G OVERNANCE I NNOVATION FOR S ECURITY AND D EVELOPMENT I NTERIM P ROGRESS R EPORT : G OVERNANCE S ECTOR Dr. Karen Guttieri Naval Postgraduate School1 Guttieri@nps.edu Although the civil dimension of military operations is well-known to be vital to mission success in locales as diverse as Afghanistan, the Balkans, Iraq, and the Horn of Africa, it remains little understood. Military support to governance and dedicated civil affairs elements in particular have suffered neglect due to several factors: the policy and military communities – despite specific responsibilities under international law and US DoD policy - are skittish about the appearance of “occupation” and wary of “military government” responsibilities that stem from it; the literature on governance is largely crafted by civilians with little attention to, or understanding of, military norms and rules; the literature on military operations is generally focused on kinetic missions with little attention to, or understanding of, civil domain factors. In short, the literatures that are available do not effectively speak to one another. Moreover, the subject area is extremely complex, as state-society relations and expectations vary from place to place, and technological developments including new roles for social media in civic participation and empowerment, and new ways of monitoring political governance are constantly being developed and/or refined. 1. P R E LI MI N A RY L I T E R AT UR E R EV I EW / B I B LI O GR AP HY The US military has with few exceptions failed to prepare effectively for civilian obligations in war. Once boots are on the ground, two themes characterize the military’s approach to transition. The first is civilianization – military efforts to handoff civilian responsibilities to civilian agencies. The second is indirect rule - a local authority that will enable US troops to depart, ideally leaving a reformed state with legitimate authority to govern. Today indirect rule is remade in the form of host nation or partner capacity building. These themes persist into the recent era, when US policy-makers naively believed that the invasions of Afghanistan and Iraq would not require occupations, federal policy put the Department of State in the lead for stability operations, and diplomats and commanders sought reliable host-nation partners to assume the mantle of governance. The history of American civil affairs and military government shows that while many of the patterns, such as debates about military or civilian roles, are recurring, there has also been change over time. New agencies, new 1 This is a draft work in progress. The author thanks Herman Semes and Charles Palmares for research assistance. 1 norms emerged. The civil affairs function shifted from keeping civilians out of the way to providing for their relief, to addressing the civilian population as the center of gravity. Another, much larger body of literature addresses governance more broadly, and a subset of this literature addresses challenges of governance in fragile states or transitional societies. C IVIL A FFAIRS AND M ILITARY G OVERNMENT Civil affairs -- “the vanguard of DoD’s support to U.S. government efforts to assist partner governments in the fields of rule of law, economic stability, governance, public health and welfare, infrastructure, and public education and information” (2010 Quadrennial Defense Review Report) -- has historically played critical roles in conflict prevention and post-conflict transformation. However, the civil affairs capability has not lived up to its potential and has often been perceived as maneuver support elements rather than as strategic assets. Civil affairs as an historical term of art describes the United States military relationship with the civilian realm. General George Washington at Valley Forge conducted civil affairs to secure civilian supply, labor and loyalty.2 Since then, civil affairs has been prominent during engagements ranging from humanitarian assistance to stability operations, to counterinsurgency campaigns and its fullest expression in military government. Military government may seem an anachronism, but it was once a common form of temporary rule, and the roots of current US military doctrine on stability operations can be seen in doctrine set forth as early as 1898 and formally issued in World War II.3 Significant chapters in American military history – the expansion west, the reconstruction of the South, the liberation of Europe, the formation of partnerships abroad – are civil affairs stories.4 The US military as an institution has had difficulty embracing the civil affairs mission. Although the US has conducted more stability operations than conventional wars, 5 the 2 Sandler, Stanley. Glad to See Them Come and Sorry to See Them Go: A History of U.S. Army Tactical Civil Affairs/Military Government, 1775-1991. Fort Bragg, NC: US Special Operations Command, 1998. 3 Birkhimer, William E. Military Government and Martial Law, 2nd Revised ed. (Kansas City, MO: Franklin Hudson Publishing Company, 1898; 1904). United States Army, F.M. 27-5 Military Government (1940). The 1940 manual is the first so titled, although an earlier manual on international law addressed the issues of military government, and earlier texts informed the army. General Winfield Scott’s General Orders 20 in the Mexican-American War and the Lieber Code or General Orders 100 in the Civil War predate the Birkhimer study. 4 Guttieri, Karen Military Government and Civil Affairs: Lost Lessons in the American Way of War and Peace Draft m.s. 5 Yates, Lawrence A. The U.S. Military's Experience in Stability Operations, 1789-2005. Fort Leavenworth, KS: Combat Studies Institute Press, 2006. 2 mobilization of overwhelming force remained the mantra of “the American way of war” 6 and the myth of stability operations as exceptional missions persisted. C I V I L A F FAI R S IN H I ST O RI C A L P ER SP E CT I V E The history of civil affairs is intimately related to that of stability operations, small or guerrilla wars and counterinsurgency. Keith Bickel’s study of the Marine Corps development of its small wars doctrine, Mars Learning, although it focuses on tactics such as ground patrols, provides insight into the rationale for “civil measures,” for example, in Haiti between 1915-1920.7 A commander was to be “fully posted as to irrigation, roads, bridges, topography, postal service, telegraphs and telephones, sanitation, and concessions, and he must also report on all work being performed by the judiciary, municipal and government officials.” 8 Public works projects such as roads served dual purpose of providing means to bring goods to market and to bring troops to trouble spots. It was hoped that works projects would help secure the loyalty of the population, given low troop to population ratios, and that reform of the civil government would address the core grievances behind insurgency. The most comprehensive history of civil affairs to date, Stanley Sandler’s Glad to See Them Come, focuses on the tactical to operational level of war.9 Harry Coles and Albert Weinberg volume of World War II documents Soldiers Become Governors and John T. Fishel’s analysis of late 20th century interventions in Civil Military Operations in the New World provide a more operational to strategic view. 10 Jeremy Suri’s Liberty’s Surest Guardian reflects on nation-building as a component of America’s national character.11 Taking an historical perspective helps to show how the military makes sense of its own practices through changes in context, including transformations in basic constructs such as military and civilian, war and peace. 6 Weigley, Russell F. The American Way of War. Bloomington: University of Indiana Press, 1973. 7 Bickel, Keith B. Mars Learning: The Marine Corps Development of Small Wars Doctrine, 1915-1940. Boulder, CO: Westview Press, 2001. 8 Bride, Frank “The Gendarmerie d’Haiti,” Marine Corps Gazette, vol. 3, no. 4 (Dec. 1918), pp. 297-298; cited in Bickel, p. 77. 9 Sandler, Stanley. Glad to See Them Come and Sorry to See Them Go: A History of U.S. Army Tactical Civil Affairs/Military Government, 1775-1991. Fort Bragg, NC: US Special Operations Command, 1998. 10 Coles, Harry L., and Albert K. Weinberg. Civil Affairs: Soldiers Become Governors, United States Army in World War Ii. Washington, D.C.: Office of the Chief of Military History, Department of the Army, 1964. Fishel, John T. Civil Military Operations in the New World. Westport, Conn.: Praeger, 1997. 11 Suri, Jeremi, Liberty’s Surest Guardian: American Nation-Building From the Founders to Obama. New York: Free Press, 2011. 3 For example, the concentration of the legitimate use of force in the state is central to our understanding of civil-military relations, yet few appreciate that monopoly as the product of social change, namely, the demilitarization of the nobility around 1576 in England.12 Moreover, while today many nations differentiate between domestic police and armies oriented against external attack, that distinction is more recent still in European history.13 M I LI T AR Y D O CT RI N E AND O C C UP AT I O N L AW From the earliest days, civil affairs sought to balance the principles of military necessity and humanity. Early requirements for civil affairs were driven primarily by military necessity. Civil affairs were left largely to the commander’s discretion. This worked well when a commander—such as General Scott during the Mexican-American War— displayed keen understanding of the relationship between political means and military ends.14 But the annihilation strategy adopted by the Union Army during the Civil War made it difficult to reconcile the South with the North at the end of the war, and for that reason the leadership in Washington commissioned Francis Lieber to develop a code to define civilian protections. The April 24, 1863 Lieber Code, General Orders 100, formed the basis of the American legal doctrine on war known as The Laws of Land Warfare. 