CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

More documents

Recommendations

Info

manual and disseminating it to the Contras 8. Attacks on Nicaraguan territory and declaration of a trade embargo 9. Attacks on Nicaraguan territory and declaration of a trade embargo 91 certain contrary acts Depriving of its object and purpose the Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of Nicaragua (1956) Breach of Obligations under the Treaty of Friendship, Commerce and Navigation between the United States of America and the Republic of Nicaragua (1956) Principles of Humanitarian Law by 14 to 1 * Treaty Law In favour by 12 to 3 Treaty Law In favour by 12 to 3 Table 2-5 Decision of the ICJ in Regard to the Military and Paramilitary Activities (Nicaragua vs US) Case 1986. (Author’s table) The Court further decided (by 12 votes to 3) that the US should refrain from all acts that the Court had ruled in breach of legal obligations and (by 12 to 2 in the case of breaches of Customary International Law and 14 to 1 in the case of the Treaty of Friendship) that the US should make reparations to Nicaragua, the amounts eventually estimated by an independent international commission to be set between $17-18 billion. 78 On 31 July 1986, Congo, Ghana, Madagascar, Trinidad and Tobago, and the United Arab Emirates submitted a draft resolution 79 calling on the US to comply with the Court’s decision (original emphasis): Taking Note of the Order of 10 May 1984 of the International Court of Justice (S/16564) on the Provisional Measures of Protection, its Judgement of 26 November 1984 on the jurisdiction and admissibility of the demand on 9 April 1984 presented by Nicaragua and the final Judgement of the Court on Military and Paramilitary Activities in and against Nicaragua on 27 June 1986 (S/18221), Aware that, according to the Charter of the United Nations, the International Court of Justice is the principal judicial organ of the United Nations and that * but not that the acts committed were themselves immutable to the United States.
each Member undertakes to comply with the decision of the Court in any case to which it is a party, … , … , 2. Makes an urgent and solemn call for full compliance with the judgement of the International Court of Justice of 27 June 1986 in the case of Military and Paramilitary Activities in and against Nicaragua (S/18221); … The US exercised its veto. (The UK abstained). Explaining his country’s negative vote the US representative argued that the resolution would have added nothing to the achievement of a peaceful and just settlement of the dispute; that it failed accurately to represent the situation in Central America; and he reiterated the US view that the Court had asserted jurisdiction without proper basis. 80 The matter was not formally closed until 1991 when, with the ending of the civil war and the election of President Barrios de Chamorro, Nicaragua withdraw the case 81 as a result of intense pressure from the Bush Administration which made such renunciation a condition of future US aid. 82 The point here is not to attack the United States for its actions in Nicaragua, nor its refusal to recognise the jurisdiction of the Court, nor even its partisan use of the veto to protect itself from censure. Rather it is to highlight by way of a stark example, a principal failure of the legalist paradigm: the law is nothing if it is not applicable in equal measure to all. US rejection of the Court’s jurisdiction was on the grounds that much of the world ‘often opposes the United States on important international questions’ thereby obliging it to ‘reserve to ourselves the power to determine..(what falls) essentially within the domestic jurisdiction of the United States, as determined by the United States’ 83 A similar statement is to be found as early in the development of the legalist paradigm as the US reservations to the post-World War One Peace Treaty with Germany, in the formative days of the League of Nations: The United States reserves to itself exclusively the right to decide what questions are within its domestic jurisdiction, and declares that all domestic and political questions relating wholly or in part to its internal affairs, ….. are solely within the jurisdiction of the United States and are not under this Treaty to be submitted in any way either to arbitration or to the consideration of the Council or of the Assembly of the League of Nations or any agency thereof, or to the decision or recommendation of any other Power. 84 92
