The Ancient Art of Modern Warfare

Recently, there has been controversy over public statements from some politicians about the responsibility of members of the armed forces to disobey unlawful orders. In theory, there should be nothing objectionable about that. Members of the armed forces, from the lowest enlisted to the highest general or admiral, receive regular instruction on the laws and customs of war and our responsibilities under the Constitution. In this episode, I describe what that means and where the responsibility to promptly and effectively execute orders ends.

Music Credits:

• Wagner, R. and the USMC Band, Siegfried’s Funeral (Public Domain)
• Hagman, R., Main Theme from “She Wore a Yellow Ribbon,” from The Wild West - The Essential Western Film Music Collection, (Fair use for educational purposes.)
• Kiilstofte, J., The Cavalry, Machinamasound (Licensed)

 

This series on Terrorism is wrapping up with the problem of state sponsored terrorism. This form of international terrorism is most clearly a method of warfare, with the state using terrorist organizations as deniable proxies in armed conflict. International law, however, does not recognize that form of terrorism as war, but as criminal acts subject only criminal jurisprudence. This situation does little to stop this war form or to protect those who should be protected under the laws and customs of war.

 

The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with.

Certified 100% natural intelligence. No artificial intelligence was used in making this podcast.

References:

• Articles 2 and 3 of the four Geneva Conventions of 1947
• Protocol II Additional to the Geneva Conventions of 1947
• Melzer, N. and the International Committee of the red Cross, Interpretive Guidance on the Notion of Direct Participation in Hostilities (2009)
• Carter, C. “Analyzing the Criminal Justice and Military Models of Counterterrorism: Evidence from the United States” (Ph.D. Dissertation) (2017)

Music credits:

• Holst, G. The Planets: Mars Bringer of War, downloaded from Internet Archive
• Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org

In the last few episodes, I explained that international terrorism can be considered a war form and how it has been practiced through history. I described that, according to international law, terrorism is a crime and should be addressed as such. I also described how criminal laws are frequently inadequate to deal with terrorism used as a form of warfare. This leads to the question of how states deal with this in practice.

 

The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with.

Certified 100% natural intelligence. No artificial intelligence was used in making this podcast.

Music credits:

• Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org

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

If terrorism, unlawfully attacking civilian targets to achieve a political outcome, is a modern war form, a different manner of armed conflict. When terrorist attacks are planned, organized, and operate from a foreign country, or otherwise use that country as a safe haven, what are the options of the attacked State in using military force to fight this new form of armed conflict?  This episode of the Ancient Art of Modern Warfare looks at the authority and limitations of the war making powers of a state to do that. In this episode, I do not look at the right or wrong of any particular State or any particular operation. This episode only sets the context for the potential use of military force against international terrorist organizations.

 

The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Department of Defense, or any other organization I am or have ever been associated with.

 

Certified 100% natural intelligence. No artificial intelligence was used in making this podcast.

 

Principal Reference:

• Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF

 Music:

• Kiilstofte, P. Mercenaries, Machinamasound (Licensed)
• Liszt, Les Preludes, perfomed by the USMC Band. Public Domain

 

I decided to change the trajectory of this series. Rather than continue with the history of terrorism, I am jumping ahead to how terrorism fits within the overarching philosophy of war. The manifestation of terrorism as it has evolved in the past century is not inconsistent with our understanding of war. Understanding that will help us to understand the ways and means to defeat it.

 

The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Government, the Department of Defense, or any other organization I am or have ever been associated with.

 

References:

• UN Office of Drugs and Crime, Introduction to International Terrorism, https://www.unodc.org/documents/e4j/18-04932_CT_Mod_01_ebook_FINALpdf.pdf
• Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF

 

 Music:

• Kiilstofte, P. Mercenaries, Machinamasound (Licensed)
• Liszt, Les Preludes, perfomed by the USMC Band. Public Domain

This continues my description of terrorism and warfare. The previous episode defined terrorism. This episode traces terroristic attacks from the Bible to the First World War and how it differed from modern terrorism. World War One had profound impacts on almost every aspects of human civilization and this included the use of terror to achieve political ends.

