CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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25 M Boot, ‘Paving the Road to Hell –The Failure of UN Peacekeeping.’ in Foreign Affairs, Vol 79 No 2 Mar/Apr 2000. Online at http://www.foreignaffairs.org/20000301fareviewessay34/max-boot/paving-theroad-to-hell-the-failure-of-u-n-peacekeeping.html. Accessed 15 Oct 04. 26 Mats Berdal, ‘The UN Security Council: Ineffective but Indispensable.’ in Survival Vol 45, No 2, Summer 2003, p8. 27 A Patil, The UN Veto in World Affairs1946-1990. A Complete Record and Case Histories of the Security Council’s Veto (London: Mansell Publishing, 1992), p11 28 Memo from Secretary of State Edward R Stettinius Jr to President Harry S Truman, 1 Jun 1945. On line at http://www.trumalibrary.org/whistlestop/study_collections/un/large/sf_conference/un_sf14_1.htm. Accessed 18 May 04. 29 Ibid. 30 Memo from Secretary of State Edward R Stettinius Jr to President Harry S Truman, 2 Jun 1945. On line at http://www.trumalibrary.org/whistlestop/study_collections/un/large/sf_conference/un_sf17_1.htm. Accessed 18 May 04. 31 Memo from Secretary of State Edward R Stettinius Jr to President Harry S Truman, 8 Jun 1945. On line at http://www.trumalibrary.org/whistlestop/study_collections/un/large/sf_conference/un_sf18_1.htm. Accessed 18 May 04. 32 UN Document 922/III/1/45, dated 12 Jun, 1945, page 5, cited in A Patil, op cit, p12. 33 UN Document 936/III/1/44, dated 12 June 1945, page 4, cited id. 34 UN Dcoument 936/III/1/45, dated 12 Jun 1945, page 5, cited id. 35 UN Document 956/III/1/47, dated 13 Jun 1945, cited ibid p13. 36 Id. 37 Sydney Bailey, The United Nations: A Short political Guide, (Basingstoke: MacMillan, 2 nd Edition 1989) p19. 38 A Patil, op cit, pp467-469. 39 Ibid, p486. 40 Global Issues Research Group, Table of Vetoed Draft Resolutions in the United Nations Security Council, 1946-2002 (London: Foreign & Commonwealth Office, 2003), pp2-4. 41 Ibid, p5. 42 Hansard House of Commons Debates for Thu 6 Sep 1990, Column735. On line at http://www.parliament.the-stationery-office.co.uk/pa/cm198990/cmhansrd/1990-09-06/Debate-1.html. Accessed 24 Jun 04. 43 See, in particular, interventions by Tony Benn and Tam Dalyell, ibid at Column 737. 44 Ibid, at Column 744. 45 Hansard House of Commons Debates for Thu 6 Sep 1990, Column760. On line at http://www.parliament.the-stationery-office.co.uk/pa/cm198990/cmhansrd/1990-09-06/Debate-2.html. Accessed 24 Jun 04. 46 M Thatcher, The Downing Street Years (London: Harper Collins, 1993) p821. 47 UNSCR 660 (1990) on line at http://ods-ddsny.un.org/doc//RESOLUTION/ GEN/NRO/575/28/IMG/NRO57528.pdf. Accessed 24 Jun 04. 48 Global Issues Research Group, op cit, p40. 49 Ibid, pp40-42. 50 UN Press Release, SC/7696, 4721 st Meeting of the Security Council, 19 Mar 03. On line at http://www.un.org/News/Press/docs/2003/sc7696.doc.htm. Accessed 28 Jul 04. 51 Hansard House of Commons Debates for Tue 18 Mar 2003, Column 764. On line at http://www.parliament.the-stationery-office.co.uk/pa/cm200203/cmhansrd//vo030318/debtext/30318- 07.htm. Accessed on-line 27 Jul 04. 52 UN Security Council : Algeria and Libyan Arab Jamahiriya: draft resolution (S/2004/240). On line at http://ods-dds-ny.un.org/doc/UNDOC/GEN/N04/286/08/PDF/N0428608.pdf. Accessed 28 Jul 04. 53 UN Press Release SC/8039, 4934 th Meeting of the Security Council, 25 March 2004. On line at http://www.un.org/News/Press/docs/2004/sc8039.doc.htm. Accessed 28 Jul 04. 54 G Kolko cited in S Schlesinger, Act of Creation. The Founding of the United Nations (Oxford: Westview Press, 2003), p284. 55 S Schlesinger, op cit, p240. 56 Charter of the United Nations. Article 43. On line at http://www.un.org/aboutun/charter/index.html. Accessed 2 Aug 04. 153
