CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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The remainder of the chapter has been dedicated to demonstrating that notwithstanding the failure of the legal paradigm for justification of use of force, there remains a need for conflict to be convincingly justified, and conducted justly. This requirement was demonstrated to exist at three interlocking levels: international, national and individual. At the international level it was argued that however powerful a state might be it is nevertheless constrained in its use of force. To use force without a broad international consensus that it is justified so to do, or to use it in a way that is deemed immoral, will detract from the ability to assemble the political and military coalition that is required for sustained military commitment. Moreover, a state’s ‘soft power’ is reduced when unjustified – or unjust use of – force undermines moral authority and calls into question a hegemon’s legitimacy – and hence its authority and leadership. Nationally, at the domestic-political level, unjustified use of force, or its unjust application, threatens electoral support (at least, for democracies), and the status and standing of the ruling party and its leadership. Beyond this, the legitimacy and status of the very institutions of national democracy may be undermined and opened to challenge. And the reputation of the Armed Forces may be tarnished in a way that harms morale and damages recruiting. National will and the readiness to accept the inevitable casualties of a conflict is also undermined if the conflict is perceived to have been entered into unjustly or if its conduct has been improper. At the level of the individual – and of particular relevance is the individual soldier – morale can be seen to be affected by concerns over justification of a conflict or by unjust conduct within it. Whilst there is little evidence to make the case that ‘belief in cause’ is a critical factor in the complex matrix that constitutes a soldier’s morale, there is evidence that lack of belief in cause is a source of ‘friction’ that undermines military effectiveness. Concern over improper conduct by his colleagues also impacts on a soldier’s morale and mental well-being, denting his pride in the organisation to which he belongs and collectively sullying his reputation. As with the national level so too at the individual, concern about the moral legitimacy of the cause being fought for undermines the readiness with which casualties – to self, colleagues, friends and family 151
– are accepted. In the case of reservists, in particular, this also affects recruiting and retention, and thus operational effectiveness. Thus the case is made, that at the beginning of the Twenty First Century there remains a need for the moral justification of decisions to resort to force, and there remains a requirement for actions within a conflict to be morally justified. 1 James Turner Johnson, Morality and Contemporary Warfare (New Haven: Yale University Press, 1999), Introduction. 2 UK Ministry of Defence Joint Warfare Publication 0-01 British Defence Doctrine (2nd Edition, 2001), p4-1. 3 E H Carr cited in H Suganami ‘The ‘Peace Through Law’ Approach’ in Trevor Taylor (Ed) Approaches and Theory in International Relations (Harlow: Longman Group, 1978), p101. 4 H Suganami, ibid, p101. 5 J B Scott, cited ibid, p102. 6 L Oppenheim, cited ibid, pp103-104. 7 Id. 8 H Lauterpacht, cited in H Suganami, op cit, p110. 9 Covenant of the League of Nations (Including amendments adopted to December 1924). Geneva Library UNOG: The History of the League of Nations. On-line at http://www.unog.ch/library/archives/lon/library/Docs/covnant.html. Accessed 13 Apr.04. 10 Ibid (Article 12). 11 Ibid (Article 11). 12 The Avalon Project, The Kellog-Briand Pact 1928, on-line at http://www.yale.edu/lawweb/avalon/imt/kbpact.htm. Accessed 13 Apr 04. 13 A C Arend and R J Beck, International Force and the Use of Force. Beyond the UN Charter Paradig m (London: Routledge, 1993), p23. 14 Charter of the United Nations, Geneva Library UNOG: The History of the League of Nations. Article 51. On-line at http://www.unog.ch/library/archives/lon/library/Docs/unchart.html. Accessed 13 Apr.04. 15 Ibid, Article 107. 16 Evan Luard, A History of the United Nations. Volume 1: The Years of Western Domination, 1945- 1955 (London: MacMillan Press, 1982), pp8-10. 17 Charter of the United Nations, Geneva Library UNOG: The History of the League of Nations, Preamble . On-line at http://www.unog.ch/library/archives/lon/library/Docs/unchart.html. Accessed 13 Apr.04. 18 Ibid, Article2(4). 19 United Nations General Assembly Resolution 2131 (XX). Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty. On line at http://ods-dds-ny-un.org/doc/RESOLUTION/ GEN/NRO/218/94/IMG/NR021894.pdf. Accessed 13 Apr 04. 20 UNSCR 82 (1950) on line at http://ods-dds-ny.un.org/RESOLUTION/GEN/NRO/064/95/IMG/NRO/ 06495.pdf. Accessed 22 Jun 04. 21 UNSCR 83 (1950) on line at http://ods-dds-ny.un.org/RESOLUTION/GEN/NRO/064/96/IMG/NRO/ 06496.pdf. Accessed 22 Jun 04. 22 UNSCR 84 (1950) on line at http://ods-dds-ny.un.org/RESOLUTION/GEN/NRO/064/97/IMG/NRO/ 06497.pdf. Accessed 22 Jun 04. 23 UNSCR 146(1960). On line at http://ods-ddsny.un.org/doc/RESOLUTION/GEN/NRO/157/32/IMG/NRO15732.pdf. Accessed 24 Jun 04. 24 L Melvern, ‘The Security Council: Behind the Scenes’ in International Affairs, Vol 77, No 1 (2001), p101. 152
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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
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premise by which Augustine came to
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understood only to apply between Ch
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Writing against the backdrop of a s
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have ‘plausible pretext.’ His w
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As Gross’s title suggests, this o
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organisations/arrangements acting u
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the realist must be persuaded that
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eserving to a supra-national body t
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70 K Waltz, Man, The State and War.
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153 Emerrich De Vattel, The Law of
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must again be found from first prin
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philosophically the ultimate expres
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Notwithstanding the significant ste
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nationalist regime. Had the Soviet
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The operation and extent of the vet
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59 over membership issues 38 . The
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(Of course, history was to show he
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Four years later, in early 2003, it
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2.2.3 Practical Failings Other fail
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nearly all important points. Not al
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equipped and trained forces were re
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Charter and apparently outwith its
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Navigation with Nicaragua. The Unit
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each Member undertakes to comply wi
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There is a second, related, point t
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2.2.4 Reordering the Value Set: New
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There was a growing recognition, th
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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: Solomou, a medic with The London Ir
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
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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
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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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