Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

"The four parts of our book that follow offer a range of legal and policy perspectives on the problems of COIN in particular and irregular warfare in general as twenty-first century asymmetric warfare continues to evolve. The contributors offer analyses and prescriptions that are complimentary in some instances and widely divergent in others"--Page xxii, Introduction.

A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing paradigm in the United States--one rooted in the modes of warfare originally developed to suppress anticolonial revolutions and, more recently, to prosecute the war on terror. The Counterrevolution is a penetrating and disturbing account of the rise of counterinsurgency, first as a military strategy but increasingly as a way of ruling ordinary Americans. Harcourt shows how counterinsurgency's principles--bulk intelligence collection, ruthless targeting of minorities, pacifying propaganda--have taken hold domestically despite the absence of any radical uprising. This counterrevolution against phantom enemies, he argues, is the tyranny of our age. Seeing it clearly is the first step to resisting it effectively.

When the U.S. military invaded Iraq, it lacked a common understanding of the problems inherent in counterinsurgency campaigns. It had neither studied them, nor developed doctrine and tactics to deal with them. It is fair to say that in 2003, most Army officers knew more about the U.S. Civil War than they did about counterinsurgency. The U.S. Army / Marine Corps Counterinsurgency Field Manual was written to fill that void. The result of unprecedented collaboration among top U.S. military experts, scholars, and practitioners in the field, the manual espouses an approach to combat that emphasizes constant adaptation and learning, the importance of decentralized decision-making, the need to understand local politics and customs, and the key role of intelligence in winning the support of the population. The manual also emphasizes the paradoxical and often counterintuitive nature of counterinsurgency operations: sometimes the more you protect your forces, the less secure you are; sometimes the more force you use, the less effective it is; sometimes doing nothing is the best reaction. An new introduction by Sarah Sewall, director of the Carr Center for Human Rights Policy at Harvard’s Kennedy School of Government, places the manual in critical and historical perspective, explaining the significance and potential impact of this revolutionary challenge to conventional U.S. military doctrine. An attempt by our military to redefine itself in the aftermath of 9/11 and the new world of international terrorism, The U.S. Army / Marine Corps Counterinsurgency Field Manual will play a vital role in American military campaigns for years to come. The University of Chicago Press will donate a portion of the proceeds from this book to the Fisher House Foundation, a private-public partnership that supports the families of America’s injured servicemen. To learn more about the Fisher House Foundation, visit www.fisherhouse.org.

Controversial new history of counterinsurgency which challenges its claims as an effective strategy of waging war.

In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

In Insurgency and Counterinsurgency in South Asia, ten experts native to South Asia consider the nature of intrastate insurgent movements from a peacebuilding perspective. Case studies on India, Pakistan, Nepal, and Sri Lanka lend new insights into the dynamics of each conflict and how they might be prevented or resolved.