The eyes have it…

The Disorder of Things has hosted a symposium on Antoine Bousquet‘s The eye of war: military perception from the telescope to the drone (Minnesota UP, 2018).  Antoine’s introduction is here.

There were four other participants, and below I’ve linked to their commentaries and snipped extracts to give you a sense of their arguments: but it really is worth reading them in full.

Kate Hall‘Linear Perspective, the Modern Subject, and the Martial Gaze’

For Bousquet this future of globalised targeting that the birth of linear perspective has brought us to throws the role of the human into question. With the move of perception into the realm of the technical, Bousquet sees that perception has become a process without a subject, and as human agency is increasingly reduced, so does the possibility for politics – leading, perhaps much like the concerns of the Frankfurt School, to passivity and a closing of the space of critique. For Bousquet the figure that captures this positioning or transformation of the human, and the image that ends the book, is the bomber instructor recording aircraft movement within a dark camera obscura tent. As Bousquet concludes, “…the camera obscura’s occupant is both a passive object of the targeting process and an active if compliant agent tasked with the iterative process and optimization of its performance. Perhaps this duality encapsulates the martial condition we inhabit today, caught between our mobilization within the circulatory networks of the logistics of perception and the roving crosshairs of a global imperium of targeting – and all watched over by machines of glacial indifference.” 

If this is the figure that encapsulates the condition of the present, Bousquet has shown in Eye of War how its foundations are found in the early modern period. And in tracing this history, it is clear the future does not look promising for humans (both as passive subjects and as objects of lethal surveillance). But Bousquet does not give us a sense of how we might change course. Eye of War does not ask, where is the space for politics in this analysis of the present?

Dan Öberg‘Requiem for the Battlefield’

While the culminating battle of the Napoleonic wars, Waterloo, was fought at a battlefield where 140,000 men and 400 guns were crammed into an area of roughly 3,5 miles, the latter half of the 19th century becomes characterised by the dispersal and implosion of the battlefield. As Bousquet has directed our attention to in his work, after the birth of modern warfare the battlefield dissolves due to the increased range of weapons systems. Its disappearance is also facilitated by how the military logistics of perception conditions the appearances of targets, particularly through how the “eye of war” manages to move from the commander occupying a high-point next to the field of battle, to being facilitated by balloons, binoculars, aerial reconnaissance, satellites, algorithms, and cloud computing. It is as part of this process we eventually reach the contemporary era where targeting is characterised by polar inertia, as targets arrive as digital images from anywhere on the globe in front of a stationary targeteer. However, I would like to argue that, parallel to this, there is a corresponding process taking place, which erases and remodels the battlefield as a result of the military disposition that is born with the operational dimension of warfare.

To grasp this disposition and its consequences we need to ponder the fact that it is no coincidence that the operational dimension emerges at precisely the time when the traditional battlefield is starting to disappear. As The Eye of War outlines, global targeting is enabled by a logistics of perception. However, the demand for maps and images as well as the attempts to make sense of the battlefield arguably receives its impetus and frame of reference from elsewhere. It finds its nexus in standard operating procedures, regulations, instructions and manuals, military working groups, administrative ideals, organisational routines, and bureaucratic rituals. And, as the battlefield is managed, coded, and homogenised, it simultaneously starts to become an external point of reference, enacted through operational analysis and planning far from the battlefield itself.

Matthew Ford‘Totalising the State through Vision and War’

The technologies of vision that Antoine describes emerge from and enable the political and military imaginaries that inspired them. The technological fix that this mentality produces is, however, one that locks military strategy into a paradox that privileges tactical engagement over identifying political solutions. For the modern battlefield is a battlefield of fleeting targets, where speed and concealment reduce the chance of being attacked and create momentary opportunities to produce strategic effects (Bolt, 2012). The assemblages of perspective, sensing, imaging and mapping, described in The Eye of War may make it possible to anticipate and engage adversaries before they can achieve these effects but by definition they achieve these outcomes at the tactical level.

