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What is the common theme to mercenaries, natural resources, hypersonic missiles, Gaza, and exploding pagers? I can think of several, but in a recent conversation with a colleague of mine, that common thread was challenges to the Law of War, or International Humanitarian Law. Can the notion of the law of war even survive in modern manifestations of armed conflict? I think it can, and it is just as important, if not more so, than in the mythical era of conventional war.

As usual, the views in these podcasts are my own and do not necessarily represent the views of the Department of Defense, any other organization, or any person I am or ever have been associated with.

Music:

• Liszt, Les Preludes, the USMC Band. (Public Domain)
• GarryOwen (Traditional), the Army Strings (Public Domain)

The fighting in the Kursk Oblast is still ongoing, and it would be much to soon to derive any lessons to be learned from this event. This episode picks up from the previous episode, examining how this campaign might offer examples of concepts presented in previous podcasts of the Ancient Art of Modern Warfare. Ukraine continues maneuver warfare at the tactical level, although as of this writing, nothing approaching the level of decisive action. Russia continues its World War I style offensive in the east, while the south has some interesting long-range strikes. The contrast between attrition warfare in the east and maneuver warfare in the north, combined with drones, deep fires, and partisan activity in Russian occupied areas all indicate that no prior form of warfare is obsolescent and all can exist simultaneously with modern techno-warfare.

Reference: (As always) Clausewitz, C, On War, Edited and Translated by Michael Howard and Peter Paret ©1984

Music:

• Holst, G., The Planets: Mars, Bringer of War (Internet Archives)
• The Army Strings, GarryOwen (Traditional) (Public Domain)
• Kilstoffe, P., Freedom Fighters from Machinimasound

The war in Ukraine has taken a very interesting, and I think, exciting turn of events. The advent of combined arms maneuver warfare reminiscent of armored offensives in that region eight decades ago. It is impossible to conduct an in-depth analysis at this time. There is too much going on and we really know little about order of battle or Ukrainian objectives. StilI, I felt the need to talk about this ongoing battle for a several reasons. Most important of these is that it is an example of the type of maneuver warfare that is possible and should be a feature of this war.

Reference: (As always) Clausewitz, C, On War, Edited and Translated by Michael Howard and Peter Paret ©1984

Music:

• Holst, G., The Planets: Mars, Bringer of War (Internet Archives)
• Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

Clausewitz’s descriptions of friction, taken with the often antagonistic interplay among his trinity of passion, policy, and probability, keep war in theory separate from war in practice. How does this look in real war? In this episode, I make my best guess about how friction and chaotic trinity might affect Russia’s “special military operation” in Ukraine.

If you missed the previous two episodes, I recommend that you take the time to do so before listening to this one.

• E97: Friction in War

https://admin5.podbean.com/mayhemxpc/episodes/form/00XlnMhGdsld

• E98: The Paradoxical Trinity of War (and Peace)

https://admin5.podbean.com/mayhemxpc/episodes/form/zpdgaRh85TV2

Reference:

• Clausewitz, C. On War, Book One, Chapter One

(Note that I do not cite a specific publication of On War. I use different translations and the original German. Find a version that work best for you.)

Music:

• Liszt, F. Totentanz; Nebolsin, Eldar(piano), Royal Liverpool Philharmonic Orchestra (Orchestra), Petrenko, Vasily (Conductor) https://www.naxos.com/CatalogueDetail/?id=8.570517  (Chosen because I was looking for chaotic music.)

• The Army Strings, GarryOwen (Traditional) (Public Domain)

Clausewitz wrote that there are three forces at work when a nation goes to war: “unbridled passion,” reason, and the play of chance and probability. Things only work well when each of these is held in equilibrium by the other two. The people, the government, and the military represent these forces and the government should, in theory, maintain that equilibrium. In practice, this never happens. Instead, the interplay among these is random and seemingly chaotic. Each aspect of the nation and the force it represents, must deal with friction within their group and friction from and within the other groups. The pendulum that swings among these power centers is also influenced by external forces including, but certainly not limited to, the enemy. This, with the friction described in the previous episode, adds to the apparent irrationality of war and generates diversions along the path to peace.