57 Ibid, Article 47. 58 E Luard, op cit, p98. 59 UNSCR 1 (1946) 26 Jan 1946. On line at http://ods-dds-ny.un.org/ doc/RESOLUTION/GEN/NR0/036/64/IMG/NR003664.pdf?OpenElement. Accessed 2 Aug 04. 60 Id. 61 E Luard, op cit, pp 98-105. 62 UNSCR 665 (1990), 25 Aug 1990. On line at http://ods-ddsny.un.org/doc/RESOLUTION/GEN/NR0/575/15/IMG/NR057515.pdf?OpenElement. Accessed 2 Aug 04. 63 B Boutros-Ghali, An Agenda for Peace. Preventive Diplomacy, Peacemaking and Peace-keeping, United Nations Document A/47/277-S/24111 dated 17 Jun 1992. Para 3. On line at http://www.un.org/Docs/SG/agpeace.html. Accessed 3 Aug 04. 64 Ibid, Para 43. 65 K Annan, Identical Transmittal Letters to the President of the Security Council and President of the General Assembly covering the Report of the High-Level Panel on United Nations Peace Operations, 21 Aug 2000. On line at http://www.un.org/peace/reports/peace_operations/. Accessed 3 Aug 04. 66 Report of the Panel on United Nations Peace Operations (The Brahimi Report), UN Document A 55/305 – S 2000/809. On line at http://www.un.org/peace/reports/peace_operations/. Accessed 3 Aug 04. 67 Id. 68 Id. 69 Id. 70 R Holbrooke cited in T Deen, ‘UN Peacekeeping’, Janes Defence Weekly, 8 Nov 2000, p25. 71 UN General Assembly Resolution 51/243, UN Document A/RES/51/243 15 September 1997. On line at http://www.un.org/documents/ga/res/51/a51r243.htm. Accessed 3 Aug 04. 72 UN DPKO, United Nations Standby Arrangements System. On line at http://www.un.org/Depts/dpko/milad/fgs2/unsas_files/sba.htm. Accessed 4 Aug 04. 73 UN DPKO, UNSAS Current Status. On line at http://www.un.org/Depts/dpko/milad/fgs2/unsas_files/ status_report/statusreport.htm. Accessed 5 Feb 08. 74 A C Arend and R J Beck, International Law and the Use of Force. Beyond the UN Charter Paradigm (London: Routeledge, 1993). 75 Ibid, p179 and pp 6-10. 76 Cited ibid p16. 77 International Court of Justice, Military and Paramilitary Activities in and Against Nicaragua (Nicaragua vs United States of America 1984-1991). Judgment of 27 June 1986 – Merits. On-line at http://212.153.43.18/icjwww/icases/inus/inus_ijudgement/inus_ijudgement_19860627.pdf, accessed 11 Mar 04. 78 N Chomsky, ‘Commentary: Moral Truisms, Empirical Evidence, and Foreign Policy’ in Review of International Studies Vol 29, No 4, Oct 2003, p612 n33. 79 UN Security Council Draft Resolution S/18250 cited in A Patil, op cit p369. 80 Ibid p370. 81 International Court of Justice Military and Paramilitary Activities in and Against Nicaragua (Nicaragua vs United States of America 1984-1991). Order of 26 September 1991. On-line at http://212/153.43.18/icjwww/icases/inus/inus_iorders/inus_iorder_19910926.pdf. Accessed 14 Mar 04. 82 J M Smith, Nicaragua v. the United States of America. Military and Paramilitary Activities in and against Nicaragua. International Court of justice, 1984-1986. Notes by James McCall Smith. (George Washington University). On-line at www.gwu.edu/~jaysmith/Nicaragua.html. Accessed 23 Mar 04. 83 US State Department Legal Adviser Abram Sofaer, ‘The United States and the World Court’, US Dept of State, Current Policy, No 769, Dec 1985, cited in Chomsky, N, op cit, p612. 84 Reservations drawn up by Republican Senators to the Treaty of Peace with Germany, November 1919. Geneva Library UNOG: The History of the League of Nations. On-line at http://www.unog.ch/library/archives/lon/library/Docs/usres.html. Accessed 13 Apr 04. 85 President George W Bush, 2004 State of the Union Address, 20 Jan 2004. At http://www.whitehouse.gov/news/releases/2004/01/print/20040120-7.html. Accessed 22 Jan 04. 86 US Withdrawal from Proceedings Initiated by Nicaragua in the International Court of Justice, Jan 1985. On line at http://www.gwu.edu/~jaysmith/nicuswd.html. Accessed on 23 Jan 04. 154
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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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… … 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: - are accepted. In the case of rese
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
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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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