CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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including the Fourth Geneva Convention of 1949, and relevant Security Council General Assembly resolutions? Israel saw the building of the barrier as an essential security measure in the light of the casualties being sustained from terrorist attacks: more than 900 deaths and thousands of injuries over the preceding 3 years. To the Palestinians, on the other hand, the security barrier was an ‘apartheid wall’, severing communities and cutting off many Palestinians not only from friends and families but from employment and amenities. 94 Whilst opposing the building of the wall and holding it to be in contravention of international law, the UK, in common with all European Union states (including those then seeking accession) opposed referral of the issue to the ICJ, believing it ‘inappropriate to embroil the court in a heavily political bilateral dispute.’ 95 The US took a similar line. The ICJ did not bow to pressure and gave its opinion on 9 Jul 2004. 96 Firstly, it decided unanimously that it did indeed have jurisdiction to give the requested advisory opinion and, by 14 votes to one, decided to comply with the request. The dissenting judge (Buergenthal), whilst finding in favour of the court’s jurisdiction, felt it lacked the evidence on which to reach an opinion on Merits and therefore should have exercised its discretion in declining to offer one. Again by 14 votes to one, the Court’s opinion was that construction of the wall was contrary to international law. Unsurprisingly, Israel rejected the Court’s judgement outright, declaring it the ‘result of a politically motivated maneuver’ and refusing to ‘accept this politicization of the Court.’ 97 The US reiterated its earlier position: ‘we do not believe that that’s the appropriate forum to resolve what is a political issue…’ 98 The message from the Euro-Atlantic states, then, is clear: the ICJ is not the appropriate forum for deciding political issues. But surely any likely causus belli will be a political issue so they are denying a role in conflict resolution to this central institution of international law. Not only, then, will some argue that the institutions of peaceful conflict resolution are politicized, or risk being so, but the Western world also appears to be saying that international legal apparatus is not, in any case, the appropriate road to dispute resolution! 95
2.2.4 Reordering the Value Set: New World Order and Continued Failing of the Paradigm Given the background against which its establishment was set, it is hardly surprising that the legalist paradigm established by the UN Charter sets the maintenance of order as the highest principle, to which all others must play a secondary role. Although not specifically of the UN’s making, a clear example of this value-ordering is the principle of uti possidetis. In point of fact the principle considerably predates the Charter paradigm, emerging in the early nineteenth century as the new states of Latin America established their independence from Spain and Portugal and accepted as their frontiers the former administrative boundaries of the colonial rulers. 99 In the UN Charter era uti possidetis has been widely applied in the post-war decolonisation of both Asia and Africa. The UN General Assembly’s Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Resolution 1514(XV), 14 Dec 1960) whilst strong in its support of the principle of self-determination, nevertheless treads a careful balance between this and territorial integrity of all states: ‘Any attempt at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.’ 100 At its second summit, in Cairo in 1964, the Organisation of African Unity explicitly adopted the principle of uti possidetis, establishing it as an important principle of African politics. 101 Yet despite the apparent stability of borders that the principle ensures, the evidence of recent years, most especially in Sudan and in the Great Lakes region, has demonstrated the fragility of a construct that ignored tribal loyalties and ethnic distribution. Indeed, Basil Davidson has gone so far as to suggest that the attempt to impose a European-style states system in Africa may be the final curse left behind by the imperial powers. 102 Today we can see a substantial re-ordering of values that places justice at the top. As early as 1990, American international legal scholar Thomas Franck was putting forward a view that extended the use of force to uphold the rights of the individual: Whatever decent instincts came to cluster around the magnet of ‘self determination,’ creating a widely accepted exception to Article 2(4), must now carry forward, in the post-colonial era, to imbue a new internationally 96
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CRANFIELD UNIVERSITY DAREN BOWYER J
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ABSTRACT For nearly two millennia j
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CONTENTS Abstract ……………
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GLOSSARY OF ACRONYMS Acronym Meanin
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which such political decisions are
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worst of all, continuall feare, and
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fact it does positive harm.’ 15 T
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whole with the interests of the fit
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war should be entered into without
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matter for realist determination, t
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and has returned to the fore of pol
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This is the context against which K
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equired to make war, and the people
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a clear perception of the new world
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which Keohane 59 defines as ‘pers
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underpinnings. As well as making th
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states) and could be predicted thro
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Hobbesianism/ Machiavellianism (Wig
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It recognises both that war and a s
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European Convention on Human Rights
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the other side of liberalism, possi
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the principal foci of this thesis.