15 The Lieber Code served as a model for European and international regulations, including the Brussels Declaration in 1874 and ultimately, the 1899 Hague Conference. 16 The 1899 and 1907 Hague Conventions (also known as the Hague Regulations), were the first multilateral 12 Philip Corrigan and Derek Sayer, The Great Arch: English State Formation as Cultural Revolution, (Oxford: Basil Blackwell, 1985), p. 65. This allocation of coercive authority constitutes a form of relationship between civil and military spheres, and is one of the defining features of the modern state. 13 Charles Tilly, Coercion, Capital, and European States: A.D. 990 - 1990 (Cambridge, MA: Basil Blackwell, 1990). The police/army distinction is also a civil/military differentiation. 14 Guttieri, ms. 15 In 1892 Major General William E. Birkhimer issued Military Government and Martial Law, along with a revised edition in 1904 to account for the experiences resulting from the Spanish-American War. In 1914, the Laws of Land Warfare was revised to take into consideration international conventions. It was revised again in 1934, 1940, 1956 and 1976, the last revision ostensibly to take into account the breakdown between combatant and civilian. Donald A. Wells, The Laws of Land Warfare : A Guide to the U.S. Army Manuals (Westport, Conn.: Greenwood Press, 1992).: 17; full discussion 1-20. 16 Hull, William I. The Two Hague Conferences and Their Contribution to International Law (Boston; New York: Ginn and Company; Kraus Reprint Company, 1908; 1970).: 467. Army Service Schools U.S. War Department, Military Aid to the Civil Power (Fort Leavenworth, Kansas: The General Service Schools Press, 1925).: 32-33. 4 agreements relevant to military occupation.17 The Hague Conventions form the cornerstone of the international law of armed conflict, and their guidelines regarding treatment of civilians in conflict are frequently cited in American policy and doctrine – in this way, coming full-circle. The primary text of international law addressing military occupation is Article 43 of the 1907 Hague Regulations (IV). In order to balance the needs of the populace with those of the occupying power, the law of occupation spells out obligations, as well as rights of the occupying power. It makes clear, for example, that the occupying power should meet the basic needs of the populace with respect to police and social functions.18 The critical passage follows: The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety [civil life], while respecting, unless absolutely prevented, the laws in force in the country.19 The Hague Regulations established a duty to provide administration, as was widely practiced at the time.20 However, the conventions of the time were more modest than those that would arise after the advent of the welfare state. E V O LV I N G N O R MS FO R C I V I L A F FAI RS Two major normative developments in just the most recent generation have altered the ground on which the soldier treads: the shift in United Nations non-intervention doctrine of the 20th century to the Responsibility to Protect (R2) in the 21st, and the related shift in the locus of sovereignty from regime to population. The growth of government aid agencies after World War II and the rise of non-governmental organizations since the 1990s has further complicated the civil-military relationships. 17 See specifically Articles 42-56 of the 1899 Hague II Regulations and the 1907 Hague IV Regulations. The Hague Convention (IV) Respecting the Laws and Customs of War on Land, October 18, 1907. 18 Davis P. Goodman, "The Need for a Fundamental Change in the Law of Belligerent Occupation," p. 1578. 19 Art. 43 of CONVENTION (IV) RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND Signed at The Hague, 18 October 1907. ENTRY INTO FORCE: 26 January 1910 gopher://gopher.law.cornell.edu/00/foreign/fletcher/HA07-IV.txt. As noted by Edmund Schwenk, "public order and safety is an inaccurate translation of the authoritative French text, "l'ordre et la vie publics," refers to order and more broadly, to social and commercial functions of the community. A better translation would be "public order and civil life." Schwenk, Edmund H. "Legislative Power of the Military Occupant under Article 43, Hague Regulations," Yale Law Journal (1945) Vol. 54: 93-416. 20 Benvenisti, Eyal. The International Law of Occupation. Princeton, N.J.: Princeton University Press, 1993. p. 4. 5 The nature of war itself, including the technology to fight it and the vision of the peace to follow, shape the conduct of civil affairs. The landmark study Military Aid to the Civil Power, published in 1925, described three kinds of occupation: in the first, exemplified in the occupation of Puerto Rico (1898-1900), the US permanently retains the conquered territory; in the second, exemplified in Cuba (1898), the US does not hold the occupied territory once its people are able to stand on their own; and in the third, exemplified in both postwar Germany (1918) and, much earlier, in Mexico (1847), the US returns the territory to its former possessor. Policy intention affects the occupation, but commanders are also able to shape facts on the ground regardless. General Winfield Scott sought but did not receive guidance from Washington on troop conduct toward civilians. To propose martial law in the era of Jacksonian democracy was unpopular, and the Polk Administration neither approved nor denied Scott’s memorandum. At risk to his own career, Scott then proceeded to take on the duties of military governor, issuing General Orders 20 to declare martial law and establish military commissions to prosecute crimes that did not fit within the purview of a court-martial—crimes committed by inhabitants against US forces, their retainers and followers; or by the latter against the inhabitants or other elements of the force. The appropriate role of the military in governance is a longstanding question. Putting the military in charge of civil affairs seems contrary to the sensibilities of a modern liberal state, in which civilian control of the military is sacred. In the early phases of World War II, US President Franklin Roosevelt had insisted that the administration of occupied territories would be a civilian responsibility, but after civilian agencies proved unable to handle the situation in North Africa, the duty fell to General Dwight D. Eisenhower. Those events prompted the War Department to create a Civil Affairs Division (CAD) in 1943 with Major General John H. Hilldring as its director. CAD became a joint Army-Navy planning agency for civil affairs and military government. Looking to the larger occupation duties ahead, Roosevelt shifted to the view that “occupation, when it occurs, should be wholly military.” 21 In the words of John McCloy, a civilian “would be lost that quickly after the close of hostilities.” 22 Civilian agencies were unprepared, the Hague Convention obliged the military to care for civilians under effective control, and military necessity required stabilization of territorial gains in the war. The Second World War introduced the first formal doctrine, set out in two field manuals written by Major General Allen W. Gullion, the Judge Advocate General and top legal expert in the US Army. In 1939, Guillion published FM 27-10 The Rules of Land 21 President Roosevelt cable reported in Cordell Hull, The Memoirs of Cordell Hull, New York: Macmillan, 1948, Vol. 2, p. 1245. 22 John J. McCloy, US Military Governor and High Commissioner for Germany, 1949-1952 in Robert Wolfe (ed.) Americans as Proconsuls, p. 119 6 Warfare, including a section on civil administration; and in 1940, in light of the war in Europe, he set to work on FM 27-5 Military Government. These two volumes became known as “the Old and New Testaments of American military government,” 23 and underscored the connection between civil affairs and international humanitarian law. CIVIL OPERATIONS (CORDS) AN D R EV O LU T I O N AR Y D E V E LO P M EN T S UP P O RT The Vietnam War brought a profound shift due to a footprint of civilian agencies prior to large-scale military escalation. President John F. Kennedy took an unconventional approach—later known as special warfare—to the escalating conflict in Vietnam. In 1961, he created the US Agency for International Development to assist in the economic development and stability of Vietnam and other impoverished nations. In National Security Action Memorandum (NSAM) 124, issued in 1962, he characterized insurgency as a form of politico-military conflict, and called for the development of new doctrine and better cooperation among agencies to meet the challenges of insurgents. Kennedy directed US civil-military efforts toward strengthening the South Vietnamese army and its government. After Kennedy, President Lyndon B. Johnson shifted the focus to combat missions; however, in 1967 Johnson also directed the formation of the Civil Operations and Revolutionary Development Support (CORDS) organization. A component of the US Military Assistance Command Vietnam (MACV) under military commander General William C. Westmoreland, CORDS encompassed all US agencies relevant to civilian field operations and pacification except the Central Intelligence Agency.24 In sum, Vietnam was characterized by militarization rather than civilianization of the other war. Since Vietnam, governmental and non-governmental civilian agencies have grown in number and authority. However, Congress significantly cut budgets for USAID, for example, so that the Foreign Service and Civil Service staff dropped from 12,000 during the Vietnam era to about 2000 today.25 The administration of William J. Clinton expanded outsourcing to non-governmental and private contractors during peacekeeping missions. P R O V I N CI AL R E CO N S T R U CT I O N T E A MS Following the al Qaeda terrorist attacks on the US of September 11, 2001, President George W. Bush directed the military to aid an insurgency against the Taliban in Afghanistan, given that the Taliban had provided haven to the al Qaeda leaders who directed the attack. The accompanying humanitarian effort was given to logisticians 23 Earl F. Ziemke, The U.S. Army in the Occupation of Germany 1944-1946, Army Historical Series (Washington, D.C.: Center of Military History, 1975; 1990).: 3-4. 