Blame it on the Romans: Pax Americana and the Rule of Law

Abstract

You may fly over a land forever; you may bomb it, atomize it, pulverize it and wipe it clean of life-but if you desire to defend it, protect it, and keep it for civilization, you must do this on the ground, the way the Roman legions did, by putting your young men into the mud. --T. R. Fehrenbach, This Kind of War In the third century before Christ, Roman legions gained control of the region around Rome. Over the next two centuries they conquered the Italian peninsula, defeated the Carthaginians and Greeks for regional domination, and extended their hegemony throughout the Mediterranean. In the end they created the Romana. The Romans were efficient conquerors and superb administrators. More important, their legions set the conditions for centuries of peace and prosperity. Roman roads sped commerce as well as armies. Arts, literature, and education flourished from England to Mesopotamia, and from Germany to North Africa. They built magnificent cities and elevated the quality of life throughout their empire, for Romans and non-Romans alike. They had no peer competitor. And they left us records of their achievements. Rome's legacy of a unified, stable world at peace within secure borders proved far more enduring than its empire. The idea, if not the reality, of a Holy Roman Empire lasted well into the modem era. In the 19th century the British Empire established political and military control over a large portion of the planet and amassed both wealth and power. It is no coincidence that this period is remembered as the Britannia. Since the end of World War II in 1945, America and the West generally have enjoyed peace and prosperity. Despite the Cold War, occasional regional wars, and a variety of local conflicts and revolutions, this era is often referred to as the in view of the protection and stability provided by American military and economic power. That power rebuilt Europe and caused the collapse of the Soviet Union. The Pax Americana Today, America stands unchallenged as a global power, projecting its economic and military strength throughout the world. American values and ideals form the basis for international discourse. There are those who do not share these values, and others who openly and violently struggle against them. Nonetheless, the Pax Americana is a reality. The question is, where do we go from here? Finding themselves inheritors of the mantle of empire, Americans evince little enthusiasm for the burdens it entails. Despite American reticence, international efforts at peacekeeping and peacemaking led by the United States enjoyed considerable success in the last decade, along with notable failures and a great deal of frustration. The world remains a dangerous place, even more so since the terrorist attacks of 11 September 2001. (2) Universal peace remains a goal beyond the reach of human nature, but the pursuit reflects favorably on man's nobler ideals. The subject of this article is the use of military power, particularly American power, to establish and enforce global peace. The focus is on legal considerations of peace enforcement, (3) particularly complicated questions of international law. (4) Critical to this analysis is how the United States and the international community apply evolving concepts of international humanitarian law. Recent experiences with operations other than war, including peace enforcement, will serve to illustrate the challenges confronting international peacekeepers. Lawyers representing the United Nations, nongovernmental organizations, and military forces are frequently found on the front lines of modern contingency operations. No operation takes place without extensive legal review, Ironically, the legal community, both military and civilian, is often regarded as an obstacle on the road of progress by military colleagues and by the general public. …