Stability Operations: A Guiding Framework for 'Small Wars' and Other Conflicts of the Twenty-First Century?

• Author: Kenneth Watkin
• Position: Brigadier General, Canadian Forces
• Pages: 411-430

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Stability Operations: AGuiding Framework

for "Small Wars" and Other Conflicts of the

Twenty-First Century?

Kenneth Watkin*

[I]finternational law is, in some ways, at the vanishing point of law, the law

of war is, perhaps even more conspicuously, at the vanishing point of interna-

tional law. 1

Introduction

The ongoing armed conflict in Afghanistan provides astark example of the

challenging and complex operating environment in which the international

community is seeking to establish and maintain the rule of law. Professor Hersch

Lauterpacht's entreaty in the aftermath of World War II for lawyers to address the

myriad of law of war issues not covered by the Geneva Conventions with afeeling

of humility is no less applicable today regarding attempts to regulate contempo-

rary conflict. 2Twenty-first-century conflict rarely meets the traditional legal crite-

ria of an international armed conflict. Instead, operational lawyers have to apply a

normative framework primarily designed to regulate State-on-State conflict to in-

creasingly complex security situations involving warfare both within States and

across international borders. Such operations range from relatively benign

*Brigadier General, Canadian Forces. The opinions expressed in this article are solely those of

the author and do not necessarily reflect the views of the government of Canada.

AGuiding Frameworkfor "Small Wars" and Other Conflicts

humanitarian relief operations to significant combat operations, such as those in

Afghanistan involving the multinational forces assisting the Afghan government.

Lawyers should not feel isolated in this endeavor, as the challenge of categoriz-

ing conflict and operating in complex security situations is not auniquely legal

one. Military commanders are also seeking to have doctrine adapted, and where

necessary developed, to address such conflicts. The doctrinal goal of attempting to

categorize operations that do not fit within the classic notions of offensive or de-

fensive operations between State armed forces has led to the development of the

concept of "stability operations." This article explores the relationship between the

law of armed conflict and what is largely aUS-led initiative to place amyriad of

military missions, often occurring at the lower end of the conflict spectrum, under

one overarching doctrinal umbrella.3The analysis includes an outline of the limits

of the contemporary normative legal framework in governing operations designed

to bring stability to failed or failing States.

Stability operations will be assessed in four parts, commencing with an outline

of the definition, scope and purpose of those operations. Akey question is the de-

gree to which such operations are actually new or whether the concept is in reality a

catch-all term for avariety of missions that have always challenged both doctrine

writers and lawyers alike. Secondly, the law governing operations at the lower end

of the conflict spectrum will be explored. Emphasis will be placed on looking at

whether international law has adapted to account for such conflict, or if it has, like

military doctrine, focused on State-on-State conflict. Thirdly, the applicability of

the term "stability operations" in a coalition environment will be explored. Given

the prevalence of such operations, the adoption, or lack thereof, of this doctrinal

approach by potential allies provides an important indicator of the maturity and

potential viability of the concept.

Finally, potential limitations on this forward-thinking American doctrinal ap-

proach to addressing the contemporary "war amongst the people"4will be consid-

ered. While there is apossibility for failure, the significant potential this new

categorization of conflict presents in seeking to articulate arealistic regime in

which to conduct operations in the existing complex security environment will be

explored.

Stability Operations

The Doctrine

The analysis will now turn to outlining the stability operations doctrine, exploring

its scope and relationship with doctrine governing combat operations, and situat-

ing stability operations in ahistorical context regarding previous efforts to

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