24 Guttieri, op cit. 25 Civilian Surge: Key to Complex Operations, edited by Hans Binnendijk and Patrick M. Cronin. 165-94. Washington, DC: National Defense University Press, 2009 7 with minimal civil affairs engagement at the outset, never fully utilizing the doctrinal Joint Civil Military Operations Center (JCMOTF). As it became apparent that the Afghanistan mission would require a more sustained effort than previously envisioned, Civil Affairs officers on the ground innovated. COL Michael Stout and others recognized the Afghan government’s interest to expand the influence of President Hamid Karzai’s government outside Kabul to address challenges from the provinces. These officers reconceived the JCMOTF as a Provincial Reconstruction Teams (PRTs) and sold the JCMOTF as a combined civil-military effort like the CORDS program with an international-host-nation capacity building component. The PRTs were made up of civilians from the State Department and other agencies as well as civil affairs - although these were by 2003 already in such seriously short supply that in November 2008 Robert Bebber described the PRT composition as follows: American PRTs are approximately 80-90 personnel headed by a commander at the O-5 level, usually a Navy Commander or Air Force Lieutenant Colonel. PRT members are drawn from the Army, Navy, Air Force and National Guard as well as respective Reserve components. Typically, members have a variety of backgrounds and specialties and may or may not be engaged in work related to their normal military occupation. Co-located with the PRTs are civilian representatives from the Department of State, USAID, U.S. Department of Agriculture as well as contracted local nationals serving in a variety of capacities, from linguists and laborers to cultural advisors and specialists in law and health care. (italics added)26 P L AN N I N G S HO RT F A LL S Administration planning for the US-led invasion of Iraq seriously omitted civil dimension considerations for many reasons. Senior leaders in the civil affairs community have conceded privately that the planning team sent to CENTCOM at Tampa was ineffective. The policy leaders and war planners expected the humanitarian component to be short. The Bush Administration hired a contractor - retired General Jay Garner - to lead the Office of Humanitarian Assistance (ORHA) to provide basic services in the wake of the invasion. Ahmad Chalabi, leader of the U.S.-financed Iraqi National Congress, said the day before Garner’s arrival in Iraq on April 21, 2003, "On the issue of the interim authority, I think General Garner's work of reconstituting the basic services will finish in a few weeks...Meanwhile, we must start the process of choosing an Iraqi interim authority to take over the reins of power in the country and the various departments of the government."27 Instead, Iraq devolved into chaos. Chalabi failed to consolidate authority. 26 Bebber, Robert J. "The Role of Provincial Reconstruction Teams (PRTs) in Counterinsurgency Operations: Khost Province, Afghanistan". Small Wars Journal. Retrieved 28 December 2013. 27 Martin, Gail , PBS Newshour Iraq in Transition “Iraq: Key Players” date unknown http://www.pbs.org/newshour/indepth_coverage/middle_east/iraq/keyplayers/garner. html 8 President Bush replaced Garner with a retired diplomat, L. Paul (Jerry) Bremer, who transformed ORHA into a more robust proconsular entity, the Coalition Provisional Authority (CPA). Bremer acted as chief executive in Iraq with power to rule by decree CPA Order 2, disbanding the Iraqi Army, would become the most infamous among them. C I V I L A F FAI R S S HO R T F AL L S A system of reserve civil affairs experts was intended to develop and sustain specialized civilian skills - functional expertise - that could be drawn upon as needed. Problems with the system of functional specialty concentrations among civil affairs personnel became apparent in the midst of intense demand for CA forces during the occupation of Iraq after 2003. The Army shifted the organization of reserve units in teams of functional specialists (Civil Affairs Team or CAT B) as compared to teams of generalists (CAT A). The distinction between the two became blurred (Malik, p.6). The “functional specialists” became associated with unfulfilled promise. Changes to civil affairs doctrine in 2006 narrowed the number of functional specialties to six general areas -- rule of law, economic stability, governance, public health and welfare, infrastructure, and public education -- that did not align neatly with the then-emerging Department of State and Army special operations doctrine stability sectors. A study by the Center for Strategic and International Security in 2009 concluded “it is not clear that the current system of classifying and managing functional specialists within the civil affairs community is optimized for accessing specialized skills at the appropriate level,”(pp. 43-44) and recommended that the Army “require civil affairs personnel with identified functional specialties to take appropriate civil sector competency tests to validate and classify the level of functional skills.” and “create a direct commission authority” to bring individuals with advanced functional skills into the force structure as needed (Hicks and Wormuth, “Future of Civil Affairs,” p. vi). C I V I LI AN S UR G E The Bush Administration and Congressional leaders gave new powers to the Department of State. In December of 2005 the White House issued National Security Presidential Directive (NSPD) 44 declaring the US Department of State the focal point 1) “to coordinate and strengthen efforts...to prepare, plan for, and conduct reconstruction and stabilization assistance…” and 2) “to harmonize such efforts with US military plans and operations.”28 NSPD 44 seemingly empowered the Office of the Coordinator for Reconstruction and Stabilization in the Department of State (S/CRS), created in 2004. The Department of Defense developed plans to support the “civilian surge” - a civilian response capacity.29 The S/CRS planned to hire deployable civilians, and the DoD offered support to an integrated training strategy and the plan to hire, train, and deploy 250 Active Response Corps (ARC), 2000 Standby Response Corps (SRC), and 500 Civilian 28 United States. "National Security Presidential Directive / Npsd-44." White House, Washington DC: Reprinted by Federation of American Scientists, December 7, 2005. 29 Civilian Surge: Key to Complex Operations, edited by Hans Binnendijk and Patrick M. Cronin. 165-94. Washington, DC: National Defense University Press, 2009 9 Reserve Corps (CRC). Together various agencies collaborated on the development of an Interagency Conflict Assessment and Planning Framework (ICAPF). The expression “whole of government” replaced the term “interagency” in policy discourse. S T A BI LI T Y O P ER AT I O N S AS C O RE M I SSI O N At the same time that these events seemed to shift energy to civilian agencies, they also put the civil affairs elements in the military at the forefront of major developments in the mission of the United States military and its relationship to civilian agencies. In November 2005, a DOD Directive 3000.05 for the first time identified stability operations as “a core U.S. military mission,” that the military should be prepared to conduct “throughout all phases of conflict and across the range of military operations, including in combat and non-combat environments.” This message, affirmed in a 2009 DOD Instruction, presented a policy-level determination on the American way of war debate that had simmered at least since Vietnam. Despite the obvious importance of civil affairs, the CA force structure was partitioned. In 2006 the Army - home to the largest number of CA forces, mostly residing in the reserves - split its force structure between special and conventional elements, under US Special Operations Command and US Army Reserve Command, respectively. This split roughly aligned with a division between active and reserve components, until complicated by the addition of a conventionally-oriented active component brigade in 2010. Proponency and doctrine remained with Special Operations Command, home to a small percentage of the total force structure. Disparities in training and education between the active and reserve - where resides the preponderance of the force structure - became more pronounced. In particular, it is difficult for reserve personnel to access education that is the hallmark of a professional force. Unfortunately, the hoped-for panacea of a surge of civilian experts failed to materialize. Career incentives were just not there to induce government workers to leave their home departments for expeditionary deployments. Unlike military personnel, civilians could not be compelled to work in dangerous environments. Meanwhile, although the State Department’s S/CRS had many champions at DoD, there were too few at the State Department. S/CRS was underfunded and understaffed, and operating in an institutional culture unwelcoming to its mission. After struggling for several years, the S/CRS was transformed into the Bureau of Conflict and Stabilization Operations following the 2010 Quadrennial Diplomacy and Development Review (QDDR). One commentator noted at the time, “State’s competence in S&R [Stabilization and Reconstruction] is hanging on by a thread.”30 The “civilian surge” and plans for a cadre of expeditionary civilians as part of S/CRS have now been largely set aside. In light of these events, the authorities of NSPD 44 ring hollow. 