Author: Lawrence P. Rockwood foreword by Stephen Wrage In September 1994, Lawrence P. Rockwood, then a counterintelligence officer with the U.S. Army's Tenth Mountain Division, was deployed to Haiti as part of Operation Restore Democracy, the American-led mission to oust the regime of Raoul Cedras and reinstall President Jean-Bertrand Aristide. Shortly after arriving in-country, Captain Rockwood began receiving reports of human rights abuses at the local jails, including the murder of political prisoners. He appealed to his superiors for permission to take action but was repeatedly turned down. Eventually, after filing a formal complaint with an army inspector general, he set off to inspect the jails on his own. The next day, Captain Rockwood found himself on a plane headed back to the United States, where he was tried by court-martial, convicted on several counts, and discharged from military service. In this book, Rockwood places his own experience within the broader context of the American military doctrine of command responsibilitythe set of rules that holds individual officers directly responsible for the commission of war crimes under their authority. He traces the evolution of this doctrine from the Civil War, where its principles were first articulated as the Lieber Code, through the Nuremberg trials following World War II, where they were reaffirmed and applied, to the present.Rockwood shows how in the past half-century the United States has gradually abandoned its commitment to these standards, culminating in recent Bush administration initiatives that in effect would shield American commanders and officials from prosecution for many war crimes. The Abu Ghraib and Guantanamo prison abuse scandals, the recently disclosed illegal CIA detention centers, the unprecedented policy of tolerating acts considered as torture by both international standards and U.S. military doctrine, and the recent cover-ups of such combat-related war crimes as the Haditha massacre of November 2005, all reflect an official anti-humanitarian trend, Rockwood argues, that is at odds with our nation's traditions and principles.

Author: David Kennedy Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.