The trap of the martial gaze is, then, twofold. On the one hand, by locking technologies of vision into orientalist ways of seeing, strategies that draw on these systems tend towards misrepresenting adversaries in a manner that finds itself being reproduced in military action. At the same time, in an effort to deliver decisive battle, the state has constructed increasingly exquisite military techniques. These hold out the prospect of military success but only serve to further atomise war down tactical lines as armed forces find more exquisite ways to identify adversaries and adversaries find more sophisticated ways to avoid detection. The result is that the military constructs enemies according to a preconceived calculus and fights them in ways that at best manage outcomes but at worst struggle to deliver political reconciliation.

Jairus Grove, ‘A Martial Gaze Conscious of Itself

If we take the assemblage and the more-than-human approach of Bousquet’s book seriously, which I do, then we ought not believe that the dream of sensing, imaging, mapping, and targeting ends with the intact human individual. As an early peak at what this could become, consider Bousquet’s review of the late 1970’s research on ‘cognitive cartography’ and the concern that human technology would need to be altered to truly take advantage of the mapping revolution. More than the development of GIS and other targeting technologies, the dream of cognitive mapping and conditioning was to manage the complex informatics of space and the human uses of it from the ground up. That is in the making of user-friendly human subjects. One can image targeting following similar pathways. The “martial gaze that roams our planet” will not be satisfied with the individual any more than it was satisfied with the factory, the silo, the unit, or the home.

The vast data revolutions in mapping individual and collective behavior utilized in the weaponization of fake and real news, marketing research, fMRI advances and brain mapping, as well nanodrones, directed energy weapons, and on and on, suggest to me that just as there has never been an end of history for politics, or for that matter war, there will be no end of history or limit to what the martial gaze dreams of targeting. I can imagine returns to punishment where pieces of the enemy’s body are taken. Jasbir Puar’s work on debility suggests (see our recent symposium) already suggests such a martial vision of the enemy at play in the new wars of the 21st century. Following the long tails of Bousquet’s machinic history, I can further imagine the targeting of ideas and behaviors for which ‘pattern-of-life’ targeting and gait analysis are use are only crude and abstract prototypes.

If we, like the machines we design, are merely technical assemblages, then the molecularization of war described by Bousquet is not likely to remain at the level of the intact human, as if individuals were the martial equivalent of Plank’s quanta of energy. The martial gaze will want more unless fundamentally interrupted by other forces of abstraction and concretization.

Antoine‘s response is here.

Lots to think about here for me – especially since one of my current projects on ‘woundscapes‘ (from the First World War through to the present) is located at the intersection of the military gaze (‘the target’) and the medical gaze (‘the wound’) but rapidly spirals beyond these acutely visual registers, as it surely must….  More soon!

Selling War

When there were endless real bookshops for me to haunt, I lost count of the number of times I’d take a book from the shelf, seduced by its lead title, only to put it back once I saw what came after the colon.   But that isn’t always a fail-safe strategy, and I’ve received news of a new book by Alex Fattawhere that really wouldn’t be smart.  Guerrilla Marketing has a relevance far beyond Colombia (interesting and important though that is in its own right):

Brand warfare is real. Guerrilla Marketing details the Colombian government’s efforts to transform Marxist guerrilla fighters in the FARC into consumer citizens. Alexander L. Fattal shows how the market has become one of the principal grounds on which counterinsurgency warfare is waged and postconflict futures are imagined in Colombia. This layered case study illuminates a larger phenomenon: the convergence of marketing and militarism in the twenty-first century. Taking a global view of information warfare, Guerrilla Marketing combines archival research and extensive fieldwork not just with the Colombian Ministry of Defense and former rebel communities, but also with political exiles in Sweden and peace negotiators in Havana. Throughout, Fattal deftly intertwines insights into the modern surveillance state, peace and conflict studies, and humanitarian interventions, on one hand, with critical engagements with marketing, consumer culture, and late capitalism on the other. The result is a powerful analysis of the intersection of conflict and consumerism in a world where governance is increasingly structured by brand ideology and wars sold as humanitarian interventions.

