Military command in the last decade

On 11 September 2010, the United States commemorated the ninth anniversary of the 9/11 attacks. In those nine years, British forces have been engaged in military operations of unexpected location, intensity, scale and duration. While the performance of British troops has been repeatedly praised on these operations, there has been growing disquiet among commentators and, indeed, among the military establishment itself about the conduct of these campaigns. Specifically, the issue of British military command has come under increasing scrutiny. This article examines command frictions at the strategic and operational levels and seeks to provide a sociological explanation of these difficulties. It claims that British commanders have failed to identify a coherent strategy over the past decade while in‐theatre operational command has often been characterized by an ad hoc‐ery, incoherence and inconsistency. The article suggests that a ‘laissez faire’ command culture has been evident at strategic and operational levels. While individual mistakes may not be irrelevant, the article explores the way in which this command culture may be a product of institutional pressures within defence and, above all, a product of inter‐service rivalry. However, the laissez faire system of command in the armed forces may also be a reflection of much deeper cultural presumptions and preferences within British professional society itself which has always had a strong tendency towards pragmatism, decentralization and shorttermism. The article concludes by offering some suggestions as to how military command might be reformed in light of its potentially profound cultural origins.     

Understanding the Helmand campaign: British military operations in Afghanistan

British forces are now engaged in a major operation in southern Afghanistan, the outcome of which is likely to be strategically decisive—especially for the configuration and status of Britain's land forces. Although progress seems to have been made, there has been much criticism of the campaign. Through an analysis of the three‐year Helmand mission (Operation Herrick), this article explores whether, for all the improvements in the campaign in terms of resources and numbers of troops, the basic structure of the campaign established in 2006 has endured. Instead of focusing on an ‘ink‐spot’ from which to expand, British forces have tended to operate from dispersed forward operating bases from which they have insufficient combat power to dominate terrain and secure the population. They are consequently engaged in a seemingly endless round of high‐intensity tactical battles which are normally successful in themselves but do not contribute to the overarching security of the province. The analysis explores the way in which this distinctive campaign lay‐down—the preference for dispersal and high‐intensity fighting—may be a reflection of British military culture and its military doctrine. By highlighting potential unacknowledged aspects of the British military profession, the article aims to contribute to debates about the development of the armed forces.     

Breaking the covenant: governance of the British army in the twenty-first century

This article argues that the military covenant between senior army commanders and soldiers is breaking down for two reasons: first, British forces are being engaged in new and controversial wars of choice, putting new and distinct pressures on the covenant; and second because senior military commanders have not fully appreciated the changes to their authority and power in governing the British army. It further suggests that military commanders, central staff and ministers need to acknowledge the scale of the internal challenges to the military covenant and develop appropriate responses. Drawing on examples from gender equality and sexual orientation, allegations of war crimes in Iraq, the military's duty of care and the proposed launch of a British Armed Forces Federation, this article argues that these challenges show that the military leadership has no choice but to rethink its outdated approach to governance of the British army, if it is to remain fi t for purpose. Without appropriate adaptation, army chiefs will have themselves contributed to the breaking of the military covenant, between the army and the individual soldier.     

The military covenant and the civil–military contract in Britain

Is the British civil–military contract strained to breaking point? The contemporary portrayal of British civil–military relations is bleak, with academics, politicians, the media and military charities arguing that military–societal relations are in urgent need of repair. Through assessing the extent to which the reciprocal expectations of the armed forces and the British public are realized, this article will argue that the moral contract, although under stress, is not breaking. Underlying social trends and the use of doctrinal concepts such as the military covenant have, combined with recent operations in Iraq and Afghanistan, altered the expectations of both sides causing tensions within military–societal relations. Yet, while the armed forces do harbour unrealized expectations of the British public who are unwilling or unable to support the use of the military in recent conflicts, neither the public nor the military is so disillusioned with the performance of the other for the relationship to be described as breaking or broken.     

The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

REPRESENTATION IN THE U.S. ARMED FORCES?

On November 8, 1978 several years of activity in the Congress and concern by the Department of Defense culminated in Public Law 95–610 when President Carter signed bill S.274. This law prohibits union organizations of the armed forces, membership in military labor organizations by members of the armed forces, and recognition of military labor organizations by the Government. Severe sanctions can be imposed for violations. Since representation is a broader concept than collective bargaining, P.L. 95–610, even should it survive possible court challenges to its constitutionality, does not settle the basic issues. These issues focus on (1) the changing demography and enlistment rules for the armed forces; (2) the response of the Department of Defense to these changes; and (3) the evolution of the various organizations of present and former military personnel into more union-like activities. This paper addresses the policy implications of the foregoing three factors and suggests approaches compatible with both our military needs and our civilian traditions.     