Reference:

• Clausewitz, C. On War, Book One, Chapter One

(Note that I do not cite a specific publication of On War. I use different translations and the original German. Find a version that work best for you.)

• Randomly Oscillating Magnetic Pendulum (from the clausewitz.com website.): https://www.clausewitz.com/MP4/romp2.mp4

Music: (Chosen because I was looking for chaotic music.)

• Liszt, F. Totentanz; Nebolsin, Eldar (piano), Royal Liverpool Philharmonic Orchestra (Orchestra), Petrenko, Vasily (Conductor) https://www.naxos.com/CatalogueDetail/?id=8.570517

War is really very simple, but Clausewitz cautioned that by saying that in war, even the simplest thing is difficult, sometime insurmountable. This idea, which he called “Friction” he maintained was the one thing that made war in theory different from war in practice. The elements that create friction in war also apply to the effort to move from war to peace; and the primary source of friction? Human nature.

Music:

Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain)

The Army Strings, GarryOwen (Traditional) (Public Domain)

Kilstoff, Jan, The Cavalry (Licensed)

If the only acceptable outcome of war is a peace, and the only sustainable peace is a just peace, then it is essential to answer the question, “what is peace?” This is a simple question, but without a simple answer. It has been debated from Plato up until the present day. This lack of definition may be one reason why the transition from war to peace is so difficult.

Music:

• Holst, G: The Planets, Mars, the Bringer of War (Internet Archive: https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709)
• Traditional, The Army Strings, Garryowen (Public Domain)
• Wagner, R. and USMC Band, Siegfried’s Funeral March, Public Domain.

Disclaimer: The information in these podcasts is my own analysis and opinion and does not represent the views of the Department of Defense or any organization I am or have been affiliated with.

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)

Wagner is dead, or apparently so. At least the senior leadership of PMC Wagner, along with Wagner himself, Dmitri Utkin. What does this mean? Anyone who says they know is either deluding you or deluding themselves. Although the specifics may be in doubt, I believe that Wagner will continue in some form if not in that name. Prigozhin’s statement from Mali last week is correct. The services Wagner type operations provide to Russian strategic interests are too valuable to set aside.

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:

Wagner, R. and USMC Band, Siegfried’s Funeral March, Public Domain.

Kiilstofte, P., Mercenaries, Machinimasound (Licensed)

Does the recent coup in Niger affect US security interests, or is it just one more coup on a coup plagued continent? Or is it something more than that? Could it be the next campaign in a Hybrid War? If so, who are the contestants?

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:

Liszt, F. and the USMC Band, Les Preludes, Public Domain

Kiilstofte, J., Mercenaries, Machinimasound (Licensed)

Clausewitz wrote that war is an act of violence to force the enemy to do our will. But what is that “will?” A 2019 Rand Study found that there is no official or agreed definition of “will” in the context of warfighting. In this episode, I tackle the question of what will means, why it is important, and the dangers going to war without a national will for victory.

(Note: I am full aware of the title. It just sounded more catchy than "The Will to Fight.")

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:

Holst, G. The Planets: Mars, Bringer of War, Internet Archives, https://archive.org/details/GustavHolstThePlanetsMarsTheBringerOfWar_201709

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

Strategy is the application of ways and means to achieve an end. But what are means? This podcast describes the need to look beyond the weapons and other warfighting platforms to, instead, identify the capabilities needed to fight wars. Weapons systems and other elements of national power are resources to enable those capabilities.

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:

Liszt, F. and the USMC Band, Les Preludes (Public Domian)

Kiilstofte, J., The Cavalry, Machinimasound (Licensed)

What if I told you that civilians can attend the US Army War College? Not US Government employees, but civilians from all walks of life and professions? Two times each year, the Army War College offers that opportunity through its National Security Seminar and Commandant's National Security Program. In this podcast, I describe that program and interview faculty and guests during  Battlefield Staff Ride.

Disclaimer: The information in this podcast is purely my own and does not represent the official position of the US Army War College or the Department of Defense. In keeping with the non-attribution policy of the War College (Chatham House Rules) the names of persons interviewed are withheld.