30 The Future of S/CRS – What’s in a Name? Journal of International Peace Operations 30 Volume 6, Number 5 – March-April, 2011. Posted by Heather Price. 30 The Future of S/CRS – What’s in a Name? Journal of International Peace Operations 10 For its part, the US military leadership by the turn of the decade included larger numbers of veterans familiar with the civil dimension of conflict and interagency cooperation. In 2010, the DoD reinforced at the policy level the reality of military obligations. DoD Directive 5100.01 required the Army to be prepared to, when necessary and directed, “occupy territories abroad and provide for the initial establishment of a military government, pending transfer of responsibility to other authority.” Joint Publication 3-07 Stability Operations in September 2011 identified the following stability operations functions: security, humanitarian assistance, economic stabilization and infrastructure, rule of law, and governance and participation, and the need for military contributions to operations design and planning. Civil Affairs perform key roles in stability operations, as JP 3-07 notes “A civil-military operations staff element (cell, branch, or directorate) and appropriate employment of civil affairs (CA) forces provides connectivity and understanding that enables unity of effort within the headquarters and among stakeholders.” (xi) In January 2013, the US National Defense Strategy, Sustaining U.S. Global Leadership: Priorities for 21st Century Defense, called for the ability to “secure territory and populations and facilitate a transition to stable governance on a small scale for a limited period using standing forces and, if necessary, for an extended period with mobilized forces” as part of a primary mission to deter and defeat aggression (p. 4). The Joint Requirements Oversight Council in December 2011 recommended development of joint civil affairs education “with the overarching goal of equipping and transitioning a CA officer from a tactical focus in support of Brigade to Corps level formations to a strategic and operational focus.” Assistant Secretary of the Army for Reserve and Manpower Affairs (ASA-R&MA) Thomas R. Lamont addressed structural Civil Affairs deficits in June 2011 with a memorandum stating his intention to establish a new “… branch proponent that supports the Army’s total force, with common standards for active and reserve CA forces” (Lamont, 2011). One important response to ASA Lamont’s concerns was the 2013 establishment of the Institute for Military Support to Governance (IMSG) to guide the professionalization of the Civil Affairs force structure. In particular, the IMSG is leading the development of a new military occupational specialty (MOS) titled 38G - military support to governance specialists. The need to clarify military support to governance is particularly acute today, given the number of missions and organizations now concerned with civil-military planning and execution. The information domain has become much more diverse with the advent of new technologies – hardware and software – that enable people to communicate, organize, and share information. Understanding of the socio-cultural-political dynamics is critical to success in “the human domain,” defined as “the totality of the physical, cultural, social, and psychological environments that influence human behavior. The success of unified action depends upon the application of capabilities that influence the perceptions, understanding, and actions of relevant populations and decision makers.” 11 (7 August, 2012 Special Warfare Center, Fort Bragg, ARCIC and USASOC meeting of General Officers). 12 S UPPORTING S TABLE G OVERN ANCE US joint doctrine clearly assigns responsibility to military commanders for civil military operations (CMO), including “directly supporting the attainment of objectives relating to the reestablishment or maintenance of stability within a region or host nation (HN).”31 In this context, civil affairs forces supporting commanders “specialize in indirect approaches in support of traditional warfare (e.g., stability operations) and irregular warfare. CA forces conduct military engagement, humanitarian and civic assistance, and nation assistance to influence HN and FN populations.”32 In sum, a major civil-military mission for military commanders and civil affairs assets supporting them is partner capacity building. The 2006 Quadrennial Defense Review Roadmap defined partner capacity building as follows: “Partnership capacity includes, but is not limited to, the capability to: Defeat terrorist networks Defend the US homeland in depth Shape the choices of countries at strategic crossroads Prevent hostile states and non-state actors from acquiring or using WMD Conduct irregular warfare (IW) and stabilization, security, transition and reconstruction (SSTR) operations Conduct “military diplomacy” Enable host countries to provide good governance Enable the success of integrated foreign assistance”33 Stable governance, as described in the USIP and PKSOI Guiding Principles, is a condition characterized by “ability of the people to share, access, or compete for power through nonviolent political processes and to enjoy the collective benefits and services of the state.”34 Because governance includes delivery of core services such as security, rule of 31 United States Joint Chiefs of Staff. "JP 3-57 Civil Military Operations." Washington DC, 11 September 2013. p. ix. 32 JP 3-57 p. xii. “CA forces assess impacts of the population and culture on military operations; assess impact of military operations on the population and culture; and facilitate interorganizational coordination. CA Responsibilities CA joint responsibilities include plan, coordinate, conduct, and assess CAO, and support building partnership capability. Civil Affairs Operations CAO are actions to coordinate with HN military and civilian agencies, other government departments and agencies, NGOs, or IGOs, to support US policy or the commander’s assigned mission.” 33 United States Department of Defense. "QDR Execution Roadmap Building Partnership Capacity." 22 May 2006. p.4 34 Guiding Principles for Stabilization and Reconstruction. United States Institute of Peace and United States Army Peacekeeping and Stability Operations Institute, 2009. 13 law, economic governance and basic needs, this sector is in many ways an umbrella for the others. Delivery of services enhances legitimacy - the right to rule, or the rightness of a regime. Legitimacy implies acceptance of political order: “any political regime, in order to endure and govern, requires that people believe that those who rule have a right to do so, that they are not governing in their own selfish interest, and that they are entitled to use force to sustain order.”35 This definition implies a positive persuasive component of an attraction to justice as well as the darker influence of coercion in attaining compliance with rules.36 Voluntary acquiescence is obviously desired. If based not on the legitimacy of rulers but adherence to accepted processes, a constitution or rule of law as in Max Weber’s legal-rational authority provides a more stable foundation. However, in transitional states, not only are rulers often problematic but these processes are themselves liable to be contested by self-interested actors seeking to shape that larger structure. Kal Holsti’s analysis in The State, War, and the State of War describes legitimacy as twofold: vertical legitimacy pertains to the hierarchical authoritative relationships in governance, and horizontal legitimacy pertains to the communities that make up the polity.37 Exclusionary categories of community such as ethnicity create a weak basis for legitimacy and often, grounds for war. Expanding on Weber’s sociological types of authority, Holsti offers eight types of authority claims, including consent as already discussed, religion, ethnicity and task performance. Military victory, according to Holsti, created legitimate occupation regimes in Germany and Japan following World War II. Seymour Martin Lipset had years before also cited Germany and Japan as examples, but his argument rested not on the military victory but the ability of the new democracies to overcome a legitimacy deficit by means of effective performance of basic governance functions over time.38 Must military occupiers meet some criteria of effectiveness if they are to legitimize and thereby stabilize the order they seek to shape? Two tests - effectiveness and consent - vie for prominence as markers for recognition of state sovereignty in international law. The de facto or effective control test for recognition refers explicitly to the regime’s ability to secure habitual compliance of all within its influence without necessarily being concerned for the means by which that 35 Yossi Shain and Juan J. Linz, Between States: Interim Governments and Democratic Transitions Cambridge: Cambridge University Press, 1995, p. 8. 