Full of rich, unforgettable ethnographic stories, Guerrilla Marketing is a stunning and troubling analysis of the mediation of global conflict.

The resonance of Guerilla Marketing clearly transcends its subtitle, as this tantalising extract makes clear:

Total mobilization is no longer a matter of a fluid transition from peace to war, but a matter of the continual co-presence of the two in a hot peace in which everywhere is always a potential scene of violence.  As commentators frequently note, the Global War on Terror is unbounded in scope and duration, an unending concatenation of episodes that render the world a battlefield from Waziristan, which has borne the brunt of drone warfare, to suburban Watertown, Massachusetts, in the wake of the Boston Marathon bomb attacks of 2013. What connects sites as disparate as Waziristan and Watertown is not only the War on Terror but marketing as a system of global provisioning that is productive of affective attachments. I borrow the idea of affect as a form of infrastructure from anthropologist Joseph Masco, who deftly teases out continuities between the Cold War and the War on Terror. For Masco, this affective infrastructure is built by the national security state, expansive in the wake of the “ongoing injury” of the September 11 attacks.  “Affect,” Masco writes, “becomes a kind of infrastructure for the security state, creating the collective intensities of feeling necessary to produce individual commitments, remake ethical standards, and energize modes of personal, and collective, sacrifice.”

The layering of national security affect, primarily paranoia and fear, I argue, cannot be separated from the aspirational affect of consumer culture, for the two have coevolved. At the height of the Cold War, for instance, advertisements pitched “Luxury Fall- Out Shelters” to people who would prefer to wait out a nuclear apocalypse in comfort. Such advertisements normalized the very idea of nuclear warfare and the paranoia it generated. Similarly, George W. Bush’s call on Americans to go shopping one week after September 11, 2001, mobilized consumption as a means of coping with the Global War on Terror. I take as given the idea, demonstrated by historical accounts of the coevolution of marketing and warfare in the twentieth century, that marketization and militarization are deeply interpenetrated. I am fascinated by how their convergence shapes an affective mode of governance in the early twenty-first century, a moment when simmering fears of an everywhere war and the rising aspirations of the global middle classes expand in tandem. It is more than a little curious that in the 2000s, just as war diffused further into everyday life, everything—nations, militaries, cities, universities, individual selves— became brands.

The language of the convergence of marketing and militarism is revealing. Targeting, for example, serves as a switch that connects the marketing nation and the security state. As marketers study, segment, and create new publics to target, the military compiles lists of targets to monitor and, at the right moment, destroy. A drive toward ever- greater precision unites both practices of targeting. Each year marketers improve their ability to micro- target tightly defined demographic groups by tracking users across the internet with algorithmic intelligence.  Similarly the military, through the use of special forces and drone warfare, creates micro-kill zones. In the words of Grégoire Chamayou, a French theorist of drone warfare, “The zone of armed conflict, having been fragmented into miniaturizable kill boxes, tends ideally to be reduced to the single body of the enemy-prey”— modern warfare as hunting. Whether it’s data capitalism’s drive to psychologically profile individual consumers or the whack- a-mole logic of twenty-first-century counterinsurgency, this scaling down to the individual approaches a vanishing point: advertising as nonadvertising, war as nonwar. Neither negation is neutral, nor is their entanglement haphazard. To the contrary, I would like to suggest that in this double negation there lies a key to understanding the state of the relationship between war and capitalism in the early twenty- first century.