For official information about these programs, visit: https://ssl.armywarcollege.edu/dde/cnsp/index.cfm

https://usawc.org/commandants-national-security-program-cnsp/

https://www.csl.army.mil/nss/

https://usawc.org/national-security-seminar-nss/

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.)

Sousa, J.P., & The US Amy Ceremonial Band. National Emblem (Public Domain)

The decision whether to help Ukraine is not as black and white as it may appear. Episode 69 described reasons the United States and other nations should help Ukraine. In this episode, I address the other side, reasons why helping Ukraine is either wrong or dangerous. Choosing the right path forward requires us to understand both sides of the argument.

As is the case with all of these podcasts, the views expressed are solely my own and do not represent the Department of Defense, the US Army War College, or any other organization I am associated with.

Music: Wagner, Siegfried Funeral March, recorded by the USMC Band (Public Domain.)

Why does Russia’s invasion of Ukraine affect us, or other nations? Isn’t that a matter between Russia and Ukraine? Isn’t our involvement only risking escalation and perhaps a global war? In short, why should we care? This episode of the Ancient Art of Modern Warfare address the first part, why we should care. The next episode will describe and evaluate reasons for staying out of it.

What is going on in Russia? Has Prigozhin lost his mind? Or is Wagner merely chess pieces being manipulated by a political chess master? I offer this special podcast in the Ancient Art of Modern Warfare to review points from previous podcasts on Wagner and military coups in light of breaking events in Russia. Even if this is all over by the time you see this, it may be worthwhile to look and see where Prigozhin did what was needed for success or where he missed the mark.

Again, the views presented in these podcasts are my own and do not represent any organization I am currently or previously affiliated with.

Music: List: Les Preludes; Abergavenny Symphony Orchestra (Public Domain)

On February 23, 2022, the Russian Federation violated the territorial integrity of Ukraine – for the second time in a decade – calling it a “special military operation.” It certainly looks more like a war, but is it really a war? This podcast looks at the current Russian invasion in light of the definitions of war in Episode 7, which include war in theory, practice, and in international law.

These podcasts do not necessarily represent the views of the Department of Defense, the Army War College, or any other organization I am associated with (but they should!)

Music: Holst, “The Planets: Mars Bringer of War,” downloaded from the Internet Archive https://archive.org/details/lp_holst-the-planets_gustav-holst-leopold-stokowski-los-angeles

(Once again, my move conflicts with proper recording equipment.)

The United States of America is a republic founded on democratic principles. Not a democracy, but a republic. That means that, except in rare circumstances, the citizens do not vote on issues at the national level. Instead, we elect representatives of the people and of the component states of the United States to make those decisions. That does not, however, absolve those citizens for decisions about war, peace, what goes before, and what comes after. This episode addresses the role of the citizenry in national military strategy and how to properly exercise that role.

Music:

Traditional folksong, “Garryowen,” recorded by the U.S. Army Strings

Copland, "Fanfare for the Common Man"

Holst, “The Planets: Mars Bringer of War,” downloaded from the Internet Archive https://archive.org/details/lp_holst-the-planets_gustav-holst-leopold-stokowski-los-angeles

Richard Wagner, “Siegfried Fantasie,” recorded by the USMC Band

Why do we study old battles? Historic examples of strategy help us to understand enduring lessons about why nations win or don’t win wars. But historic battles and campaigns were fought using weapons, tactics, and other technology that have little relevance to modern warfare. What is the value in studying them and if we should, then how should we go about it? This episode describes one technique: the Battlefield Staff Ride.

The views in these podcasts are my own and do not necessarily represent the views of the Department of Defense or any other organization I have been associated with.

Music: Liszt, Les Preludes, perfomed by the USMC Band. Public Domain

In Episode 64, Why Wagner, I said one possible risk associated the Wagner Group is the potential that, like previous elite and ostensibly politically reliable mercenary forces, Wagner could be a threat to the Russian government. But what is the likelihood of that happening? This episode explores how military or paramilitary forces might turn on their own governments in a coup d’état.

Disclaimer: The views in these podcasts are my own and do not represent the official position of any organization I might be affiliated with.