36 Karen Guttieri, “Making Might Right: The Legitimation of Occupation,” 45th International Studies Association Convention, Montreal Quebec 2004. 37 Kalevi J. Holsti, The State, War, and the State of War Cambridge University Press, 1996. 38 S.M. Lipset, Political Man, The Social Basis of Politics New York: Doubleday, 1959. 14 compliance is attained.39 The Reagan Doctrine in the 1980s rejected the notion that effective control was sufficient to recognition of government standing, preferring instead a test of consent of the governed and respect for rights of citizens. Although this ideological legitimism was rejected at the time, it made a comeback after the victory of liberalism in the cold war ideological contest. The triumph of liberalism included a globalization of its democracy and human rights agenda that would become a basis for “humanitarian interventions” in the 1990s. The international system, absent a global leviathan, is characterized by anarchy, yet hierarchy characterizes relations within state structures. The rules of the game established in the 20th century were rules about avoidance of interference in the domestic affairs of other states. As the 21st century approached, failures within states came to be viewed as the primary threat to security. The al Qaeda terrorist attacks on the United States on September 11, 2001 symbolized for many the consequences of state failure in Afghanistan and elsewhere, that provided a breeding ground for resistance to the prevailing international order. The literature on governance in transitional societies is premised on the notion that a system of states is the most effective form of political order. P R O V I SI O N OF E SS EN T I AL S E RV I CE S Francis Fukuyama’s measures of stateness include the scope of governmental activity and the strength of the state, “the ability to plan and execute policies and to enforce laws cleanly and transparently.”40 This focus on institutional capacity is one of the hallmarks of the literature on post-conflict reconstruction. Ashraf Ghani and Clare Lockhart in Fixing Failed States focus specifically on key functions of the state. 41 Primary among these functions in both accounts is the provision of a monopoly on the use of force. For Max Weber, it was the successful claim on a monopoly on legitimate use of force within a given territory that defines the state. Particularly in the early days of an intervention, establishing public order and providing basic services are essential to the success of the mission. S T EW A R D S HI P OF S T AT E R E SO U R C ES Stewardship of state resources is about public administration. Transitional administrators, or interim regimes, can form in many different ways, and often go 39 Hans Kelsen, General Theory of Law and State, Anders Wedberg trans. New York: Russell and Russell, 1961; discussion in Brad R. Roth, Governmental Illegitimacy in International Law. Oxford: Clarendon Press, 1999. 40 Fukuyama, Francis. State-Building : Governance and World Order in the 21st Century. Ithaca, N.Y.: Cornell University Press, 2004 p. 7. 41 Ghani, Ashraf, and Clare Lockhart. Fixing Failed States : A Framework for Rebuilding a Fractured World. Oxford ; New York: Oxford University Press, 2008. 15 through several transformations.42 Nonetheless, they make crucial decisions affecting the fundamental rights of the people. Security sector and civil service reform are some of the most challenging issues in postconflict states. Development of good practices of custodianship of state resources, transparency and accountability are required. C I V I C P A R T I CI P AT I O N AN D E MP O W ER M EN T The International Declaration of Human Rights proclaims: 1. 2. 3. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. (Article 21)43 The Declaration does not declare any particular form of taking part in governing - just that some institutional form of governance will enable the expression of the will of the people. As James Fishkin notes, one problem with civic participation is that most people are “rationally ignorant” - “their vote is only one among millions, so why should they care?” Fishkin developed a an approach called deliberative democracy that involves sampling, education and small group discussion. His aim is “to show is that these people don’t lack the competence to make informed decisions. If we give them the right information, in an institutional design where they become seriously engaged in competing arguments, they will make informed and thoughtful judgments.” 44 Deliberative democracy, and other civil society building approaches, may offer tools for civil affairs as facilitators of governance abroad. P O LI T I C A L M O D ER AT I O N AN D A C CO U N T ABI LI T Y The goal of political moderation is to channel conflict through institutions. Liberal theory emphasizes the role of civil society and institutions to rein impulses to violence. At the heart of liberal theory is “a search for principles of political justice that will command rational assent among persons with different conceptions of the good life and 42 Guttieri, Karen, and Jessica Piombo. Interim Governments : Institutional Bridges to Peace and Democracy? Washington, D.C.: United States Institute of Peace Press, 2007. 43 http://www.un.org/en/documents/udhr/ 44 http://www.theeuropean-magazine.com/783-fishkin-james/784-deliberativedemocracy# 16 different views of the world.” 45 National constituting processes set the rules for expression, representation and reconciliation of interests. The idea of government by and for the people begs the question, “who governs and in whose interest should prevail when there are differences among the people?” Arend Lijphart, in his classic text Patterns of Democracy provides two alternative answers to that question: 1. the majority of the people (majority rule) 2. as many people as possible (consensus) Majority rule concentrates power, often in a mere plurality. The consensus approach, by contrast, uses “rules and institutions [that] aim at broad participation in government and broad agreement on the policies…” Lijphart’s taxonomy of such systems around the world identifies ten differences arranged in terms of two dimensions: 1. executive power related to party systems and 2. federal-unitary distribution of decision making authority: 1. 2. executives-party dimension 1.1. single-party majority cabinets versus executive power sharing 1.2. executive dominance versus executive-legislative balance of power 1.3. two-party versus multi-party systems 1.4. majoritarian versus proportional representation 1.5. pluralist interest groups versus coordinated and “corporatists” interest groups federal-unitary dimension 2.1. unitary and centralized versus federal and decentralized 2.2. unicameral legislature versus two equally strong but differently constituted houses 2.3. flexible versus rigid constitutions 2.4. legislature final word on constitutionality versus judicial review 2.5. central bank dependence on the executive versus independent central banks46 45 John Gray in the preface to his volume on liberalism characterizes the perspective as individualistic, egalitarian, universalist and meliorist. That is, liberal theory tends to emphasize the rights of individuals, viewed as equals, irrespective of culture or time, and perhaps most significantly, the possibility of progress for social and political institutions. 45 John Gray, Liberalism (Minneapolis: University of Minnesota Press, 1986), p. 91, p. x. 46 Lijphart, Arend. Patterns of Democracy. New Haven and London: Yale University Press, 1999. 17 Some liberals emphasize the potential for international organizations to fill a vacuum of authority at the international level.47 Another variant of the liberal school relies upon the character of states themselves for peace, claiming that liberal states are more stable and peaceful.48An article published by Francis Fukuyama in 1989 fits the second stream.49 This article was significant, but not only because of its seeming prescience about the end of the Cold War. Fukuyama’s argument had political consequences, legitimating the American model of governance and the drive to export democracy. 50 The article was also significant as scholars in the 1990s established empirically that democracies do not war with one another. As the Soviet empire collapsed, Francis Fukuyama declared an end of history. However, as Jack Snyder has shown, the transition to democracy is, on the other hand, typically violent. 51 Snyder’s work is one of the most important references for anyone participating in a political transition. 2. S TAKEHOLDER A NALYSIS “Above all, it is important to keep in mind that wars are fought not to be won but to gain an objective beyond war.”52 In the design meeting on September 18, 2013 the team explored the question “who is the client”? A humanitarian assistance perspective might name the host nation civilian as the client; however, the civil affairs are needed because military force has been used 47 This discussion is taken from Guttieri, Toward a Usable Peace Phd Dissertation, 1999. This approach effectively extends the so-called 'domestic analogy,' or the democratic procedures for settling disputes within democratic states, to the international realm. See David Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance (Cambridge: Polity Press, 1995). Idealism of an earlier era resonates in David Held’s recent advocacy of an international governance system based upon a model of cosmopolitan democracy. 