INSCT Publications

INSCT’s portfolio of books, white papers, working papers, proceedings, monographs, and other publications cover a spectrum of topics, including national security/counterterrorism, strategic geopolitics, homeland security, military veterans, postconflict reconstruction, and international humanitarian law.

Books & Monographs

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Soldiers on the Home Front: The Domestic Role of the American Military

By William C. Banks & Stephen Dycus (Cambridge, MA: Harvard UP, 2016)

When crisis requires American troops to deploy on American soil, the country depends on a rich and evolving body of law to establish clear lines of authority, safeguard civil liberties, and protect its democratic institutions and traditions. Since the attacks of 9/11, the governing law has changed rapidly even as domestic threats—from terror attacks, extreme weather, and pandemics—mount. Soldiers on the Home Front is the first book to systematically analyze the domestic role of the military as it is shaped by law, surveying America’s history of judicial decisions, constitutional provisions, statutes, regulations, military orders, and martial law to ask what we must learn and do before the next crisis.

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New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare

Ed. William C. Banks (NY: Columbia UP, 2014)

Recognizing that many of today’s conflicts are low-intensity, asymmetrical wars fought between disparate military forces, Banks’s collection analyzes non-state armed groups and irregular forces (such as terrorist and insurgent groups, paramilitaries, child soldiers, civilians participating in hostilities, and private military firms) and their challenge to international humanitarian law.

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Counterinsurgency Law: New Directions in Asymmetric Warfare

Ed. William C. Banks (NY: Oxford UP, 2013)

Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

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Counterterrorism Law, 2nd Edition

By William C. Banks, Stephen Dycus, & Peter Raven-Hansen (NY: Aspen, 2012)

Counterterrorism Law organizes this rapidly growing body of law into discrete, coherent, and pedagogically efficient parts. The text is a concise introduction to the making and enforcing terrorism law and policy. Adaptable for use in seminars as well as courses with limited class hours, Counterterrorism Law covers not only core issues of detention, interrogation, and law enforcement but also related issues of data-mining, screening, civil liability, targeted killing, and sanctions.

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National Security Law, 5th Edition

By William C. Banks, Stephen Dycus, Peter Raven-Hansen, & Arthur L. Berney (NY: Aspen, 2011)

National Security Law provides the broadest exploration of both constitutional and domestic law issues in national security of any book in the field. This highly respected team of authors uses expressive and descriptive text to provide context and informative historical and background information as well as thoughtful treatment of related international law topics. The fifth edition features the most recent and important cases as well as excerpts from significant reports and other materials. 

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Russia’s Power Ministries: Coercion & Commerce

By Brian D. Taylor, INSCT Monograph (October 2007)

Russian President Vladimir Putin has increased the power and resources of Russia’s power ministries – military, security, and law enforcement agencies. He also has empowered many political allies with backgrounds in these structures, placing them in important positions throughout the state, and in state-owned businesses. Corrupt and inefficient Russian power ministries potentially threaten US foreign and security interests, particularly in terms of nonproliferation and transnational crime and terrorism. The US should continue to cooperate where possible with Russia on important security interests, but must be aware of how the “commercialization” of the power ministries affects their behavior and complicates joint projects.

Research Papers/Working Papers/White Papers

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The Origins of American Counterterrorism

By Michael Newell, Ph.D. Student, SU Maxwell School, INSCT Working Paper 2016 (research funded by the Andrew Berlin Family National Security Fund)

While much attention has been paid to the American state’s reaction to the Sept. 11, 2001, attacks, the origins of institutions and ideas deployed in the War on Terror in historical conceptions of terrorism and political violence have been overlooked. In this paper, I analyze these historical origins through the American state’s response to Ku Klux Klan (KKK), Irish-American Fenian, and anarchist political violence from the end of the Civil War in 1865 until the 1920 bombing of Wall Street, the last alleged significant act of anarchist violence. I argue that this history demonstrates a process of threat construction and changes in institutions, laws, and policies. These changes came about through a mixture of complex social and political factors, but the perception of threat significantly influenced their content and the populations they were directed against.

