstofte, J., The Cavalry, Machinimasound (Licensed)