48 Michael Doyle observes that liberal states create a ‘separate peace.’ Making reference to Kant’s depiction in an essay on “Perpetual Peace,” written in 1795, the liberal thesis of democratic peace holds that war is not thinkable between democratic states. Michael Doyle, “Kant, Liberal Legacies, and Foreign Affairs, part 1” Philosophy and Public Affairs Vol. 12, No. 3 (Summer 1983) and “Kant, Liberal Legacies, and Foreign Affairs, part 2” Philosophy and Public Affairs Vol. 12, No. 4 (Fall 1983); also Bruce Russett, Grasping the Democratic Peace: Principles for a Post-Cold War World (Princeton, N.J.: Princeton University Press, 1993). 49 Francis Fukuyama, “The End of History?” The National Interest Vol. 16 (Summer 1989), pp. 3-16. 50 Timothy Dunne notes the political consequences of Fukuyama’s thesis, in particular the rationale provided therein for humanitarian intervention, the promotion of democracy by force. Timothy Dunne, “Liberalism” in John Baylis and Steve Smith (Eds.) The Globalization of World Politics (Oxford: Oxford University Press, 1997), pp. 147-163, p. 155. 51 Snyder, Jack L. From Voting to Violence : Democratization and Nationalist Conflict. 1st ed. New York: Norton, 2000. 52 Peter Paret, The Cognitive Challenge of War, p. 3 18 in as an expression of foreign policy. This point to the conceptualization of policy and force set out by Carl von Clausewitz. Clausewitz described war as a continuation of policy by other means. The decision to use military force implies a transition in which a mode of policy gives way to a mode of force. Policy implies a general direction for state action. In war the state takes up arms and military as opposed to civilian instruments are the locus of movement. Post-conflict military operations are concerned with a return transition, in which the mode of force gives way to a mode of policy. The transition from force to policy can be understood in this light as the natural reciprocal of the transition from policy to force. Photo 1: GSID PI NPS professor Karen Guttieri depicts policy and force in Clausewitz with implications for civil affairs. Stakeholder analysis at the Dec 2013 IPR at Stanford University with research team and sponsors, including BG Van Roosen. The helix configuration illustrates the ultimate predominance of policy, and the complex challenge for military commanders who must implement it. As an intervention progresses, military forces shape and also must adapt to new conditions in the policy environment. Military intervention to create or support a friendly regime depends upon non-military processes for the mission to bear fruit. Intervening troops seek to win 19 indigenous, or host-country civilian cooperation to establish order and depart, as quickly as they are able. Intervening forces hope to establish a friendly regime capable of selfdefense, however, the regime may continue to rely on the intervening military forces for public order and service provision for some time. In sum, the cyclical nature of war and peace sets the context for a civil dimension to military operations. Previously, the GISD design meeting of 18 October grappled with the stakeholders, political and military, foreign and domestic, with many perspectives: national, organizational, humanitarian. We recognized the political purposes of the use of force. We developed the following goals: sustainable peace protection/resilience security and development consistent with US foreign policy goals 3. K EY P ARTICIPANTS / P OINTS OF C ON TACT BG Cosentino, National War College, National Defense University James Fishkin, Stanford University Francis Fukuyama, Stanford University Clare Lockhart, Institute for State Efffectiveness 4. D ECEMBER I N P ROGRESS R EVIEW (IPR) R EPORT - OUT Professor Guttieri presented research on the American paradigm of civil affairs through history, focusing on norms, goals in war, technologies of war, and the relationship between commanders, policy-makers, and civilians in different historical eras. The topic of governance was included in nearly all discussion throughout the IPR. A session in which Stanford Communication Professor James Fishkin spoke on deliberative democracy started a very thoughtful discussion on what military support to governance would resemble. Specifically, at length, participants discussed how to transpose the expert dialogue, as found in deliberative polling, to battlespaces in which Civil Affairs operates, where experts on any particular subject may be few and far between. Additionally, from a legal and moral standpoint, we discussed how can Civil Affairs proffer options to a community without simultaneously imposing cultural standards foreign to that area. Neither of these issues were unanimously resolved, though the basic mechanics of truly understanding the human terrain, as in the case of deliberative polling, can certainly be incorporated into the Assessment phase of Civil Affairs operations. 5. P RELIMIN ARY P LANNING : S ECTOR I N TERIM P ROGRAM R EVIEW (IPR) AND P LANNING FOR THE P EACE AND S TABILIT Y O PERATIONS T RAINING AND E DUCATION W ORKSHOP (PSOTEW) The next steps for the governance team involves both desk research and outreach. The stakeholder analysis identified many organizations relevant to the research effort. 20 During the January IPR we will reach out to stakeholders at NDU and elsewhere in Washington. The governance IPR is currently scheduled to take place at NPS in February. That is too soon. Recognizing that governance is the umbrella competency, this should be the final topic. following other sector working sessions. The PSOTEW will include a governance panel. Several governance questions are in the PSOTEW call for papers, for example, How can governance innovation support resiliency? What is the role of gender in governance practices? An example of a certification agency is the American Planning Association. The APA offers education, and certifies planners: https://www.planning.org/educationcenter/ The jobs descriptions may be useful for the 38G Governance category: https://www.planning.org/jobs/ Planning for identification of competencies and certifications has begun with the Department of Labor occupational classifications. Some categories identified include: 11-0000 Management Occupations 11-1000 Top Executives 11-1030 Legislators 11-3000 Operations Specialties Managers 11-3010 Administrative Services Managers 11-3030 Financial Managers 11-3120 Human Resources Managers 11-9000 Other Management Occupations 11-9010 Farmers, Ranchers, and Other Agricultural Managers 11-9020 Construction Managers 11-9030 Education Administrators 11-9040 Architectural and Engineering Managers 11-9050 Food Service Managers 11-9060 Funeral Service Managers 11-9110 Medical and Health Services Managers 11-9120 Natural Sciences Managers 11-9130 Postmasters and Mail Superintendents 11-9140 Property, Real Estate, and Community Association Managers 11-9150 Social and Community Service Managers 11-9160 Emergency Management Directors 43-0000 Office and Administrative Support Occupations 43-1000 Supervisors of Office and Administrative Support Workers 43-1010 First-Line Supervisors of Office and Administrative Support Workers 21 6. E N A B LI N G T E CH N O L O GI ES Governance is one of the richest areas for enabling technologies. Social media, data storage, web portals, communications technologies and mapping all provide tools for administration of governance, mobilization of peace constituencies, and articulation of interest. 22 G OVERNANCE : S ELECTED B IBLIOGRAPHY Abed, George T. and Sanjeev Gupta. 2002. Governance, Corruption, and Economic Performance. Washington, D.C.: International Monetary Fund. Abed, George T. and Sanjeev Gupta. Governance, Corruption, and Economic Performance. Washington, D.C.: International Monetary Fund, 2002. Adler, Emanuel, and Vincent Pouliot. International Practices. Cambridge Studies in International Relations. Cambridge New York: Cambridge University Press, 2011. Anderson, Lisa. Transitions to Democracy. New York: Columbia University Press, 1999. Army Service Schools U.S. War Department, Military Aid to the Civil Power (Fort Leavenworth, Kansas: The General Service Schools Press, 1925 Bain, William. Between Anarchy and Society: Trusteeship and the Obligations of Power. Oxford: Oxford University Press, 2003. Bebber, Robert J. "TheRole ofProvincial Reconstruction Teams (PRTs) in Counterinsurgency Operations:Khost Province, Afghanistan". Small Wars Journal. Retrieved 28 December 2013 Bekkers, Victor, Geske Dijkstra, Arthur Edwards, and Menno Fenger. 2007. Governance and the Democratic Deficit: Assessing the Democratic Legitimacy of Governance Practices. Burlington: Ashgate Publishing. Bekkers, Victor, Geske Dijkstra, Arthur Edwards, and Menno Fenger. Governance and the Democratic Deficit: Assessing the Democratic Legitimacy of Governance Practices. Burlington: Ashgate Publishing, 2007. Beris, Jonathan V. Defining Stability, Security, Transition, and Reconstruction (SSTR) Operations Requirements for Future Department of the Navy Training and Analytical Models and Simulations [Electronic Resource]. Bickel, Keith B. Mars Learning: The Marine Corps Development of Small Wars Doctrine, 1915-1940. Boulder, CO: Westview Press, 2001. Binnendijk, Hans and Patrick M. Cronin Civilian Surge: Key to Complex Operations, edited by. 165-94. Washington, DC: National Defense University Press, 2009 Binswanger-Mkhize, Hans P., Jacomina P. de Regt, and Stephen Spector. 