Enter the double meaning of this book’s title, guerrilla marketing, which in business parlance is code for a bundle of tactics, most of which seek to invisibilize the sales pitch. Tom Himpe, an advertising intellectual, describes this tendency as “advertising that blends in seamlessly with real entertainment, real events or real life to the extent that it is not possible to tell what is advertising and what is not.”  Drawing upon the legacy of guerrilla warfare as articulated by Che Guevara and Mao Zedong, guerrilla marketing draws its strength from camouflage. But marketing’s camouflage aspires not merely to blend into the background but to act upon it. Branding, I argue, operates as an activist form of camouflage that seeks to subtly transform the environment. As an instrument of total mobilization, brands have proved to be modular weapons of productive persuasion, from the black flag of ISIS and its calls to mobilize individuals alienated from the West to a real estate mogul’s use of brand strategies to bluster his way to the White House. As an emergent phenomenon of extraordinary political consequence, brand warfare is ripe for critical analysis.

Since Guerilla Marketing comes from a US publisher (Chicago UP) the paperback is not pitched at a silly-extortionate price; there’s an e-book too.  More here.

Global Bootprints

The remarkable Costs of War project at Brown has just released this map of US military deployments in pursuit of counterterrorism operations overseas in 2017-18.  You can download the pdf here.

As the lead author Stephanie Savell explains, even though the contours and calibrations are conservative, the results show that the US military is actively engaged in 80 nations on six continents:

Less than a month after the September 11 terrorist attacks on the United States, U.S. troops—with support from British, Canadian, French, German and Australian forces—invaded Afghanistan to fight Al Qaeda and the Taliban. More than 17 years later, the Global War on Terrorism initiated by President George W. Bush is truly global, with Americans actively engaged in countering terrorism in 80 nations on six continents.

This map is the most comprehensive depiction in civilian circles of U.S. military and government antiterrorist actions overseas in the past two years. To develop it, my colleagues and I at Brown University’s Costs of War Project at the Watson Institute for International and Public Affairs, along with Smithsonian magazine, combed through U.S. and foreign government sources, published and unpublished reports, military websites and geographical databases; we contacted foreign embassies in the U.S. and the military’s United States Africa Command; and we conducted interviews with journalists, academics and others. We found that, contrary to what most Americans believe, the war on terror is not winding down—it has spread to more than 40 percent of the world’s countries. The war isn’t being waged by the military alone, which has spent $1.9 trillion fighting terrorism since 2001. The State Department has spent $127 billion in the last 17 years to train police, military and border patrol agents in many countries and to develop antiterrorism education programs, among other activities.

This map can usefully be compared with David Vine‘s heroic cartography of US military bases (from 2015) which I discuss in detail here.

If you want more detail on US deployments in Africa, then the indefatigable Nick Turse has an excellent survey at the Intercept here.

As Nick notes, the ‘light footprint’ claimed for US Africa Command (AFRICOM) in briefing documents (above) resolves into a vast network of bases across the continent.

You can find more in Adam Moore and James Walker‘s “Tracing the US military’s presence in Africa” in Geopolitics 21 (2016) 686-716 (also via ssrn here)  The essay includes this map of drone bases and operational ranges which usefully makes the point that the US military presence is scarcely confined to the pinprick presence of those bases but radiates from each of them:

On which note, I also recommend Jolle Demmers and Lauren Gold, ‘An assemblage approach to liquid warfare: AFRICOM and the ‘hunt’ for Joseph Kony’, Security Dialogue 49 (5) (2018) 364-81.

Project(ion)s

Happy New Year!  With this, as with so much else, I’m late – but the greeting is none the less sincere, and I’m grateful for your continued interest and engagement with my work.

I’ve resolved to return to my usual pace of blogging in 2019; it slowed over the last several months, not least because I’ve been deep in the digital archives (apart from my merciless incarceration in Marking Hell and my release for Christmas).

My plan is to finish two major essays in the next couple of months, one on “Woundscapes of the Western Front” and the other the long-form version of my Antipode Lecture on “Trauma Geographies” (see also here). Both have involved close readings of multiple personal accounts of the journeys made (or not made) by the wounded, and the first essay informs the second, as you can see here.