European private law and the challenge of plural legal subjectivities

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into the private law through national social constitutions like Civil Codes has been far less successful. Abstract legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism.     

International law and the 'war against terrorism'

This article analyses some of the international legal issues arising out of the events of 11 September 2001. Those who perpetrated the attacks on the World Trade Center and the Pentagon were guilty of serious offences under United States law and possibly also under international law. The fact that their conduct was a crime does not, however, preclude it also being a threat to international peace and an armed attack. The author argues that the United States and its allies were entitled to respond to that attack and the threat of future attacks by using force against Al-Qa'ida and that, in the circumstances, it was also legitimate to take military action against the Taliban regime in Afghanistan which had sheltered Al-Qa'ida and permitted it to conduct operations from Afghan territory. The article also examines the application of the laws of armed conflict to the ensuing fighting and the status and treatment of those captured and held at Guantanamo Bay.     

Investigating Empire: Humanitarians,Reform and the Commission of Eastern Inquiry

In the wake of the Napoleonic wars, British debates about colonial rule and, in particular, the treatment of subject peoples brought practical, financial and religious concerns together. As a means of addressing these problems, the British government despatched a series of travelling commissions to survey and reform the governance of its empire. British-based humanitarians and abolitionists drew on anxieties about the corrupting influence of empire on metropolitan society to press for commissions as vectors of imperial probity; their colonial counterparts harnessed the commissions' authority to inform and persuade a metropolitan audience of the need for specific colonial reforms. This article explores humanitarian attempts to influence colonial and imperial policy by considering the Commission of Eastern Inquiry, appointed in 1822 to investigate successively the Cape Colony, Mauritius and Ceylon. The Commission's history underscores links between networks of metropolitan and colonial humanitarians, and between anti-slavery activists and supporters of indigenous rights.     

Abolish the army? The ideal of democracy and the transformation of the Czechoslovak military after 1918 and 1989

This article deals with the relationship between the democratic transformations in Czechoslovakia after 1918 and 1989 and the armed forces. The democratic ideal of transformation seemed to be alien to the military institution, which upheld the old regime and paradigmatically represented undemocratic patterns of governance. In order to accommodate the popular demand to ‘abolish’ the army, the new political elite strived to initiate an institutional transformation that would re-legitimize the armed forces. Whereas after 1918 the military improved its reputation by changing into a ‘school of nation’, after 1989 the military, expected to become fully professional, went through a period in which its inner organisational culture was liberalized and personal freedoms of the soldiers were strengthened. The decline of previous authorities and the rise of civic self-confidence connected to the process of democratisation also led to the demoralisation of the soldiers. The liminal phase of military transformation was marked by the experience of the first ‘post-war war’, the Czechoslovak-Hungarian War in 1919 and the Gulf War in 1991, which indicated the needs of the new security environment and gave the idealistic thinking about the democratic military a touch of reality.     

Lessons from Helmand,Afghanistan: what now for British counterinsurgency?

This article analyses the conduct of British operations in Helmand between 2006 and 2010 and discusses the implications for the legacy and future of British counterinsurgency. A number of lessons stand out: first, competence in the field of counterinsurgency is neither natural nor innate through regimental tradition or historical experience. The slow adaptation in Helmand—despite the opportunity to allow the Basra experience to be a leading example of the need for serious changes in training and mindset—is an indication that the expertise British forces developed in past operations is but a distant folktale within the British Armed Forces. Substantially changed training, painful relearning of counterinsurgency principles and changed mindsets are therefore necessary to avoid repeated early failures in the future. Moreover, despite eventually adapting tactically to the situation and task in Helmand, the British Armed Forces proved inadequate in dealing with the task assigned to them for two key reasons. First, the resources of the British military are simply too small for dealing with large‐scale complex engagements such as those in Helmand or southern Iraq. Second, the over‐arching comprehensive approach, and especially the civilian lines of operations that underpinned Britain's historical successes with counterinsurgency, are today missing.     