 

The information in these podcasts is solely my own opinion and do not represent the position of the U.S. Government, the Department of Defense, or any other organization I am or have ever been associated with.

 

References:

• UN Office of Drugs and Crime, Introduction to International Terrorism, https://www.unodc.org/documents/e4j/18-04932_CT_Mod_01_ebook_FINALpdf.pdf
• Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF

 Music:

• Kiilstofte, P. Mercenaries, Machinamasound (Licensed)
• Liszt, Les Preludes, perfomed by the USMC Band. Public Domain

 

What is terrorism? Is it something as old as warfare or something that has changed the nature of war? Is fighting terrorism the same as counterinsurgency? Despite more than two decades of the so-called War on Terror, we seem no closer to ending terrorism that we were when the Black September group attacked the Olympic Village in 1972. Before we can propose solutions to a problem, we must start by defining the problem. According to Socrates, the first step in defining a problem is defining terms. Defining terrorism is the subject of this episode of the Ancient Art of Modern Warfare.

 

References:

• UN Office of Drugs and Crime, Introduction to International Terrorism, https://www.unodc.org/documents/e4j/18-04932_CT_Mod_01_ebook_FINALpdf.pdf

 

• Office of the General Counsel, Department of Defense, Department of Defense Law of War Manual (2023), https://media.defense.gov/2023/Jul/31/2003271432/-1/-1/0/DOD-LAW-OF-WAR-MANUAL-JUNE-2015-UPDATED-JULY%202023.PDF

 

 Music:

• Kiilstofte, P. Mercenaries, Machinamasound (Licensed)
• Liszt, Les Preludes, perfomed by the USMC Band. Public Domain

I am reluctant to post much of anything about the current armed conflict in Gaza. As the saying goes, the first casualty in war is the truth, and the truth of this saying is manifest in Gaza. It is almost impossible to separate information from information operations by either side. The International Committee of the Red Cross cites allegations of grave beaches of the law of war by both sides. In previous episodes I described how war crimes make reaching peace even more difficult than it usually is. Nonetheless, if achieving peace seems insurmountable, a cease fire leading to non-kinetic conflict resolution may be possible if we listen and put pressure on each sides stated war aims.

 

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  

 

Music

• Liszt, F. and Royal Philharmonic Orchestra, Totentanz, https://download.stream.publicradio.org/podcast/minnesota/classical/programs/free-downloads/2020/10/27/daily_download_20201027_128.mp3?listeningSessionID=0CD_382_200__6cca22efd3d270af449f392040641d0331631df3

• 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.)
• Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org

 

Photo: Palestinian News & Information Agency. CC

It seems that the time has come in Putin’s war on Ukraine that both sides indicate a willingness to negotiate. But negotiate what? This episode moves on from what is necessary for a sustainable peace, what Putin’s real goals are in his war on Ukraine, and propose a possible path forward. I introduced this possible path in In Episode 104. This episode sets that idea in the context of the previous two episodes and the recent political and military developments.

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.)
• Mozart, W.A. and Berlin Philharmonic Orchestra, Requiem in D Minor, downloaded from the Internet Archive, https://archive.org

Reference Book: Walsh, M. (2025). A rage to conquer: Twelve battles that changed the course of Western history (First edition). St. Martin’s Press.

Although diplomacy should not end when fighting begins, there are two conditions in war where one or more parties will seek to negotiate peace. One is when victory looks improbable, the other is when it looks certain. Which of these conditions is emerging in Ukraine? More importantly, which of these two conditions does Putin perceive as operative? In either condition, is negotiation leading to a sustainable peace realistic? Answering that question requires understanding what Putin really wants from his war, and what he will accept to get out of it.

 

Reference: Samuel Charap, Khrystyna Holynska, Russia’s War Aims in Ukraine, http://www.rand.org/t/RRA2061-6

 

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