I also want to bring together my research on attacks on hospitals, casualty clearing stations and aid posts during the First World War in a third essay – I’ve been talking with the ICRC about this one.  Paige Patchin managed to track down a series of files on the Etaples bombings in the National Archives for me, including an astonishing map plotting the paths of the enemy aircraft and the locations of the bombs: I’ll share that once I’ve managed to stitch together the multiple sheets.  But I’ve widened the analysis beyond the attacks on base hospitals on the coast, to include other attacks – notably the bombing of the hospital at Vadelaincourt near Verdun – and a more general discussion of the protections afforded by the Red Cross flag and the Hague Conventions.

This will in turn thread its way into a fourth essay providing a more comprehensive view on violations of what I’ve called ‘the exception to the exception’: the disregard for the provisions of International Humanitarian Law evident in the attacks on hospitals and clinics in Afghanistan, Gaza, Syria and elsewhere, in short “The Death of the Clinic“.

That project interlocks with my developing critique of Giorgio Agamben‘s treatment of the “space of exception”.  In brief:

  • I think it’s a mistake to treat the space of the camp as closed (there is a profoundly important dispersal to the space of exception, evident in the case of Auschwitz that forms the heart of Agamben’s discussions – I’m thinking of the insidious restrictions on the movement of Jews in occupied Europe, the round-ups in Paris and other cities (see my lecture on Occupied Paris under the TEACHING tab), and the wretched train journeys across Europe to Poland – and this matters because if we don’t recognise the signs of exception at the peripheries they will inexorably be condensed inside the enclosure of the camp).
  • It’s also unduly limiting to restrict the space of exception to the camp, because the war zone is also one in which people are knowingly and deliberately exposed to death through the removal of legal protocols that would otherwise have offered them protection (and here too what Frédéric Mégret calls ‘the deconstruction of the battlefield‘ emphasises the complex topology of the exception).  I’ve written about this in relation to the Federally Administered Tribal Areas of Pakistan (see “Dirty Dancing” under the DOWNLOADS tab) and the conduct of siege warfare in Syria (multiple posts, listed under the GUIDE tab), but it’s a general argument that I need to develop further).

  • In neither case – camp or war zone – is there an absence of law; on the contrary, these spaces typically entail complex legal geographies, at once national and – never discussed by Agamben – international (though part of my argument addresses the highly selective enforcement of international humanitarian law and the comprehensive contemporary assault on its provisions by Russia and Syria and by the United States, Israel and the UK, amongst others).

  • In both cases, too, the space of exception is profoundly racialised (I’ve written about that in relation to the bombing of Japan in World War II and the contemporary degradations inflicted on prisoners at Abu Ghraib and Guantanamo  – you can find the relevant essays under the DOWNLOADS tab – but I’ve found Alexander WeheliyeHabeas Viscus: Racializing Assemblages, Biopolitics, and Black Feminist Theories of the Human immensely helpful in deepening and generalising the argument).

I’ll be developing these arguments in my KISS Lecture at Canterbury in March, which ought to form the basis for a fifth essay (and it’s also high time I revisited what I said in “The everywhere war”!).

More on those projects soon, all of which will feed in to two new books (once I’ve decided on a publisher – and a publisher has decided on me), but in the interim I’ll be sharing some of the drafts and jottings I’ve prepared en route to the finished essays.

So lots to keep my busy, and I hope you’ll continue to watch this space – and, as always, I welcome comments and suggestions.

Disappearing War

Out last month, but I’ve only just caught up with it, a collection of essays edited by Christina Hellmich and  Lisa PurseDisappearing War: Interdisciplinary Perspectives on Cinema and Erasure in the Post-9/11 World (Edinburgh University Press):

The battles fought in the name of the “war on terror” have re-ignited questions about the changing nature of war, and the experience of war for those geographically distant from its real world consequences. What is missing from our highly mediated experience of war? What are the intentional and unintentional processes of erasure through which the distortion happens? What are their consequences?
Cinema is a key site at which questions about our highly mediated experience of war can be addressed or, more significantly, elided. Looking at a range of films that have provoked debate, from award-winning features like Zero Dark Thirty and American Sniper, to documentaries like Kill List and Dirty Wars, as well as at the work of visual artists like Harun Farocki and Omer Fast, this book examines the practices of erasure in the cinematic representation of recent military interventions. Drawing on representations of war-related death, dying and bodily damage, this provocative collection addresses ‘what’s missing’ in existing scholarly responses to modern warfare; in film studies, as well as in politics and international relations.