2010. Local and Community Driven Development: Moving to Scale in Theory and Practice.Washington, D.C.: The World Bank. 23 Binswanger-Mkhize, Hans P., Jacomina P. de Regt, and Stephen Spector. Local and Community Driven Development: Moving to Scalein Theory and Practice. Washington, D.C.: The World Bank, 2010. Birkhimer, William E. Military Government and Martial Law, 2nd Revised ed. (Kansas City, MO: Franklin Hudson Publishing Company, 1898; 1904). Bride, Frank “The Gendarmerie d’Haiti,” Marine Corps Gazette, vol. 3, no. 4 (Dec. 1918), pp. 297-298 Bridges, Brian and Lok Sang Ho. 2010. Public Governance in Asia and the Limits of Electoral Democracy. Northampton: Edward Elgar Publishing. Bridges, Brian and Lok Sang Ho. Public Governance in Asia and the Limits of Electoral Democracy. Northampton: Edward Elgar Publishing, 2010. Caplan, R. (2004). Partner or patron? international civil administration and local capacity-building. International Peacekeeping,11(2), 229-247. Retrieved from http://search.proquest.com/docview/228047605?accountid=12702 Coles, Harry L., and Albert K. Weinberg. Civil Affairs:Soldiers Become Governors, United States Army in World War Ii. Washington, D.C.: Office of the Chief of Military History, Department of the Army, 1964. Fishel, John T. Civil Military Operations in the New World. Westport, Conn.: Praeger, 1997. CONVENTION (IV) RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND Signed at The Hague, 18 October 1907. ENTRY INTO FORCE: 26 January 1910 gopher://gopher.law.cornell.edu/00/foreign/fletcher/HA07-IV.txt Corrigan, Philip and Derek Sayer, The Great Arch: English State Formation as Cultural Revolution, (Oxford: Basil Blackwell, 1985) Davidson, Janine. Lifting the Fog of Peace : How Americans Learned to Fight Modern War. Ann Arbor: University of Michigan Press, 2010. de Ferranti, David, Justin Jacinto, Anthony, J. Ody, and Graeme Ramshaw. 2009. How to Improve Governance: A New Framework for Analysis and Action. Washington,D.C.: Brookings Institution Press. Dewey, John. The Public and Its Problems. New York,: H. Holt and Company, 1927. Doyle, Michael “Kant, Liberal Legacies, and Foreign Affairs, part 1” Philosophy and Public Affairs Vol. 12, No. 3 (Summer 1983) and “Kant, Liberal Legacies, and Foreign Affairs, part 2” Philosophy and Public Affairs Vol. 12, No. 4 (Fall 1983) Dunne, Timothy “Liberalism” in John Baylis and Steve Smith (Eds.) The Globalization of World Politics (Oxford: Oxford University Press, 1997), pp. 147-163 24 Estrella, Marisol and Nina Iszatt. 2004. Beyond Good Governance: Participatory Democracy in the Philippines. Quezon City: Institute for Popular Democracy. Estrella, Marisol and Nina Iszatt. Beyond Good Governance: Participatory Democracy in the Philippines. Quezon City: Institute for Popular Democracy, 2004. Ferguson, Yale H., and R. J. Barry Jones. Political Space : Frontiers of Change and Governance in a Globalizing World. Suny Series in Global Politics. Albany: State University of New York Press, 2002. Fischer, William D. Untapped Air Force Resources for Stabilization and Reconstruction Operations [Electronic Resource]. Fisher, Julie. "Local and Global: International Governance and Civil Society." Journal of International Affairs 57, no. 1 (Fall 2003, 2003): 19. Ford, Jess T. Foreign Affairs [Electronic Resource] : Effective Stewardship of Resources Essential to Efficient Operations at State Department, USAID. Fukuyama, Francis “The End of History?” The National Interest Vol. 16 (Summer 1989), pp.3-16 Fukuyama, Francis. State-Building : Governance and World Order in the 21st Century. Ithaca, N.Y.: Cornell University Press, 2004. Ghani, Ashraf, and Clare Lockhart. Fixing Failed States : A Framework for Rebuilding a Fractured World. Oxford ; New York: Oxford University Press, 2008. Gilley, Bruce. The Right to Rule : How States Win and Lose Legitimacy. New York: Columbia University Press, 2009. Governance and International Legal Theory [Electronic Resource]. Nova Et Vetera Iuris Gentium. Series A, Modern International Law ; no. 2-3. Gray, John Liberalism (Minneapolis: University of Minnesota Press, 1986) Guiding Principles for Stabilization and Reconstruction. United States Institute of Peace and United States Army Peacekeeping and Stability Operations Institute, 2009. Guttieri, Karen Military Government and Civil Affairs: Lost Lessons in the American Way of War and Peace Draft m.s. Guttieri, Karen, and Jessica Piombo. Interim Governments : Institutional Bridges to Peace and Democracy? Washington, D.C.: United States Institute of Peace Press, 2007. Guttieri, Karen. "Civil-Military Relations in Peacebuilding." Sicherheitspolitik und Friedensforschung 2 (2004):79-85. 25 Guttieri, Karen. "Gaps at the Seams of the Dayton Accord: A Role Play Scenario." In Case 279 Pew Case Studies in International Affairs. Washington, DC: Institute for the Study of Diplomacy, Georgetown University, 2005. Guttieri, Karen. "Professional Military Education in Democracies." In Who Guards the Guardians and How?: Democratic Civil-Military Relations, edited by Thomas Bruneau and Scott Tollefson. Austin: University of Texas Press, 2006. Guttieri, Karen. "Stuck in the Moment: Prospects for United States Stability Operations in Iraq." In The Dilemmas of American Strategic Primacy: Implications for the Future of Canadian-American Cooperation, edited by David S. McDonough and Douglas A. Ross. 141-61. Toronto: Royal Canadian Military Institute, 2005. Guttieri, Karen. "The Civil Dimension of Strategy." In Humanizing ur Global Order, edited by Obiora Chinedu Okafor and Obijiofor Aginam. 87-111. Toronto: University of Toronto Press, 2003. Guttieri, Karen. "Unlearning War: U.S. Military Experience with Stability Operations." In Organizational Learning in the Global Context, edited by Michael Kenney Leann Brown, Michael Zarkin. London: Ashgate, 2006. Guttieri, Toward a Usable Peace Phd Dissertation, 1999. Guttieri,Karen “Making Might Right: The Legitimation of Occupation,” 45th International Studies Association Convention, Montreal Quebec 2004. Held, David. Models of Democracy. 3rd ed. Cambridge, UK ; Malden, MA: Polity, 2006. Hicks, Kathleen H., Christine E. Wormuth, and Eric Ridge. The Future of U.S. Civil Affairs Forces Center for Strategic and International Studies, 2009. Holshek, Christopher. "Civil-Military Power and the Future of Civil Affairs." The Officer 83, no. 4 (May 2007, 2007): 45-48. Holsti, Kalevi J. The State, War, and the State of War Cambridge University Press, 1996. Hull, Cordell, The Memoirs of Cordell Hull, New York: Macmillan, 1948, Vol. 2. Hull, William I. The Two Hague Conferences and Their Contribution to International Law (Boston; New York: Ginn and Company; Kraus Reprint Company, 1908; 1970).: 467. Irvine, Cynthia E. Roundhouse : A Security Architecture for Active Networks. Kalyvas, Stathis N., Ian Shapiro, and Tarek E. Masoud. Order, Conflict, and Violence. Cambridge, UK ; New York: Cambridge University Press, 2008. Keller, James Cliff. Fixing the Whole-of-Government Approach in Failed States-a Model for Security Force Assistance [Electronic Resource]. 26 Kelsen, Hans General Theory of Law and State, Anders Wedberg trans. New York: Russell and Russell, 1961; discussion in Brad R. Roth, Governmental Illegitimacy in International Law. Oxford: Clarendon Press, 1999. Kennedy, Harold. "Pentagon Broadens Duties for its Civil Affairs Teams." National Defense 87, no. 591 (Feb 2003, 2003): 36-39. Kettl, Donald F., author. System Under Stress : The Challenge to 21st Century Governance. Public Affairs and Policy Administration Series. Kooiman, Jan. 2003. Governing as Governance. Thousand Oaks:SAGE Publications. Kooiman, Jan. Governing as Governance. Thousand Oaks: Sage Publications, 2003. Kraft, Michael E., and Scott R. Furlong. Public Policy : Politics, Analysis, andAlternatives. 4th ed. Los Angeles: SAGE Publications, 2013. Kumar, Krishna. "After the Elections: Consequences for Democratization." In Postconflict Elections, Democratization, and International Assistance, editedby Krishna Kumar. 215-28. Boulder, CO: Lynne Rienner, 1998. Lambert, Alexandre. "From Civil-Military Relations Towards Security Sector Governance." European Political Science: EPS 10, no. 2 (Jun 2011, 2011): 157166. Levi-Faur, David. "From "Big Government" to "Big Governance"?" In Oxford Handbook of Governance, edited by Levi-Faur, David, 3. New York: Oxford University Press, 2012. Levi-Faur, David. 2012. "From "Big Government" to "Big Governance"?" In Oxford Handbook of Governance, by David Levi-Faur, 3-18. New York: Oxford University Press. Lijphart, Arend. Patterns of Democracy. New Haven and London: Yale University Press, 1999. Lipset, S.M. Political Man, The Social Basis of Politics New York: Doubleday, 1959. Lovan, W. Robert, Michael Murray, and Ron Shaffer. 2004. ParticipatoryGovernance: Planning, Conflict Mediation, and Public Decision-Making in Civil Society. Burlington: Ashgate Publishing. Lovan, W. Robert, Michael Murray, and Ron Shaffer. Participatory Governance: Planning, Conflict Mediation, and Public Decision-Making in Civil Society. Burlington: Ashgate Publishing, 2004. Malesky, Edmund. "Straight Ahead on Red: How Foreign Direct Investment Empowers Subnational Leaders." The Journal of Politics 70, no. 1 (2008): 97. Malesky, Edmund. 