Page 1 and 2:
CRANFIELD UNIVERSITY DAREN BOWYER J
Page 3:
ABSTRACT For nearly two millennia j
Page 7 and 8:
CONTENTS Abstract ……………
Page 9 and 10:
GLOSSARY OF ACRONYMS Acronym Meanin
Page 11 and 12:
which such political decisions are
Page 13 and 14:
worst of all, continuall feare, and
Page 15 and 16:
fact it does positive harm.’ 15 T
Page 17 and 18:
whole with the interests of the fit
Page 19 and 20:
war should be entered into without
Page 21 and 22:
matter for realist determination, t
Page 23 and 24:
and has returned to the fore of pol
Page 25 and 26:
This is the context against which K
Page 27 and 28:
equired to make war, and the people
Page 29 and 30:
a clear perception of the new world
Page 31 and 32:
which Keohane 59 defines as ‘pers
Page 33 and 34:
underpinnings. As well as making th
Page 35 and 36:
states) and could be predicted thro
Page 37 and 38:
Hobbesianism/ Machiavellianism (Wig
Page 39 and 40:
It recognises both that war and a s
Page 41 and 42:
European Convention on Human Rights
Page 43 and 44:
the other side of liberalism, possi
Page 45 and 46:
the principal foci of this thesis.
Page 47 and 48:
The clearest evidence for the stabi
Page 49 and 50: if we take Willard’s analogy, it
Page 51 and 52: promotion of common goals, there ca
Page 53 and 54: But shortly afterwards he continues
Page 55 and 56: premise by which Augustine came to
Page 57 and 58: understood only to apply between Ch
Page 59 and 60: Writing against the backdrop of a s
Page 61 and 62: have ‘plausible pretext.’ His w
Page 63 and 64: As Gross’s title suggests, this o
Page 65 and 66: organisations/arrangements acting u
Page 67 and 68: the realist must be persuaded that
Page 69 and 70: eserving to a supra-national body t
Page 71 and 72: 70 K Waltz, Man, The State and War.
Page 73 and 74: 153 Emerrich De Vattel, The Law of
Page 75 and 76: must again be found from first prin
Page 77 and 78: philosophically the ultimate expres
Page 79 and 80: Notwithstanding the significant ste
Page 81 and 82: nationalist regime. Had the Soviet
Page 83 and 84: The operation and extent of the vet
Page 85 and 86: 59 over membership issues 38 . The
Page 87 and 88: (Of course, history was to show he
Page 89 and 90: Four years later, in early 2003, it
Page 91 and 92: 2.2.3 Practical Failings Other fail
Page 93 and 94: nearly all important points. Not al
Page 95 and 96: equipped and trained forces were re
Page 97 and 98: Charter and apparently outwith its
Page 99: Navigation with Nicaragua. The Unit
Page 103 and 104: There is a second, related, point t
Page 105 and 106: 2.2.4 Reordering the Value Set: New
Page 107 and 108: There was a growing recognition, th
Page 109 and 110: … … The global threat to our se
Page 111 and 112: levels of analysis will be used: th
Page 113 and 114: The dangers of unilateralism were a
Page 115 and 116: Still, there is no denying that the
Page 117 and 118: operation around Fallujah, a politi
Page 119 and 120: Figure 2-1: Hooded Iraqi Prisoner a
Page 121 and 122: international resolve; in 2003, sig
Page 123 and 124: into the First World War to “make
Page 125 and 126: As a side-issue, but closely relate
Page 127 and 128: … I suppose American power is mor
Page 129 and 130: Scholars have identified a number o
Page 131 and 132: The poor poll showing increased con
Page 133 and 134: 167. 181 In the concurrent County a
Page 135 and 136: lack of clear justification for the
Page 137 and 138: Thinking of the position of individ
Page 139 and 140: Regiment of Fusiliers for abuse of
Page 141 and 142: The final issue to be considered fr
Page 143 and 144: during his premiership * . The issu
Page 145 and 146: war of defence and liberation, has
Page 147 and 148: Second World War with the predomina
Page 149 and 150: …the cooking of news before it wa
Page 151 and 152:
In the case of US soldiers in Iraq,
Page 153 and 154:
terms: ‘the ability to get people
Page 155 and 156:
on the team who simply love the gam
Page 157 and 158:
In common with many colleagues the
Page 159 and 160:
Solomou, a medic with The London Ir
Page 161 and 162:
- are accepted. In the case of rese
Page 163 and 164:
57 Ibid, Article 47. 58 E Luard, op
Page 165 and 166:
113 David D Newsome, ‘The Bush Pr
Page 167 and 168:
162 G. John Ikenberry, ‘Why Expor
Page 169 and 170:
212 C Dunlap, Organizational Change
Page 171 and 172:
162
Page 173 and 174:
problems of mobilization and inflex
Page 175 and 176:
even driven, much more by the polit