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Missing Perspectives: Servicemembers’ Transition from Service to Civilian Life

By Corri Zoli, Rosy Maury, Danny Faye, & Nick Armstrong, Institute for Veterans and Military Families (IVMF) Higher Education Research Series 2015 (research funded by Google, IVMF, and others)

Developed with generous support from a Google Global Impact Award and in dialogue with our partners—the Student Veterans of America (SVA), the Posse Foundation, and the Veterans of Foreign Wars (VFW)—this summary report uses an interdisciplinary, data-driven approach to understand how today’s Post-9/11 military servicemembers are faring in their transition processes, especially in higher education.

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Rethinking Command & Control 
Systems in Emerging Nuclear Nations: Evidence from South Asia

By David Arceneaux, Ph.D. Student, SU Maxwell School, INSCT Working Paper 2015 (research funded by the Andrew Berlin Family National Security Fund)

When evaluating emerging nuclear powers, researchers often devote attention to the quantity and quality of a state’s physical nuclear arsenal while overlooking command and control structures. These measures of nuclear capacity, however, are more useful for generating estimates of a state’s nuclear intentions than accounting for how a nuclear state’s organizations might operate in practice. Any explanation of how these states operate in practice must account for the role of command and control. By explaining the factors that affect command and control systems within emerging regional nuclear states, researchers can better understand the practical employment of nuclear capabilities, which offers insight into how destabilizing future proliferators may be for regional and global security.

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The “God Gap” in International Humanitarian Law: Lessons Learned from Islamic Jurisprudence

By Corri Zoli, INSCT Working Paper (January 2012)

This essay bridges security and legal studies to show how contemporary debate over humanitarian legal norms today in both Islamic and international law traditions is a response to tectonic shifts in global conflict patterns now occurring in the post 9/11 security environment. If these shifts have helped raise these legal norms and their gaps to new heights of global discussion, this reflexive moment is overwhelmingly positive—provided that such attention, particularly in the Islamic context, is framed in ways adequate to the complexity of our changing international security environment.

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Patterns of Conduct: Libyan Regime Support for and Involvement in Acts of Terrorism

By C. Zoli, S. Azar, & S. Ross, UNHRC Commission of Inquiry into Human Rights Violations in Libya (2010)

This Report provides a brief history and outline of documented examples of Libyan support, funding, and involvement in acts of terrorism and related international
humanitarian and human rights violations over the course of Colonel Mu’ammar al-Qadhafi’s 40 years of leadership.

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Transition and Reconstruction in Afghanistan: Evolving US-Afghan Partnerships

By C. Zoli & N. Armstrong, Kabul International Visitor Leadership Program Report (January 2012)

This report provides an overview of INSCT’s US Department of State/US Embassy-Kabul International Visitor Leadership Program, which provided the Afghan Governor of Laghman Province, Mohammad Iqbal Azizi, opportunities to experience first-hand examples of US democratic governance at the federal, state, and local levels and which exposed US academics and policymakers to an emergent Afghan leader’s approach and to perspectives about Afghan provincial transition and reconstruction processes.

Dissertations & AWC Reports

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Analysis of US Army Preparation for Megacity Operations

By COL Patrick Kaune, INSCT/Army War College Fellow 2016

The United States US Army Chief of Staff Studies Group has identified the megacity as a future challenge to the security environment. Due to their complexity, megacities present a vulnerable and challenging future operational environment. Currently, however, the US Army is incapable of operating within the megacity. The US Army must think and learn through leveraging partnerships, which enhance institutional understanding. Historical experiences and lessons learned should assist in refining concepts and capabilities needed for the megacity. Continued leadership of an integrated joint scenario driven effort will inform future force organization and employment, and by utilizing a framework of Doctrine, Organization, Training, Materiel, Leadership, Personnel and Facilities (DOTMLPF), the US Army should prepare itself for the megacity challenge. The US Army paradigm of Think—Learn—Analyze—Implement paradigm should also aid in the preparation.

