Publisher's Synopsis
Judging by the title Legal Implications of the Status of Persons in Resistance, a reader might conclude this monograph belongs on a lawyer'sbookshelf. However, were that to happen, unconventional warfare(UW) strategists and practitioners will have missed an excellent opportunityto expand their collective thinking on UW. I submit to the readerand those interested in low-intensity military options that this volumeshould also have a prominent place on the desks of military commanders, military planners, and national security policy makers.This monograph examines the legal status of US military membersconducting UW in support of a foreign resistance movement. Tacklingthis subject has been difficult because a US military member's legalstatus is directly affected by the international legal status or recognitionof the resistance movement, which often changes as the movementevolves. The authors' solution is to establish a continuum of resistancemovement activities-from nonviolent to violent-that captures thechanging nature of any resistance movement and its methods, internationalrecognition, and legal status. This construct allows for a USmilitary member's legal status to be examined at various points duringthe evolution of a movement.The authors use this construct to present case studies and operationalvignettes, illustrating legal theory with real-world examples anddemonstrating the interplay between a movement's violent or nonviolentactivities, international recognition of the resistance, and USpolicy makers' interpretations of international and domestic law. All ofthese factors influence the US government's consideration of UW as aviable policy option in countries experiencing unrest. These same elementsalso represent potential operational restrictions on the conductof a UW campaign and forecast much of the thinking needed for UWcampaign development.Our nation requires a special warfare capability. That capabilityrequires intellectual investment in evolving our understanding of thelegal environment and how that environment impacts US policy optionsand potential UW campaigns. As the legal analysis demonstrates, therewill be some cases in which both the person's status as well as US governmentand international policy toward a resistance movement and itsactivities will be vague at best. This finding reinforces that strategistsand practitioners must anticipate ambiguity in UW campaigns. Readersare encouraged read, analyze, debate, challenge, and consider how thisanalysis could impact Special Forces' ability to perform its UW mission.COL Frank Sande