Music: Liszt: Les Preludes, recorded by the USMC Band. Public Domain

In the past few months, Moscow has used the Wagner Group as the centerpiece in recent military operations in Ukraine.  This is very different from how Wagner has been used in Africa. Why is Putin giving a quasi-mercenary organization such a central and visible role in its war with Ukraine? There could be different reasons, each of which present advantages and significant risks: risks for Putin, for Russia, for Ukraine, and for future conflict and conflict resolution.

Music: Liszt, Les Preludes; recorded by the USMC Band. Music and recording in Public Domain.

The difference between war and terrorism is that war is, in theory, governed by international law, whereas terrorism is criminal in nature and execution. So where does that leave the use of mercenaries in modern warfare, and particularly the infamous Wagner Group? Are they terrorists? Are they legitimate combatants? Are they both or something else? Can official designation as a Foreign Terrorist Organization close an accountability gap?

These episodes are not monetized or sponsored, so if you would like these episodes to continue, if you think these are worthwhile, then hit the like button and share the podcast.

For more information see:

The Department of Defense Law of War Manual, 2015

The Lawfare Blog: It’s Time to Designate the Wagner as a Foreign Terrorist Organization, June 30, 2022, https://www.lawfareblog.com/its-time-designate-wagner-group-foreign-terrorist-organization

Music:

Les Preludes: Liszt; Recorded by USMC Band (Public Domain)

Mecenaries: Per Killstofte/Machinasound (Licensed)

If there is one thing that pacifists and generals agree on, it is that war is terrible. The dictionary definition of terrible is “causing terror.” If war, by its very nature, causes terror, then what is the difference between war and terrorism? I explore that in this episode, leading up to the next episode, where I will apply this information to the war in Ukraine. That is the subject of the next few episodes of the Ancient Art of Modern Warfare. If you think these podcasts are worth listening to, please hit like.

Disclaimer: The information in these podcasts is my own analysis and opinion and does not represent the views of the Department of Defense or any organization I am or have been affiliated with.

What if I told you that neither Total War or Limited War reflect reality? Further that the West's concept of limited war only limits the ability of states to achieve the only acceptable goal of any war?

For further reading:

Stoker, Donald, Why America Loses Wars: Limited War and US Strategy from the Korean War to the present, ISBN978-1-009-22086-6

Summers, Harry, , On Strategy ISBN-10 ‏ : ‎ 0891415637

With the current war in Ukraine, it may seem obvious that conventional war is still important. But less than a year ago, many prominent military experts said otherwise. Some writers and opinion leaders still maintain that the current conflict is an exception, an aberration, and focusing on conventional war, or traditional warfare does not prepare us for future conflict. They are wrong.

Twitter and You Tube can present an inaccurate picture of modern warfare. In the previous Podcast, I described how the tank continues to be relevant on the modern battlefield, despite social media images. This same social media depicts Combat aviation of all varieties falling from the sky on a daily basis, without apparent battlefield effect. Col. Jayson Altieri, US Army Retired, and instructor at the US Air War College joins me for an open discussion on the use and misuse of combat aviation in modern warfare.

Video clips show Russian tanks in Ukraine blowing up after being hit by various anti-tank guided missiles. Moscow has lost so many tanks that some reports say they are forced to pull obsolete models from reserve stocks or even museums. The conclusion in popular media is that the tank is dead, obsolete as a weapon of modern combat. I think that the tank is as important today as any time in history. Like all previous times in history, it is a matter of how it is used -- or misused.

Also please check out "No the Tank is Not Dead" by "The Chieftan: at https://www.youtube.com/watch?v=lI7T650RTT8

Russia’s Invasion of Ukraine disproves many recent predictions about the future of war. This includes the predictions about the death of the law of war. The perception of the legitimacy of war depends in large part on seemingly ancient notions of Jus Ad Bellum and Jus in Bello. The war in Ukraine shows that legitimacy, or loss of legitimacy, has serious consequences.