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Modernizing Benefits: Supporting Veterans & the Federal Budget

By LTC Patricia Hagen, INSCT/Army War College Report 2015

During a time of dwindling resources and competing requirements, the future of our veterans’ care and benefits remains uncertain. It is our obligation as a nation to establish a strategy to ensure support for those who defend our freedom and protect our way of life. It is also our fiduciary responsibility to the American public to ensure this strategy is manageable given a fiscally constrained environment. This paper discusses issues of supporting an All Volunteer Force and also will provide a brief overview of the US Department of Veterans Affairs (VA) system’s current practices and trends in benefit claims. It then recommends possible courses of action with respect to military retirement and benefits reform as well as VA disability benefits. Ultimately, this paper advocates that a national policy must be implemented to benefit the military and our society as a whole.

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The Prospects of Institutional Transfer: A Within-Case Study of NATO Advisor Influence Across the Afghan Security Ministries and National Security Forces, 2009-2012

By Nicholas J. Armstrong, Ph.D. Dissertation 2014

This dissertation is an in-depth case study of NATO advisors and their perceived influence in Afghanistan (2009-2012). It explores the two-part question, how do foreign security actors (ministerial advisors and security force trainers, advisors, and commanders) attempt to influence their host-nation partners, and what are their perceptions of these approaches on changes in local capacity, values, and security governance norms? I argue that security sector reform (SSR) programs in fragile states lack an explicit theory of change that specifies how reform occurs. From this view, I theorize internationally led SSR as “guided institutional transfer,” grounded in rationalist and social constructivist explanations of convergence, diffusion, and socialization processes.

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Russia’s Strategic Window of Opportunity in Eurasia

By LTC Craig Baumgartner, INSCT/Army War College Report 2014

Events surrounding the European Union’s Eastern Partnership Summit in Vilnius, Lithuania in late November 2013 foreshadow what Eurasian states will experience in the coming decade. Ukraine’s pivot back to the east—coupled with Moldova, Georgia, and others always looking over their shoulders and Armenia’s abrupt end to considering the EU Association Agreement—begs the question: what key geostrategic factors are motivating these outcomes? Addressing this question—and its related contexts and causes—depends upon understanding the contemporary geostrategic reality facing Eurasia, and importantly, Russia’s and other influential
players’ emerging political calculus.

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Whole Of Government Approach To Countering Domestic IEDS: Leveraging Military Capabilities

By COL Geoffrey Stevens, INSCT/Army War College Report 2012

Shortfalls in current law, military doctrine, organizational structure, training and information sharing protocols are preventing an optimized and united, or “whole of government” approach to addressing the threat of an IED attack on US soil as called for in HSPD-19 and the National Security Strategy. This paper explores those shortfalls and recommends several solutions. Chief among them is establishment of a US Department of Defense counter-IED Joint Task Force (JTF) headquarters to facilitate improved response, training, and sharing of information from military Explosive Ordnance Disposal (EOD) forces in support of civil law
enforcement authorities.

Proceedings

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Challenges in the Struggle Against Violent Extremism: Winning the War of Ideas

Proceedings from the 2006 INSCT-Bantle Symposium

All the contributors to the Symposium share the view expressed by Bantle Professor Montgomery Meigs that successes in the struggle against violent extremism will occur only when government and the private sector combine forces. Business models and private sector leadership and management solutions will help develop the technologies and ideas that will support government in its ongoing efforts to combat extremist forces.

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The War on Terrorism: Round II

Proceedings from the 2005 INSCT-Bantle Symposium

The articles collected in this book build on presentations made by panelists at the symposium. They examine executive branch challenges in forming counterterrorism policy; dilemmas faced by governments in liberal democracies in countering terrorism; the composition, formation, and operation of groups involved in the global salafi jihad; and legal considerations in the war on terrorism especially concerning the use of coercive interrogation to obtain critical intelligence.