2008. "Straight Ahead on Red: How Foreign Direct Investment 27 Empowers Subnational Leaders." The Journal of Politics 70 (1): 97-119. Malik, Sarita. "The Army Civil Affairs Officer Educational Pipeline a Supply and Demand Analysis." Naval Postgraduate School, 2008. Malik, Sarita. The Army Civil Affairs Officer Educational Pipeline [Electronic Resource] : A Supply and Demand Analysis. March, James G., Martin Schulz, and Hsüeh-kuang Chou. The Dynamics of Rules : Change in Written Organizational Codes. Stanford, CA: Stanford University Press, 2000. Martin, Gail , PBS Newshour Iraq in Transition “Iraq: Key Players” date unknown http://www.pbs.org/newshour/indepth_coverage/middle_east/iraq/keyplayer s/garner.html McCloy, John J. “US Military Governor and High Commissioner for Germany, 1949-1952” in Moore, Kenneth H.,Jr. "Strategic Civil Affairs for the Long War." The Officer 84, no. 2 (Feb/Mar 2008, 2008): 51-54. Moore, Mark Harrison. Creating Public Value. 1st Replica Books ed. Bridgewater, NJ: Replica Books, 1997. Mostovicz, E. Isaac, Nada K. Kakabadse, and Andrew P. Kakabadse. "Self- Or Rule-Based Governance: Analysis of Choice-Making Behaviour." Corporate Governance 10, no. 4 (2010): 541-557. Norris, Pippa. 2008. Driving Democracy: Do Power Sharing Institutions Work? New York: Cambridge University Press. Norris, Pippa. Making Democratic Governance Work: How Regimes Shape Prosperity, Welfare, and Peace. New York: Cambridge University Press, 2012. Norris, Pippa. Electoral Engineering [Electronic Resource] : Voting Rules and Political Behavior. Pierre, Jon. Debating Governance: Authority, Steering, and Democracy. New York: Oxford University Press, 2000. Pirnie, Bruce. Counterinsurgency in Iraq (2003-2006) [Electronic Resource]. Rand Counterinsurgency Study ; v. 2. Ramos, Jennifer. Changing Norms through Actions : The Evolution of Sovereignty. New York: Oxford University Press, 2013. Regner, Tobias, Javier A. Barria, Jeremy V. Pitt, and Brendan Neville. "Governance of Digital Content in the Era of Mass Participation." Electronic Commerce Research 10, no. 1 (Mar 2010, 2010): 99-110. 28 Reynolds, Andrew. The Architecture of Democracy : Constitutional Design, Conflict Management, and Democracy. Oxford Studies in Democratization. Oxford, UK; New York: Oxford University Press, 2002. Rose, Richard. What is Governing? : Purpose and Policy in Washington. Rothstein, Bo. 2012. "Good Governance." In Oxford Handbook of Governance, by David Levi-Faur, 143-154. New York: Oxford University Press. Russett, Bruce Grasping the Democratic Peace: Principles for a Post-Cold War World (Princeton, N.J.: Princeton University Press, 1993). Sahni, Nikhil R., Maxwell Wessel, and Clayton M. Christensen. 2013. "Unleashing Breakthrough in Innovation in Government." Stanford Social Innovation Review, Summer: 26-31. Sahni, Nikhil, Maxwell Wessel, and Clayton M. Christensen. "Unleashing Breakthrough in Innovation in Government." Stanford Social Innovation Review no. Summer (2013): 26. Sandler, Stanley. Glad to See Them Come and Sorry to See Them Go: A History of U.S. Army Tactical Civil Affairs/Military Government, 1775-1991. Fort Bragg, NC: US Special Operations Command, 1998. Sassen, Saskia. Territory, Authority, Rights : From Medieval to Global Assemblages. Princeton, N.J.: Princeton University Press, 2006. Schwenk, Edmund H. "Legislative Power of the Military Occupant under Article 43, Hague Regulations," Yale Law Journal (1945) Vol. 54: 93-416 Sellers, Cameron S., and Naval Postgraduate School (U.S.). Provincial Reconstruction Teams: Improving Effectiveness (Monterey, California: Naval Postgraduate School, 2007). Sikkink, Kathryn. The Justice Cascade : How Human Rights Prosecutions Are Changing World Politics. 1st ed. New York: W. W. Norton & Co., 2011. Snyder, Jack L. From Voting to Violence : Democratization and Nationalist Conflict. 1st ed. New York: Norton, 2000. St Laurent, J.,A. (2013). Building partner capacity: Key practices to effectively manage department of defense efforts to promote security cooperation United States Government Accountability Office. Retrieved from http://search.proquest.com/docview/1373466303?accountid=12702 Suri, Jeremi, Liberty’s Surest Guardian: American Nation-Building From the Founders to Obama. New York: Free Press, 2011. 29 The Future of S/CRS – What’s in a Name? Journal of International Peace Operations Volume 6, Number 5 –March-April, 2011. Posted by Heather Price. Tilly, Charles, Coercion, Capital, and European States: A.D. 990 -1990 (Cambridge, MA: Basil Blackwell, 1990). Ubaldi,John, Jose Piedra, and Mark Kline. "Reorganize Marine Corps Civil Affairs: Being Prepared for Contingencies." Marine Corps Gazette 92, no. 10 (Oct 2008, 2008): 62-65. Understanding Counterinsurgency : Doctrine, Operations and Challenges. Cass Military Studies. United States Army, F.M. 27-5 Military Government (1940). United States Department of Defense. "QDR Execution Roadmap Building Partnership Capacity." 22 May 2006. United States. "National Security Presidential Directive / Npsd-44." White House, Washington DC: Reprinted by Federation of American Scientists, December 7, 2005 United States. Congress. Senate. Committee on Foreign Relations. Stabilization and Reconstruction : Building Peace in a Hostile Environment : Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Ninth Congress, First Session, June 16, 2005. S. Hrg. ; 109-236. United States. General Accounting Office. Issues in Implementing International Peace Operations [Electronic Resource]. United States. Government Accountability Office. Legal Services Corporation [Electronic Resource] : Governance and Accountability Practices Need to be Modernized and Strengthened : Report to Congressional Requesters. United States Joint Chiefs of Staff. "JP 3-57 Civil Military Operations." Washington DC, 11 September 2013. Wells, Donald A. The Laws of Land Warfare : A Guide to the U.S. Army Manuals (Westport, Conn.: Greenwood Press, 1992) Wolfe, Robert. Americans as Proconsuls : United States Military Government in Germany and Japan, 1944-1952. Carbondale: Southern Illinois University Press, 1984. Wuestner, Scott G., and Army War College (U.S.). Building Partner Capacity/Security Force Assistance : A New Structural Paradigm. The Letort Papers. Carlisle, PA: Strategic Studies Institute, U.S. Army War College, 2009. Yates, Lawrence A. The U.S. Military's Experience in Stability Operations, 1789-2005. Fort Leavenworth, KS: Combat Studies Institute Press, 2006. 30 Yossi Shain and Juan J. Linz, Between States: Interim Governments and Democratic Transitions Cambridge: Cambridge University Press, 1995 Ziemke, Earl F. The U.S. Army in the Occupation of Germany 1944-1946, Army Historical Series (Washington, D.C.: Center of Military History, 1975; 1990) 31 K EY A GENCIES /P OINTS P R O V I SI O N OF OF C ONTACT : G OVERNANCE E SS EN T I AL S E RV I CE S Program on Poverty and Governance, CDDRL (Stanford University).http://governance.stanford.edu Center for Effective Global Action (UC Berkeley). http://cega.berkeley.edu Development Impact Lab (UC Berkeley). http://dil.berkeley.edu Ministry of Rural Rehabilitation & Development (Afghanistan). http://mrrd.gov.af/en S T EW A R D S HI P OF S T AT E R E SO U R C ES Center for Global Development (Washington, DC). http://www.cgdev.org Governance Project, CDDRL (Stanford University). http://governanceproject.stanford.edu P O LI T I C A L M O D ER AT I O N AN D A C CO U N T ABI LI T Y Center on International Conflict and Negotiation (Stanford University) http://www.law.stanford.edu/organizations/programs-and-centers/stanfordcenter-on-international-conflict-and-negotiation-scicn Center for Deliberative Democracy (Stanford University). http://cdd.stanford.edu/ Quality of Government Institute (University of Gothenburg, Sweden). http://www.qog.pol.gu.se Department of Social Welfare & Development (Philippines). http://www.dswd.gov.ph National Solidarity Programme (Afghanistan). http://www.nspafghanistan.org Participatory Budgeting Project (Brooklyn). http://www.participatorybudgeting.org/ Carter Center (Atlanta). http://www.cartercenter.org Democracy International (Bethesda). http://democracyinternational.com World Bank Institute: Governance. http://wbi.worldbank.org/wbi/topic/governance C I V I C P A R T I CI P AT I O N AN D E MP O W ER M EN T Freedom House (Washington, DC). http://www.freedomhouse.org G E N E R AL G O V ERN AN C E Academic Institutions (US) Center on Democracy, Development, and Rule of Law (Stanford University). http://cddrl.stanford.edu Center for International Security and Cooperation (Stanford University). http://cisac.stanford.edu Program in Democracy and Governance (Georgetown University). http://government.georgetown.edu/cdacs 32 G O V E R N M EN T O R G AN I Z AT I O N S (US) US Agency for International Development (Washington, DC) http://www.usaid.gov/what-we-do/democracy-human-rights-andgovernance US Department of State: Bureau of Democracy, Human Rights, and Labor (Washington, DC). http://www.state.gov/j/drl/index.htm National Democratic Institute for International Affairs (Washington, DC) http://www.ndi.org G O V E R N M EN T O R G AN I Z AT I O N S (N O N -US) Australian Agency for International Development (Australia). http://aid.dfat.gov.au Non-Governmental Organizations (US) Asia Foundation (San Francisco). http://asiafoundation.org Urban Institute Center on International Development and Governance (Washington, DC). http://www.urban.org/center/idg N O N -G O V ER N M EN T A L O R G AN I ZA T I O N S (N O N -US) Transparency International (Germany). http://www.transparency.org Netherlands Institute for Multiparty Democracy (Netherlands). http://www.nimd.org I N T E R N AT I O N A L O R G A N I Z AT I O N S United Nations: Department of Political Affairs. http://www.un.org/wcm/content/site/undpa United Nations Research Institute for Social Development. http://www.unrisd.org United Nations Development Programme: Democratic Governance. http://www.undp.org/content/undp/en/home/ourwork/democraticgoverna nce/overview.html Organization for Security and Cooperation in Europe. http://www.osce.org 33