Here’s the Contents list:

1. Introduction: Film and the epistemology of war, Christina Hellmich & Lisa Purse
2. Good Kill? U.S. soldiers and the killing of civilians in American film, Cora Sol Goldstein
3. ‘5000 feet is the best’: drone warfare, targets, and Paul Virilio’s ‘accident’, Agnieszka Piotrowska
4. Post-heroic war / the body at risk, Robert Burgoyne
5. Disappearing bodies: visualising the Maywand District murders, Thomas Gregory
6. The unknowable soldier: the face of Freddie Quell, James Harvey-Davitt
7. Visible dead bodies and the technologies of erasure in the war on terror, Jessica Auchter
8. Ambiguity, ambivalence and absence in Zero Dark Thirty, Lisa Purse
9. Invisible war: broadcast television documentary and Iraq, Janet Harris
10. Nine cinematic devices for staging (in)visible war and the (vanishing) colonial present, Shohini Chaudhuri
11. Afterword: Reflections on knowing war, Christina Hellmich

The Grim Reaper

Peter Lee‘s Reaper Force has just been published in the UK – later in North America.  I’ve argued before that it’s a mistake to abstract drones from other forms of aerial violence (and its history) and to treat it as the only modality of later modern war, but there is no doubt that Reaper Force is an important contribution to the critical analysis of  today’s remote warfare.  Peter won a remarkable degree of co-operation from both the Ministry of Defence and the RAF for his interviews with the crew of Britain’s Reapers – largely a result of the security clearance obtained when he was an RAF Chaplain – and the result is a series of rich and compelling stories:

This unique insight into RAF Reaper operations in Afghanistan, Iraq and Syria is based on unprecedented research access to the Reaper squadrons and personnel at RAF Waddington in Lincolnshire and Creech Air Force Base in Nevada, USA. The author has observed lethal missile strikes against Islamic State jihadists in Syria and Iraq alongside the crews involved. He has also conducted extensive interviews with Reaper pilots, sensor operators, mission intelligence coordinators, and spouses and partners. The result is an intimate portrait of the human aspect of remote air warfare in the twenty-first century.

Chris Cole trails the book over at Drone Wars UK with a lively interview with Peter – focusing, in part, on the question of civilian casualties – and there’s also an extended review by Joe Chapa (a major in the USAF) over at War on the Rocks:

The force of Lee’s contribution is not primarily in the raising of familiar issues about distance and psychology. Instead, by focusing on individual crewmembers and preserving personal narrative, Reaper Force brings to the fore a set of questions that have not yet been adequately addressed.

For example, no other work of which I am aware properly depicts the Reaper crew in the appropriate set of command relationships within the broader warfighting organizational structure. Many arguments about Reaper crews’ level of involvement in mission-critical decisions tend either to assume that the crew is so autonomous that they can carry out atrocities without accountability or that the command chain hierarchy is so suffocating that they have no choices to make and are in need of no moral courage from which to make them. The reality that comes through Lee’s narrative is more complicated. Often, the Reaper crew — indeed the whole coalition air component — acts as a supporting command, while the ground force remains the supported command. The result is the often-misunderstood close air support relationship. Though the joint terminal attack controller (JTAC) on the ground provides clearance for the aircrew to release the weapon, this clearance does not constitute an order. In the end, like two keys in a nuclear silo, the JTAC must provide clearance, and the Reaper pilot must “consent to release.” The result is a symbiotic relationship between air forces and ground forces, in which both the ground force commander and the pilot in command share the burden of responsibility for weapons release.

