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James Nelson - Military Operations from Kosovo to Kabul: The Unique Experiences of a Combat Lawyer

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In this highly unusual role for a lawyer, the author found himself in 1998 having to learn on his feet at a frightening pace as the newly promoted senior legal advisor to the charismatic General Sir Mike Jackson, the commander who led the Allied Rapid Reaction Corps into strife-torn Kosovo the following year to restore some sort of normality in the aftermath of the NATO bombing campaign.
A peace deal was finally signed, only for Russia to intervene at the eleventh hour. The author was asked to provide rules of engagement for NATO to eject a stubborn Russian unit from Pristina by force, amongst fears of starting World War III, one of the few occasions when he thought perhaps civilian legal practice might not have been such a bad idea after all.
Ten years later the author was back at HQ ARRC, promoted to Colonel. The culture shock on this occasion was not so much, spending six months in Afghanistan as being professionally embedded in a large American military legal office led by a hyper energetic US officer from the deep south. Unlike the short, sharp Kosovo experience in central Europe, this war in central Asia was the longest in the history of the USA, although for the British it was just the latest in a succession of operations going back two centuries to the Great Game.
Trying to apply the law, balancing the need for aggression with compliance with Western notions of human rights, and vain efforts to win over the hearts and minds of a proud but impoverished people historically blighted by conflict proved to be unimaginably fraught.
Military Operations From Kosovo to Kabul is one experienced soldiers fascinating account of these historic events, seen on the ground from the perspective of a legal professional, seldom associated with fighting wars.

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MILITARY OPERATIONS FROM KOSOVO TO KABUL
To Henry
MILITARY OPERATIONS FROM KOSOVO TO KABUL
THE UNIQUE EXPERIENCES OF A COMBAT LAWYER
COLONEL JAMES NELSON
Military Operations from Kosovo to Kabul The Unique Experiences of a Combat Lawyer - image 1
First published in Great Britain in 2021 by
PEN AND SWORD MILITARY
An imprint of
Pen & Sword Books Ltd
Yorkshire Philadelphia
Copyright Colonel James Nelson, 2021
ISBN 978 1 39900 461 9
eISBN 978 1 39900 462 6
The right of Colonel James Nelson to be identified as Author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.
A CIP catalogue record for this book is available from the British Library.
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording or by any information storage and retrieval system, without permission from the Publisher in writing.
Pen & Sword Books Limited incorporates the imprints of Atlas, Archaeology, Aviation, Discovery, Family History, Fiction, History, Maritime, Military, Military Classics, Politics, Select, Transport, True Crime, Air World, Frontline Publishing, Leo Cooper, Remember When, Seaforth Publishing, The Praetorian Press, Wharncliffe Local History, Wharncliffe Transport, Wharncliffe True Crime and White Owl.
For a complete list of Pen & Sword titles please contact
PEN & SWORD BOOKS LIMITED
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Website: www.pen-and-sword.co.uk
Or
PEN AND SWORD BOOKS
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Contents
Acknowledgements
First, to my wife and son, for their unfailing support and secondly, to Sir Julian Brazier for kindly agreeing to provide the foreword.
I have long since lost contact with the officers and men of 2/7 Gurkha Rifles but my brief experience of life with them in the Far East kindled my interest in the army and stood me in very good stead during my later military career, as well as providing the background to this book. For me, Brunei established the benchmark for discomfort on military duty even though we were only on exercise! and I am full of admiration for those men and their successors in our, now sadly much diminished, Brigade of Gurkhas.
Both on and off operations, my friends and colleagues in the ALC/ALS have not only always been professionally supportive and a tremendous help and great company socially but also an inspiration for this book, which I hope illustrates the importance as well as some of the challenges and frustrations of operational law.
Among them, in no particular order, my special thanks go to John Taylor, Mike Clarke, David Hawley, Tom Glynn, Neil Jones, Roger Lewis, Stephen Vowles, Jeremy Moon, Charles Swabey, Gordon Risius, Phil McEvoy, Patrick Mason, John Bowman, Jane Eyton-Jones, Alasdair Morrison, John Hardy, Gary Adams, Darren Stewart, Charles Bullough, Cathy Braddick-Hughes, David Reddin, Philip Norris, Pippa Hanson, Tony Paphiti, Jo Bowen, Nigel and Juliet Jones, Mark Dakers, Charlie and Leigh Barnett, Jim Johnston, Gavin Davies, Mike Cole, Dick Austin, Tim Matthews, Dieter Rollecke, Lee Burney, Neil Keery and Anna Labus, and now sadly deceased John Murray, Mike Fugard and Tony Rogers.
I have worked with many others in various organizations, both preparing and deploying on these operations whom I would like to thank for their help, encouragement and companionship. In particular, Generals Mike Jackson, Andrew Ridgway and Mike Maples in the ARRC first time round and Richard Shirreff, Tim Evans and Curtis Scaparotti, as well as Iain Harrison, Paddy Allison, Mark Wentworth, Mike Bennett, Martin Lilley, Rob Davie, Pat Cairns, Sally Finch and Pietro dAndrea the second time.
Also, thanks to my Dutch legal colleagues, Wiebe Baron and Bart Haverman and roommate Ren Pals.
In the US JAG Corps: in Kosovo, thanks to Brian Palmer and Mark Martins, and in Kabul to all the crew in the Swamp at KAIA, brilliantly led by Walt Rock Hudson, not forgetting Dave Swanson the Aussie. I worked closely with US officers during my operational deployments and, contrary to the impression which may be given by many of my old-fashioned references to the way they sometimes do business, I found them tremendous comrades.
Thank you to all the permanent and visiting staff and presenters at the International Institute for Humanitarian Law in San Remo, Italy, especially my friends, Juhani Loikannen, Karl Edlinger, Maria Jonsson, Patrizia di Pietro and the late Andr Retief.
Also, to all those at the sharp end. With sincere apologies to the many failed by my geriatric memory.
This book is for my dear brother Henry Stuart Stythe, who died of Covid-19 while I was writing it.
Abbreviations and Acronyms
AFOR
Albania Force
AFSouth
Armed Forces South
ALA
Army Legal Aid later Army Legal Assistance
ALC
Army Legal Corps
ALS
Army Legal Services
ANA
Afghan National Army
ANSF
Afghan National Security Forces
AP(s)
Additional Protocol(s) to the GCs
APA
Army Prosecuting Authority
CAP
combat air patrol
CDS
Chief of Defence Staff
CG
Commanding General
COIN
counterinsurgency
COS
Chief of Staff
CP
close protection
CSBM
Confidence and Security Building Measures
DFac
dining facility
DOT
Detention Oversight Team
DPH
directly participating in hostilities
ECHR
European Convention on Human Rights
ECSC
European Coal and Steel Community
FARC
Fuerzas Armadas Revolutionarios de Colombia
FOB
forward operating base
FRY
Federal Republic of Yugoslavia
FYROM
Former Yugoslav Republic of Macedonia
GCs
Geneva Convention(s)
HQNI
Headquarters Northern Ireland
IAC
international armed conflict
ICTY
International Criminal Tribunal for Yugoslavia
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