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27 Penn St. Int'l L. Rev. 125 (2008-2009)
The Development of NATO EBAO Doctrine: Clausewitz's Theories and the Role of law in an Evolving Approach to Operations

handle is hein.journals/psilr27 and id is 127 raw text is: The Development of NATO EBAO Doctrine: Clausewitz's Theories and the Role of Law in an Evolving Approach to Operations Colonel Jody M. Prescott* I. Introduction The role of law in military operations today is pervasive, and it contributes significantly to the complexity of the international security environment.' The practice of operational law, as it is often called, requires legal advisors on military operations to be competent in areas of the law as diverse as environmental law, contracts, claims and human rights in addition to the more typical bodies of law that one would expect in a military operation, such as the law of armed conflict.2 Legal complexity is just one of a number of operational aspects that have forced international organizations to reassess their traditional methods of conducting military operations.3 In particular, conflicts since the end of * Chief Legal Advisor, International Security Assistance Force (ISAF). The views expressed in this article are mine, and do not reflect the official views of ISAF, the Joint Warfare Centre, or the U.S. Army Judge Advocate General's Corps. I wish to thank Lieutenant Colonel (Ret.) Kelly Jordan, Lieutenant Colonel Charles Newbegin, Wing Commander Alexander Mason, Lieutenant Colonel (Ret.) Michael Davidson, Squadron Leader Andrew Gannon, and Ms. Mette Hartov for their insightful comments and critique on this article. Any mistakes are, of course, my own doing. 1. Modem wars are complex affairs conducted 'among the people' and, as Sir Richard Dannatt, head of the British army, put it recently, 'in the spotlight of the media and in the shadow of international lawyers.' After Smart Weapons, Smart Soldiers, ECONOMIST, Oct. 27, 2007, at 33; Michael Kelly, Legal Factors in Military Planning for Coalition Warfare and Military Interoperability: Some Implications for the Australian Defence Force, 2 AUSTL. ARMY J., Autumn 2005, at 161-71, available at http://www.apcml.org/documents/aajautumn05-kelly_ 7.pdf. 2. See U.S. DEP'T OF ARMY, FIELD MANUAL 27-100, LEGAL SUPPORT TO OPERATIONS, 3-2 through 3-16 (Mar. 1, 2000). 3. See, e.g., Cedric de Coning, The Implications of the Integrated Missions Concept for Training in United Nations and African Union Peace Operations, PEACEKEEPING THIS MONTH, July 17, 2007, available at http://www.apsta-africa.org/news/article 17072007.php.

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