中共十三届四中全会以来军队和国防建设发展历程及经验

中国共产党十三届四中全会以来,第三代中央领导集体科学地分析了国际国内形势,确立了我国军队建设的指导思想是“政治合格、军事过硬、作风优良、纪律严明、保障有力”。1995年以来,中央军委进一步提出要坚持党对军队的绝对领导,始终把思想政治建设摆在全军各项建设的首位;实施科技强军战略,走有中国特色的精兵之路;坚持依法从严治军,加强部队管理;把军队和国防建设纳入国家总体战略,使之协调发展;依靠人民建设国防,做好新时期战争动员准备。这些方针政策的实施,使我国军队和国防建设实现了历史性的跨越。     

The Other Allies: Military Security,National Allegiance,and the Enlistment of ‘Friendly Aliens’ in the Australian Armed Forces, 1939–45

Abstract

This article investigates military security attitudes toward the enlistment of ‘friendly aliens’ in the Australian armed forces during the Second World War. Employing of?cial correspondence of the period, the study positions contemporary debates regarding the enlistment of Allied nationals from Axis-occupied countries within the context of Australian conceptions of race, British nationality, and national allegiance. It is argued that, while British practice was in?uential and uniformity of Imperial policy was a desired objective, the unique concerns of Australian security, the domestic relationship between citizenship and military service, and the White Australia policy combined to determine the nature and application of Australian security attitudes in this area. In certain cases, these factors exercised severely negative impacts upon ‘friendly aliens’ who volunteered for service in the Australian armed forces.     

‘More Hateful because of its Hypocrisy’: Indians,Britain and Canadian Law in the Komagata Maru Incident of 1914

Recent remembrance and memorialisation of the Komagata Maru incident of 1914 has neglected the global and imperial implications of the incident, as well as the role that direct actions by the Indian passengers and Indians in Vancouver took against Canada’s discriminatory law. While the legal loss the passengers suffered could be regarded as simply tragic, the implications for the British Empire behind the Komagata Maru incident are more complex. More than just a legal battle between would-be Indian migrants and the Vancouver immigration authorities, the incident is a highly visible clash of two different understandings of the British imperial legal system. In contrast to any view that imperial harmony and the rights of all its subjects should supersede local concerns within the empire, Canadian immigration and legal officials instead viewed their rights as a self-governing dominion to make and pass their own laws (particularly around areas of racial desirability) as more important than issues of imperial membership, loyalty or harmony. The British government’s decision, in turn, not to contradict Canada’s eventual ruling against the Komagata Maru passengers and the decision to deport them, exposed the legal hierarchies of supposed imperial belonging, citizenship and ‘British liberty’ in the empire at a critical moment in the early twentieth century. What the incident highlighted, then, was an increasing legal distinction between settler colonies and colonies of exploitation within the empire.     

Britain's coalition government and EU defence cooperation: undermining British interests

The formation of a coalition government by the Conservatives and Liberal Democrats, combined with the need for important cuts to Britain's armed forces has raised significant uncertainties about Britain's attitude to defence cooperation within the European Union. Since taking office the coalition, while grappling with the implications of Britain's fiscal challenges, has shown an unprecedented interest in strengthening bilateral defence collaborations with certain European partners, not least France. However, budgetary constraints have not induced stronger support for defence cooperation at the EU level. On the contrary, under the new government, Britain has accelerated its withdrawal from the EU's Common Security and Defence Policy (CSDP). This article assesses the approach of the coalition to the CSDP. It argues that, from the perspective of British interests, the need for EU defence cooperation has increased over the last decade and that the UK's further withdrawal from EU efforts is having a negative impact. The coalition is undermining a framework which has demonstrated the ability to improve, albeit modestly, the military capabilities of other European countries. In addition, by sidelining the EU at a time when the UK is forced to resort more extensively to cost‐saving synergies in developing and maintaining its own armed forces, David Cameron's government is depriving itself of the use of potentially helpful EU agencies and initiatives—which the UK itself helped set up. Against the background of deteriorating European military capabilities and shifts in US priorities, the article considers what drove Britain to support EU defence cooperation over a decade ago and how those pressures have since strengthened. It traces Britain's increasing neglect of the CSDP across the same period, the underlying reasons for this, and how the coalition's current stance of disengagement is damaging Britain's interests.     