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The clearest evidence for the stabi
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if we take Willard’s analogy, it
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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 and 100: Navigation with Nicaragua. The Unit
Page 101 and 102: each Member undertakes to comply wi
Page 103: There is a second, related, point t
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
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on the team who simply love the gam
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In common with many colleagues the
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Solomou, a medic with The London Ir
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- are accepted. In the case of rese
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57 Ibid, Article 47. 58 E Luard, op
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113 David D Newsome, ‘The Bush Pr
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162 G. John Ikenberry, ‘Why Expor
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212 C Dunlap, Organizational Change
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162
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problems of mobilization and inflex
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even driven, much more by the polit
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whose average weight has continuall
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One consequence of the blurring of
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minority and all parties have to be
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much wider than traditional defence
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3.3 Humanitarian Intervention 3.3.1
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Chapter 2 (see Section CHAPTER 22.2
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Further evidence of a shift of cons
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The inability of a strictly legal p
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and optimism that followed successf
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The non-cooperation of the Khmer Ro
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As with the operation in Cambodia,
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The community of nations decided to
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humane values. The problem, of cour
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the secessionist aims of a sustaina
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(T)here assuredly are cases in whic
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upholding the law is a good thing a
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debacle. Weinberger-Powell is, esse
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‘Democracy’ says de Wijk ‘is
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(m)ost internal political or civil
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Of course, this conceptualization o
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HRW concluded that ‘the killing i
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action. 143 For just one example of
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political will is robustness in Rul
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motivated, to lack cultural empathy
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(which is essentially non-intervent
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armed force when necessary, to prev
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‘intractable injustice’? Yes ar
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immediate objective is the destruct
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Geoff Hoon argued that ‘… there
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action before any blow is actually
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international opinio juris recognis
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unproven case that preventive actio
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In the past decade, Saddam has syst
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‘Osirak’ end of the scale) risk
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The UN formally considered the case
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This chapter’s discussion of inte
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as with interventions, they will al
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60 Independent International Commis
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137 K Roth, ‘War in Iraq not a Hu
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http://www.publications.parliament.
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warfare. AP I deals with ‘victims
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Münkler 8 suggests that the Democr
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Experience in Kosovo, Iraq and Afgh
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The issue might, then, be seen as o
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eplacements, even in the United Sta
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intervene and was certainly, in par
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willing to provide equipment suppor
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applying selectivity to interventio
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it’s a political decision in Wash
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unconvinced. Danielle Pletka, of th
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too thinly spread and in living con
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watching as lightly armed drunken t
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had been over Bosnia not so much to
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….. strategies calling for use of
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technology to achieve the long-soug
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This might be seen as the fulfilmen
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the rules of war, beginning with th
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Army, 99 with its accompanying Comm
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Values form the very identity of th
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three are intertwined and inter-rel
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of Independence, the Napoleonic Fre
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in Iraq throughout 2004-2005. Somet
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In July 2005 six former UK Chiefs o
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Nor does the expectation of being h
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never succeeds is, unfortunately, a
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soldiers.’ 135 Although Gray goes
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had been done: soldiers were reluct
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4.4.1 PMCs A characteristic of cont
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Furthermore, the use of contract st
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We are left, then, with the inevita
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college at Chapultepec, for example
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of double effect is of dubious valu
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instrument of compassion is also re
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7 Ibid, p93. 8 Herfried Münkler (T
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69 UNSCR 837 (1993). Online at http
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137 Maj Gen A Stewart, Policy and t
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enter voluntarily. Until such a con
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If the application of the UN Charte
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5.6 Conclusion 6: Just War Offers a
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5.9 Conclusion 9: on ‘asymmetric
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328
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Higgins, Rosemary Hollis, Martin an
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Paperback edition 1994) de Wijk, Ro
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CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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