Page 177 and 178:
whose average weight has continuall
Page 179 and 180:
One consequence of the blurring of
Page 181 and 182:
minority and all parties have to be
Page 183 and 184:
much wider than traditional defence
Page 185 and 186:
3.3 Humanitarian Intervention 3.3.1
Page 187 and 188:
Chapter 2 (see Section CHAPTER 22.2
Page 189 and 190:
Further evidence of a shift of cons
Page 191 and 192:
The inability of a strictly legal p
Page 193 and 194:
and optimism that followed successf
Page 195 and 196:
The non-cooperation of the Khmer Ro
Page 197 and 198:
As with the operation in Cambodia,
Page 199 and 200:
The community of nations decided to
Page 201 and 202:
humane values. The problem, of cour
Page 203 and 204:
the secessionist aims of a sustaina
Page 205 and 206:
(T)here assuredly are cases in whic
Page 207 and 208:
upholding the law is a good thing a
Page 209 and 210:
debacle. Weinberger-Powell is, esse
Page 211 and 212:
‘Democracy’ says de Wijk ‘is
Page 213 and 214:
(m)ost internal political or civil
Page 215 and 216:
Of course, this conceptualization o
Page 217 and 218:
HRW concluded that ‘the killing i
Page 219 and 220:
action. 143 For just one example of
Page 221 and 222:
political will is robustness in Rul
Page 223 and 224:
motivated, to lack cultural empathy
Page 225 and 226:
(which is essentially non-intervent
Page 227 and 228:
armed force when necessary, to prev
Page 229 and 230:
‘intractable injustice’? Yes ar
Page 231 and 232:
immediate objective is the destruct
Page 233 and 234:
Geoff Hoon argued that ‘… there
Page 235 and 236:
action before any blow is actually
Page 237 and 238:
international opinio juris recognis
Page 239 and 240:
unproven case that preventive actio
Page 241 and 242:
In the past decade, Saddam has syst
Page 243 and 244:
‘Osirak’ end of the scale) risk
Page 245 and 246:
The UN formally considered the case
Page 247 and 248:
This chapter’s discussion of inte
Page 249 and 250:
as with interventions, they will al
Page 251 and 252:
60 Independent International Commis
Page 253 and 254:
137 K Roth, ‘War in Iraq not a Hu
Page 255 and 256:
http://www.publications.parliament.
Page 257 and 258:
warfare. AP I deals with ‘victims
Page 259 and 260:
Münkler 8 suggests that the Democr
Page 261 and 262:
Experience in Kosovo, Iraq and Afgh
Page 263 and 264:
The issue might, then, be seen as o
Page 265 and 266:
eplacements, even in the United Sta
Page 267 and 268:
intervene and was certainly, in par
Page 269 and 270:
willing to provide equipment suppor
Page 271 and 272:
applying selectivity to interventio
Page 273 and 274:
it’s a political decision in Wash
Page 275 and 276:
unconvinced. Danielle Pletka, of th
Page 277 and 278:
too thinly spread and in living con
Page 279 and 280:
watching as lightly armed drunken t
Page 281 and 282:
had been over Bosnia not so much to
Page 283 and 284:
….. strategies calling for use of
Page 285 and 286:
technology to achieve the long-soug
Page 287 and 288:
This might be seen as the fulfilmen
Page 289 and 290:
the rules of war, beginning with th
Page 291 and 292:
Army, 99 with its accompanying Comm
Page 293 and 294:
Values form the very identity of th
Page 295 and 296:
three are intertwined and inter-rel
Page 297 and 298:
of Independence, the Napoleonic Fre
Page 299 and 300:
in Iraq throughout 2004-2005. Somet
Page 301 and 302:
In July 2005 six former UK Chiefs o
Page 303 and 304:
Nor does the expectation of being h
Page 305 and 306:
never succeeds is, unfortunately, a
Page 307 and 308:
soldiers.’ 135 Although Gray goes
Page 309 and 310:
had been done: soldiers were reluct
Page 311 and 312:
4.4.1 PMCs A characteristic of cont
Page 313 and 314:
Furthermore, the use of contract st
Page 315 and 316:
We are left, then, with the inevita
Page 317 and 318:
college at Chapultepec, for example
Page 319 and 320:
of double effect is of dubious valu
Page 321 and 322:
instrument of compassion is also re
Page 323 and 324:
7 Ibid, p93. 8 Herfried Münkler (T
Page 325 and 326:
69 UNSCR 837 (1993). Online at http
Page 327 and 328:
137 Maj Gen A Stewart, Policy and t
Page 329 and 330:
enter voluntarily. Until such a con
Page 331 and 332:
If the application of the UN Charte
Page 333 and 334:
5.6 Conclusion 6: Just War Offers a
Page 335 and 336:
5.9 Conclusion 9: on ‘asymmetric
Page 337 and 338:
328
Page 339 and 340:
Higgins, Rosemary Hollis, Martin an
Page 341:
Paperback edition 1994) de Wijk, Ro
show all

CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?