The German Military Entrepreneur Ernst von Mansfeld and His Conduct of Asymmetrical Warfare in the Thirty Years War

The dissertation examines aspects of asymmetrical warfare in the war-making of the German military entrepreneur Ernst von Mansfeld during his involvement in the Thirty Years War. Due to the nature of the inquiry, which combines history with military-political theory, the methodological approach of the dissertation is interdisciplinary. The theoretical framework used is that of asymmetrical warfare. The primary sources used in the dissertation are mostly political pamphlets and newsletters. Other sources include letters, documents, and contemporaneous chronicles. The secondary sources are divided into two categories, literature on the history of the Thirty Years War and textbooks covering the theory of asymmetrical warfare. The first category includes biographical works on Ernst von Mansfeld, as well as general histories of the Thirty Years War and seventeenth-century warfare. The second category combines military theory and political science. The structure of the dissertation consists of eight lead chapters, including an introduction and conclusion. The introduction covers the theoretical approach and aims of the dissertation, and provides a brief overlook of the sources and previous research on Ernst von Mansfeld and asymmetrical warfare in the Thirty Years War. The second chapter covers aspects of Mansfeld s asymmetrical warfare from the perspective of operational art. The third chapter investigates the illegal and immoral aspects of Mansfeld s war-making. The fourth chapter compares the differing methods by which Mansfeld and his enemies raised and financed their armies. The fifth chapter investigates Mansfeld s involvement in indirect warfare. The sixth chapter presents Mansfeld as an object and an agent of image and information war. The seventh chapter looks into the counter-reactions, which Mansfeld s asymmetrical warfare provoked from his enemies. The eighth chapter offers a conclusion of the findings. The dissertation argues that asymmetrical warfare presented itself in all the aforementioned areas of Mansfeld s conduct during the Thirty Years War. The operational asymmetry arose from the freedom of movement that Mansfeld enjoyed, while his enemies were constrained by the limits of positional warfare. As a non-state operator Mansfeld was also free to flout the rules of seventeenth-century warfare, which his enemies could not do with equal ease. The raising and financing of military forces was another source of asymmetry, because the nature of early seventeenth-century warfare favoured private military entrepreneurs rather than embryonic fiscal-military states. The dissertation also argues that other powers fought their own asymmetrical and indirect wars against the Habsburgs through Mansfeld s agency. Image and information were asymmetrical weapons, which were both aimed against Mansfeld and utilized by him. Finally, Mansfeld s asymmetrical threat forced the Habsburgs to adapt to his methods, which ultimately lead to the formation of a subcontracted Imperial Army under the management and leadership of Albrecht von Wallenstein. Therefore Mansfeld s asymmetrical warfare ultimately paved way for the kind of state-monopolized, organised, and symmetrical warfare that has prevailed from 1648 onwards. The conclusion is that Mansfeld s conduct in the Thirty Years War matched the criteria for asymmetrical warfare. While traditional historiography treated Mansfeld as an anomaly in the age of European state formation, his asymmetrical warfare has begun to bear resemblance to the contemporary conflicts, where nation states no longer hold the monopoly of violence.

An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

Kansanomainen moraali : Tutkimus savolaisista ja pohjalaisista uskomustarinoista

In my research I discuss belief legends as representations of folk morals. Doing wrong is not one s private affair because it can have consequences for the life of a whole community, and therefore, it is in a community s interest to control the conduct of its members. Belief legends have served as a means of instruction for proper behaviour. In this way a community has contributed to the socialization of its members so as to make them comply with common norms and morals. My study is focused on belief legends relating to some type of offence (a crime, an infringement or another kind of misdeed) and its consequences. I try to find out whether there are regional differences and similarities. The material consists of 3120 warning legends that have been recorded in the years 1881‒1981, mainly in Southern Savo and Southern Ostrobothnia, partly in Northern Savo and Northern Ostrobothnia. I have collected the material at the Folklore Archives of the Finnish Literature Society. As a research method I apply discourse analysis to outline the schematic model of the legends, the superstructure, and the substance of the legends, the semantic macrostructure. Also I apply quantitative methods such as cross tabulations in order to establish regional differences and similarities in the concentrated and far abstracted semantic macrostructure of the legends. I look for explanations for the perceptions made in, above all, the cultural context but also with the view of the development of judicial history. Warning legends relating to what is wrong or right are clearly an expression of peasant folklore. The most common types of offences are violations of law and transgressions of Christian traditions and of social conduct. Transgression of Christian traditions is the most frequently committed offence in all geographical areas surveyed. Warning legends have an explicit focus on offence committed by a single person. The most common punishing figure in Southern Savo is the Devil, in Southern Ostrobothnia the Dead, in Northern Savo God, and in Northern Ostrobothnia the Dead or God. The most rigid folk morals are manifested in legends from Northern Savo, where narratives of mortal sin are more frequent than in other areas. The influence of the revivalist movements may be alleged in explanation of this phenomenon. According to these legends people living in Southern Savo are the most tolerant of those included in the study, presumably because of a more liberal revivalist movement in this area, called the Friendship movement. In folk morals women are treated more severely than men. Characteristic of the legends from Ostrobothnia is the emphasis on community, while the legends from Savo lay stress on individuality. The legends from Ostrobothnia manifest a more explicit distinction between the offence committed by a woman and one committed by a man than do legends from Savo. An explanation may be found in the prevailing industries, adherent in the division of labour between the sexes, in this region. The legends are man-centric. Women s occupations are connected with home and family, whereas men s fields of activities are wider. Women moralise each other harsher than do men. Folk morals advise people to be moderate in every sense. Through belief legends people are taught to respect human beings and the rest of creation, to obey the Christian religion and God, and to be moderate in search of wealth.