‘[A] Mere Cloak for their Proud Contempt and Antipathy towards the African Race’: Imagining Britain’s West India Regiments in the Caribbean, 1795–1838

This article examines opposition to the creation and presence of the West India Regiments in Britain’s Caribbean colonies from the establishment of these military units in the mid-to-late 1790s to the formal ending of slavery in the region. Twelve regiments were originally created amid the twin crises associated with Britain’s struggle with Revolutionary France and the horrendous losses to disease suffered by British forces in the Caribbean. Their rank-and-file were comprised mainly of men of African descent, most of whom had been bought by the British Army from slave traders or, after the abolition of the British slave trade in 1807, recruited from among people ‘liberated’ by the Royal Navy. While there was nothing new in using men of African descent, free and enslaved, in the service of the European empires in the Americas, such enrolments had tended to be for fixed or limited periods. Thus, the establishment of the West India Regiments as permanent military units, whose soldiers were uniformed, armed and trained along European lines, was unprecedented—and bitterly opposed by West Indian colonists. Indeed, although white West Indians were concerned about the protection of the colonies from both external and internal foes, they were highly sceptical about whether arming (formerly) enslaved people of African descent would serve to promote their security or might, in fact, imperil the system of racial slavery on which they relied.

The tensions arising from the establishment of the West India Regiments have been examined by other historians. However, much of the previous focus has been on the political conflict between the British authorities and local colonial legislatures, and on legal challenges to the regiments, especially during the early years of their existence. In contrast, this article takes a wider view of opposition to the regiments over a longer period up to the formal ending of slavery. In so doing, it examines how the regiments’ rank and file were viewed by white West Indians and the deep anxieties this reveals among colonists. The article also considers the efforts made by the regiments’ proponents and commanders to promulgate more favourable images of black soldiers, images that became more prominent by the 1830s. The more general argument is that this struggle around how the West India Regiments’ rank and file should be viewed was part of a broader ‘war of representation’ over the image of ‘the African’ during the age of abolition.     

The Use of Armed Forces in Law Enforcement: Legal,Constitutional and Political Issues in Australia

In Western democracies armed forces perform a variety of internal functions. This paper examines the principles and issues relating to the use of the Australian Defence Force in the enforcement of law against individual citizens and aliens. This function is normally the responsibility of the police but there are pressures in Australia and overseas for the wider use of armed forces in this field. Traditional restraints on the employment of armed forces in this capacity date back to parliamentary resistance to the power of the Crown. Several barriers, constitutional, legal and institutional, have developed to ensure that the executive cannot easily abuse its necessary control over the armed forces in a way that endangers civil liberties. While there is no serious danger of such abuse at present, several issues need to be monitored.     

The defence dilemma in Britain

The UK faces a pressing defence dilemma. The declaratory goals of defence policy are struggling to match the demands made by operational commitments and the financial and organizational capacities. The article examines how and why this situation has come about. While recognizing that existing calls for higher defence spending, reform of the Ministry of Defence, efficiency gains or a renewal of the so‐called military covenant between the military and society may address discrete elements of the defence dilemma in Britain, it argues that current problems derive from a series of deeper tensions in the nexus of British defence more widely defined. These include a transnationalization of strategic practice, in ways that both shape and constrain the national defence policy process; the institutional politics of defence itself, which encourage different interpretations of interest and priority in the wider strategic context; and finally the changing status of defence in the wider polity, which introduces powerful veto points into the defence policy process itself. It argues that while a series of shocks may have destabilized existing policy, prompted ad hoc organizational adaptation in the armed forces and led to incremental cost saving measures from the government, a ‘dominant crisis narrative’—in the form of a distinctive and generally agreed programme of change—has yet to emerge. The article concludes by looking forward to a future strategic defence review, highlighting the critical path dependencies and veto points which must be addressed if transformative change in British defence is to take place.     

A Technocratic Vision of Empire: Lord Montagu and the Origins of British Air Power

This article advances the existing literature on British imperial aeronautics by explaining how Lord John Montagu’s extensive collaboration with military and government officials during the first decades of powered flight expanded the global distribution of the air forces and anticipated their important later role in facilitating international communication and security. In reconsidering problems of conquest and governance through an aeronautical perspective, Montagu strengthened critical junctures between British civil and military affairs, while his innovative employment of the new technology also complicated divisions between the metropolis and periphery in ways that would intensify the destructiveness of modern warfare across the planet.     

Stuck in the past? British views on the Spanish army’s effectiveness and military culture, 1946–1983

After the Civil War the Spanish army functioned as a guardian of domestic order, but suffered from antiquated material and little financial means. These factors have been described as fundamental reasons for the army’s low potential wartime capability. This article draws on British and German sources to demonstrate how Spanish military culture prevented an augmented effectiveness and organisational change. Claiming that the army merely lacked funding and modern equipment, falls considerably short in grasping the complexities of military effectiveness and organisational cultures, and might prove fatal for current attempts to develop foreign armed forces in conflict or post-conflict zones.