Vanquishing Paper Tigers:Applying Comparative Law Methodology to Enhance Rule of Law Development

摘要

The conflicts in Iraq and Afghanistan have had a transformative impact on military doctrine and strategy.By focusing attention on irregular threats and highlighting the dangers of unconventional, asymmetric methods of warfare, both conflicts have changed the way military assets are evaluated and employed. In 2005, for example, the United States recognized the importance of stability operations to achieving long-term, national strategic objectives by elevating stability operations to a priority comparable with combat operations. This re-conceptualization of the military's core mission, however, has raised a number of practical questions. The U.S. Army Capstone Concept, a doctrinal guide describing the Army's vision for future force development, poses the following questions: "How should the U.S. Army use available and anticipated resources, to educate its leaders and organize, equip, and train units to fight and win wars . . . ?" Other than combat, how can the Army "engage in security force assistance," "support state building efforts," and "persuade and influence relevant populations in pursuit of national policy goals?" One solution would involve more robust Army participation in rule of law operations.