Constructing FM 3-24
Travers McLeod · Oxford University Press eBooks · 2014
This chapter uses the three theoretical pathways introduced in Chapter 1 to determine how, and to what effect, international law influenced FM 3-24’s development and ultimate composition. It traces through the drafting history of FM 3-24, reproduces key extracts from the drafts and draws additionally on interviews with the writing team, including General Petraeus and Conrad Crane. The first pathway looks at how FM 3-24 employs the idea of the rule of law and the degree to which deference to the rule of law required greater cognisance of international law. The second pathway examines the relationship between legality and the doctrine’s stated objective of legitimacy. The final pathway considers how the interaction between international and domestic law impacted certain debates in the drafting process, namely detainee treatment and the use of force