In practice, this means that “one of the many responsibilities faced by Reaper crews has been deciding when not to fire a missile or not to drop a bomb.” What happens when the JTAC calls for a weapon and all the legal requirements have been met but something feels wrong to members of the Reaper crew? Josh, one of Lee’s interview participants, describes it this way.

“Taking an objective ‘tick-box’ view we had an adult male emerge from a compound, armed, as friendly forces approached. The compound was in an area occupied by Taliban that had been engaging friendly forces, successfully, over the preceding few days. It met the criteria needed for a strike, we had all the approvals and authorization required. But the tiny details weren’t right.”

In this case, in contrast with the vertical hierarchy that is often assumed, the command relationships — and the authority of the Reaper pilot — seemed like an impediment for the ground force. Some RAF pilot half a world away thinks he knows what is best when it is the ground force that takes all the risk. The social and institutional pressures are palatable. “Brothers are going to die because of you,” the JTAC scolded the Reaper pilot over the radio. In this case, the Reaper pilot insisted that the armed man under the crosshairs was a farmer in the wrong place at the wrong time and not an enemy fighter in search of a fight. If this is not moral courage, then I do not know what is. Josh goes on to say, “trying to reassure the ground troops is not so easy, especially when you had just withheld a seemingly valid request for a shot. From the perspective of those on the ground waiting for a Taliban fighter to open fire at them was not a good tactic — but this was not a Taliban fighter.”

Sometimes the roles — those who want to shoot and those who want to withhold the shot — are reversed. In one instance, the Reaper crew watched an enemy sniper team target friendly forces through a “murder hole” in a stone wall. With some consistency, the team would depart a nearby building, fire upon friendlies through the murder hole, then return to the building. According to the restrictive rules of engagement under which the U.K. Reapers were operating, the crew was required to obtain positive identification of the enemy fighters by observing hostile activity prior to obtaining weapons release clearance. But each time the enemy team went back into the building, it invalidated the positive identification. Thus, time and again, the Reaper crew was unable to obtain positive identification and release a weapon before the enemy fighters returned to the building. The Reaper crew practically begged the ground force commander for a clearance to release the weapon, but the ground force commander insisted on submitting to the relevant restrictions. By the time the incident was over, a British soldier had been shot and was medically evacuated by helicopter. “It’s the closest I have been in my professional life,” the pilot said, “to pulling a trigger without a clearance.”

Another Grey Zone

New from Bloomsbury – though, desperately sadly, at a ruinous price, a collection of essays edited by Mark Lattimer and Philippe Sands, The Grey Zone: The Grey Zone
Civilian Protection Between Human Rights and the Laws of War:

The high civilian death toll in modern, protracted conflicts such as those in Syria or Iraq indicate the limits of international law in offering protections to civilians at risk. A recent conference of states convened by the International Committee of the Red Cross referred to ‘an institutional vacuum in the area of international humanitarian law implementation’. Yet both international humanitarian law and the law of human rights establish a series of rights intended to protect civilians. But which law or laws apply in a particular situation, and what are the obstacles to their implementation? How can the law offer greater protections to civilians caught up in new methods of warfare, such as drone strikes, or targeted by new forms of military organisation, such as transnational armed groups? Can the implementation gap be filled by the growing use of human rights courts to remedy violations of the laws of armed conflict, or are new instruments or mechanisms of civilian legal protection needed?

This volume brings together contributions from leading academic authorities and legal practitioners on the situation of civilians in the grey zone between human rights and the laws of war. The chapters in Part 1 address key contested or boundary issues in defining the rights of civilians or non-combatants in today’s conflicts. Those in Part 2 examine remedies and current mechanisms for redress both at the international and national level, and those in Part 3 assess prospects for the development of new mechanisms for addressing violations. As military intervention to protect civilians remains contested, this volume looks at the potential for developing alternative approaches to the protection of civilians and their rights.

