CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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ecognized human right to political freedom. … … Kin to such a right would be another: a right of the democratic members of the international community to aid, directly or indirectly, those fighting for their democratic entitlement. 103 The United Nations, too, recognised that the paradigm restricting use of force to self- defence was overly constraining in the emerging post-Cold War world order. In 1991 Secretary General Javier Perez de Cuellar said: ‘It is now increasingly felt that the principle of non-interference with the essential domestic jurisdiction of States cannot be regarded as a protective barrier behind which human rights can be massively or systematically violated with impunity.’ 104 It was on the logic of this that NATO’s attack on Serbia in 1999 was justified. During the intensive air operations that followed, UK Prime Minister Tony Blair made a seminal statement in a speech at the Chicago Economic Club: Twenty years ago we would not have been fighting in Kosovo. We would have turned our backs on it. The fact that we are engaged is the result of a wide range of changes - the end of the Cold War; changing technology; the spread of democracy. …… We live in a world where isolationism has ceased to have a reason to exist. By necessity we have to co-operate with each other across nations. Many of our domestic problems are caused on the other side of the world. … … Conflict in the Balkans causes more refugees in Germany and here in the US. These problems can only be addressed by international co-operation. We are all internationalists now, whether we like it or not. … …We cannot turn our backs on conflicts and the violation of human rights within other countries if we want still to be secure. 105 If the UN remained ambivalent on the NATO action, neither authorising nor condemning it (and subsequently endorsing it), the ideological shift can be identified in the words of Secretary General Kofi Annan: State sovereignty… … is being redefined. … … States are now widely understood to be instruments at the service of their peoples, and not vice versa. At the same time individual sovereignty – by which I mean the fundamental freedom of each individual, enshrined in the Charter of the UN and subsequent international treaties – has been enhanced by a renewed and spreading consciousness of individual rights. When we read the Charter today, we are more than ever conscious that its aim is to protect individual human beings, not to protect those who abuse them. 106 97
There was a growing recognition, then, not only that the institutions established by the Charter for maintenance of international peace and stability were proving inadequate, but that conceptually a paradigm set against the context of inter-state war as the fundamental threat to peace was inadequate for a world in which the major threats were intra-state violence and complex emergencies. The inability of the UN to act made it necessary for states to do so on their own initiative, without necessarily seeking UN approval. A growing inclination to ‘humanitarian intervention’ was at odds with fundamental principles of the legalist paradigm. This is nowhere better illustrated than in the findings of the Independent International Commission on Kosovo: The Commission concludes that the NATO military intervention was illegal but legitimate. It was illegal because it did not receive prior approval from the United Nations Security Council. However, the Commission considers that the intervention was justified because all diplomatic avenues had been exhausted and because the intervention had the effect of liberating the majority population of Kosovo from a long period of oppression under Serbian rule. 107 The issue of humanitarian intervention and how it might fit within a moral framework based on just war will be considered in detail in Chapter 3. The final blow to the legalist paradigm, however, has not been the move towards humanitarian intervention, but its inadequacy for dealing with the perception of new threats as a result of the terrorist atrocities in New York and Washington on 11 September 2001. For that gave rise to a new claim to the right not just of anticipatory (or pre-emptive) but ‘preventive’ self defence: the elimination of threats before they developed, and a renewed unilateralism, most particularly in the United States. (The issue of pre-emptive and preventive action will be examined in detail in Chapter 3). The principles of this were expounded by US President George Bush in his 2004 State of the Union address to Congress: Some critics have said our duties in Iraq must be internationalized. … …. From the beginning, America has sought international support for our operations in Afghanistan and Iraq, and we have gained much support. There is a difference, however, between leading a coalition of many nations, and submitting to the objections of a few. America will never seek a permission slip to defend the security of our country. 108 (Emphasis added) 98
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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
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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
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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 and 104: There is a second, related, point t
Page 105: 2.2.4 Reordering the Value Set: New
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
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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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