Gaps also exist in NATO doctrine. Allied Joint Publication 9
(AJP-9), NATO Civilian-Military Cooperation and AJP-3.4(A) Allied Joint
Doctrine for Non-Article 5 Crisis Response Operations’ and lower level doctrine
such as ATP-3.4.1.1 ‘Peace Support Operations Tactics, Techniques and
Procedures’ are all pertinent to this discussion. Despite overt recognition of
the importance of ‘human security’ (see AJP 3.4–4), much NATO doctrine tends to
treat POC as an implicit product of the restraint of arms carriers rather than
as a discrete approach in its own right - arguably reflecting NATO’s historical
role in defending national territories rather than protecting foreign
individuals, as well as national political cultures where the protection of
civilian populations is primarily the responsibility of host governments and
civilian police forces. In this approach the principles of distinction
(particularly drawing distinctions between military targets and civilian
persons or objects) and proportionality (limiting the collateral damage
entailed by attacking military objectives) are rooted in an assumption that
warfare is about compelling enemy combatants to submit and that targeting
civilians provides little strategic value (Bruderlein 1999: 430). It is also
based on a belief that states will hold to account their armed forces. In this
sense current NATO doctrines are more appropriate a non-interventionist Cold
War territorial alliance but have clearly been stretched by operations in
Afghanistan and Libya. Arguably, this is surprising given NATO’s previous roles
in using force to protect civilians in both Bosnia (1994–1995) and Kosovo
(1999).
Whilst not treated as a distinct topic in any NATO doctrine,
there are several components of a protection strategy including frequent
mention of the restoration of law and order, the protection of humanitarian
organisations, the creation of a safe and secure environment, freedom of
movement, the preservation of basic human rights and support to investigations
into abuses of human rights. NATO’s AJP-9 publication, clearly reflecting
NATO’s experiences in the Balkans, specifically mentions the possibility of a
NATO-led peace enforcement mission ending widespread human rights abuses and
restoring the rule of law as a precursor to handing the operation over to a UN
(or other) peacekeeping force or the host nation. It also goes somewhat further
in identifying an operational POC doctrine than the US equivalent, drawing
attention to a potential role in establishing a ‘secure environment’ which may
be ‘extended to include the safeguarding of individuals, communities and
institutions’ (AJP-9 2003: 6–7). However, it is clumsy in its explanation as to
how this would be achieved, arguing that a peace support force ‘prepared for
combat’ may be capable of ‘curtailing human rights abuses, and creat[ing] a
secure environment in which civilian agencies can address the underlying causes
of the conflict and address the requirements for peace building’ (Ibid: 6–13).
Again, the military role is defined in terms of a capacity for ‘combat’ as
opposed to the development of particular approaches for providing protection at
anything less than an industrial scale.
This reluctance in operationalising tactical approaches to
POC is reflected in AJP-3.4(A) ‘Allied Joint Doctrine For Non-Article 5 Crisis
Response Operations.’ This makes brief references to the necessity for rule of
law, highlighting support to its restoration as a specific potential mission -
although it sets clear limits in describing this as taking place in ‘exceptional
circumstances’:
While civilian law enforcement is not a NATO function, the
latter environment may require military involvement in support of local law and
order tasks, including operations to maintain local law and order, during the
initial stages of an operation until appropriate civil authorities can resume
their tasks.
It also makes clear that these types of operation require
joint planning with other organisations: ‘when appropriate, NATO should seek
the support of other IOs (like the UN, the EU or the OSCE) that have a mandate,
resources, and experience concerning involvement in public security’. Perhaps
unsurprisingly, the doctrinal contribution falls far short of providing an
operational concept for POC.
Largely as a response to these and the broader challenges
encountered in Afghanistan, NATO published its NATO Bi-SC Counter-Insurgency
Joint Operational Guidelines (JOG) in 26 May 2010 (hereafter JOG 10/01). Again
there is the traditional emphasis on securing the population from the insurgent
and recognition that ‘early provision of basic protection is a key determinant
for sustainable progress because political progress is unlikely to take place
in the midst of chronic human insecurity’ (Beadle 2010). Similar to the UK JDP
3–40, it provides some detail on possible protection tasks, such as ‘protecting
civilians from local bandits in refugee camps, escorting humanitarian convoys,
patrolling in villages, and the importance of protecting civilians from attacks
at night.’(JOG 10/01: 513–515)
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