 

I’ve written about attempts to ‘eliminate the grey zone’ before, but this is a different one, as the Contents make clear:

 

Part I: Rights
1. Who Is a Civilian? Membership of Opposition Groups and Direct Participation in Hostilities
Emily Crawford
2. The Duty in International Law to Investigate Civilian Deaths in Armed Conflict
Mark Lattimer
3. Protection by Process: Implementing the Principle of Proportionality in Contemporary Armed Conflicts
Amichai Cohen
4. Regulating Armed Drones and Other Emerging Weapons Technologies
Stuart Casey-Maslen
5. The Globalisation of Non-International Armed Conflicts
Pavle Kilibarda and Gloria Gaggioli
6. Administrative Detention in Non-International Armed Conflicts
Françoise J Hampson
7. The Crime of Rape in Military and Civilian Jurisdictions
Lois Moore and Christine Chinkin

Part II: Remedies
8. The Right to Reparation for Victims of Armed Conflict
Carla Ferstman
9. Arguing International Humanitarian Law Standards in National Courts-A Spectrum of Expectations
Sharon Weill
10. The Death of Lex Specialis? Regional Human Rights Mechanisms and the Protection of Civilians in Armed Conflict
Bill Bowring
11. Extraterritorial Obligations under Human Rights Law
Cedric Ryngaert
12. What Duties Do Peacekeepers Owe Civilians? Lessons from the NuhanovicCase
Liesbeth Zegveld
13. Civilian Protection and the Arms Trade Treaty
Blinne Ní Ghrálaigh

Part III: Developments
14. A Path Towards Greater Respect for International Humanitarian Law
Valentin Zellweger and François Voeffray
15. The Responsibility to Protect and Non-State Armed Groups
Jennifer M Welsh
16. Protecting Civilians by Criminalising the Most Serious Forms of the Illegal Use of Force: Activating the International Criminal Court’s Jurisdiction over the Crime of Aggression
Carrie McDougall
17. Elements and Innovations in a New Global Treaty on Crimes Against Humanity
Leila Nadya Sadat

Mark introduces the project (and en passant makes clear its relevance to my continuing work on Syria) over at Justice in Conflict here:

As armed conflicts continue to metastasize in many world regions, is the existing international law protecting civilians fit for purpose, or are there gaps in protection? The answer of most lawyers of armed conflict to this question has long been that the gap lies not in the substantive law but in its implementation.

While the need for implementation is plain, it is also clear that the contemporary face of conflict presents aspects which the framers of the Geneva Conventions and their 1977 Protocols – as well as the major human rights treaties – could hardly have envisaged. The growth of transnational armed groups such as Al-Qaeda and ISIS means that a ‘non-international armed conflict’ can now be fought in many states simultaneously or even, according to some proponents, globally. New technologies in warfare, from armed drones to autonomous weapons systems, radically alter the circumstances under which information is made available to commanders and with it the scope and accountability of decision-making….

Just looking at the fundamental conflict activities of killing and detaining, the grey areas appear to be wide. With conflict conducted in areas of high population density, there are a number of practical problems in distinguishing civilians from combatants or fighters, but also legal ones. Civilians lose their immunity from attack when directly participating in hostilities, but how is direct participation defined and how long does it last? In Iraq and Syria individuals have been targeted on account of their membership of ISIS or Jabhat al Nusra. But what of members of armed groups who do not engage in combat? What of the driver, the cook, or the recruiter? The treatment of ISIS members and their families is a sensitive subject in Iraq, but it appears to encompass the targeting and/or punishment of those who had no combat function.

The growth in armed conflict jurisprudence from human rights and monitoring bodies has in many cases recast the headline question: rather than identifying gaps in the law, the challenge is to determine which set of laws or legal regimes apply. Should it be human rights law or the international humanitarian law (IHL) applicable in armed conflict? Or indeed both?