For more information on the material in this podcast see:

“The End of History”: https://www.c-span.org/video/?24282-1/the-end-history-man

“The Laws of War on Land”: https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=B06FB334DC14CBD1C12563CD00515767

“Should the Laws of War Apply to Terrorists?” https://www.jstor.org/stable/25658249

“On the Nature of War”: Helmuth von Moltke: http://www.gwpda.org/1914m/moltke.html

Defense Department Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD Law of War Manual - June 2015 Updated Dec 2016.pdf?ver=2016-12-13-172036-190

"Russia’s military is incompetent. That makes it more dangerous." https://www.washingtonpost.com/outlook/2022/03/17/russia-military-failing-dangerous/

Col. Christopher T. Mayer, US Army Retired, is a former instructor of the US Army Command and General Staff College and the Naval War College, guest lecturer on national security at academic institutions in the United States and Europe, and developed operational and organizational concepts for future warfare. He is a veteran of combat operations in Iraq and peacekeeping operations in Africa and the Balkans.

The primary purpose of any nation’s military force is to fight and win its wars. However, the military instrument of national power does much more than that. Most of those things keep the nation from having to fight wars. US and NATO support to Ukraine provides examples of the non-conflict roles of the military instrument.  

If you think this material is worthwhile, please hit the like button, leave a comment, or share it with someone.

For more information about the role of Mercenaries in war and non-conflict situations please listen to these podcasts in the Ancient Art of Modern Warfare:

Episode 2: Who are these Russian quasi-mercenaries? https://mayhemxpc.podbean.com/e/who-are-these-russian-quasi-mercenaries/

Episode 3: The role of mercenaries in hybrid warfare

https://mayhemxpc.podbean.com/e/the-role-of-mercenaries-in-hybrid-warfare/

Episode 4: Why are Russian PMCs different from Western PMSCs?

https://mayhemxpc.podbean.com/e/why-are-russian-pmcs-different-from-western-pmscs-with-dr-jovana-ranito/

Episode 6: Meeting the Challenge of Russian Private Military Companies

https://mayhemxpc.podbean.com/e/meeting-the-challenge-of-russian-private-military-companies/

Episode 12: Mercenary: What is in a name?

https://mayhemxpc.podbean.com/e/e12-mercenary-whats-in-a-name/

Episode 19: The rise of Quasi-Mercenary Organizations

https://mayhemxpc.podbean.com/e/e19-the-rise-of-quasi-mercenary-organizations/

Since 2014, Moscow has used mercenaries in Ukraine, Syria, Africa, and other places to exert military power without accountability. Although these mercenaries, commonly referred to as the Wagner Group, never left Eastern Ukraine, they are now active again with the Russian invasion. Why? What is their value in a conventional war? What dangers do they present? That is the subject of this episode.

If you find this information useful, please his LIKE or send a comment!

For more information about the role of Mercenaries in war and non-conflict situations please listen to these podcasts in the Ancient Art of Modern Warfare.

Episode 2: Who are these Russian quasi-mercenaries? https://mayhemxpc.podbean.com/e/who-are-these-russian-quasi-mercenaries/

Episode 3: The role of mercenaries in hybrid warfare

https://mayhemxpc.podbean.com/e/the-role-of-mercenaries-in-hybrid-warfare/

Episode 4: Why are Russian PMCs different from Western PMSCs?

https://mayhemxpc.podbean.com/e/why-are-russian-pmcs-different-from-western-pmscs-with-dr-jovana-ranito/

Episode 6: Meeting the Challenge of Russian Private Military Companies

https://mayhemxpc.podbean.com/e/meeting-the-challenge-of-russian-private-military-companies/

Episode 12: Mercenary: What is in a name?

https://mayhemxpc.podbean.com/e/e12-mercenary-whats-in-a-name/

Episode 19: The rise of Quasi-Mercenary Organizations

https://mayhemxpc.podbean.com/e/e19-the-rise-of-quasi-mercenary-organizations/

Russia's use of Militias in the ongoing war has been very different than Ukraine's. The way these militias and auxiliaries act as an element of a nation’s military power will reflect the goals, objectives, and strategic vision of the nation that is using them. The danger is that forces that do not fulfill the criteria of a legitimate belligerent under the law of war undermines disciplined and efficient use of military force and threaten the restoration of a just and lasting peace.