CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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87 Ibid. 88 International Court of Justice, Military and Paramilitary Activities in and Against Nicaragua (Nicaragua vs United States of America 1984-1991). Judgment of 26 November 1984 – Jurisdiction. Dissenting Opinion of Sir Robert Jennings. On-line at http://212.153.43.18/icjwww/icases/inus/inus_ijudgement/inus_ijudgement_19841126_jurisdiction_separ ate_Jennings.pdf. Accessed 14 Mar 04. 89 T Blair, Speech on Iraq and the Threat of International Terrorism, delivered in Sedgefield, 5 Mar 2004. On-line at http://www.pm.gov.uk/output/page5470.asp. Accessed 8 Mar 04. 90 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. 91 J Pione ‘Is the International Court of Justice Just?’ in Independent Commission of Inquiry to Investigate US/NATO War Crimes Against the People of Yugoslavia (New York: International Action Center). Online at http://wwwiacenter.org/warcrime/21_just,.htm, pp 2,3. Accessed 23 Mar 04. 92 Ibid, p1. 93 UNGA Resolution A/RES/ES -10/14 (A/ES-10/L.16). On-line at http://212.153.43.18/ic jwww/idocket/imwp/imwpframe.htm. Accessed 27 Mar 04. 94 J Rozenburg ‘UN Judges are Urged to Sit on the Fence’ Electronic Telegraph 12 Feb 04. On line at http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/0/12/nlaw12.xml. Accessed 27 Mar 04. 95 UK Foreign Secretary Jack Straw, cited ibid. 96 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory: Advisory Opinion. On line at http://www.icjcij.org/icjwww/impresscom/ipress2004/impresscom2004-28_mwp_20040709.htm. Accessed 12 Jul 04. 97 Israel Ministry of Foreign Affairs, ICJ Advisory Opinion on Israel’s Security Fence – Israeli Statement.’ On line at http://www.mfa.gov.il/MFA/About+the+Ministry/MFA+Spokesman/2004/Statment+on+ICJ+Advisory+ Opinion.htm. Accessed 12 Jul 04. 98 White House Spokesman Scott McClellan, Press Gaggle, 9 Jul 04. On line at http://www.whitehouse.gov/news/releases/2004/07/2040709-1.html. Accessed 12 Jul 04. 99 R Higgins, Problems and Process. International Law and How We Use It (Oxford: Clarendon Press, 1994), p122. 100 UNGA Resolution 1514 (XV), 947 th Plenary Meeting, 14 Dec 1960. On-line at http://ods-ddsny.un.org/doc/RESOLUTION/GEN/NRO/152/88/IMG/NRO15288.pdf, accessed 11 Mar 04. 101 G Evans, and J Newnham, Dictionary of International Relations (London: Penguin Books, 1998) p555. 102 B Davidson, The Black Man’s Burden, cited ibid. 103 T Franck cited in A Arend and R Beck, op cit, p192. 104 J Perez de Cuellar cited in UN Press Release SG/SM/4560 24 April 1991. 105 T Blair, Doctrine of the International Community, Speech to the Economic Club of Chicago, 22 April 1999. Online at http://www.pm.gov.uk/output/Page1297.asp. Accessed 4 Aug 04. 106 K Annan, ‘Two Concepts of Sovereignty’, The Economist, 18 Sep 1999. 107 Independent International Commission on Kosovo, Kosovo Report (Oxford: OUP, 2000), p4. 108 G Bush, State of the Union Address, US Capitol, Washington DC, 20 Jan 2004. On line at http://www.whitehouse.gov/news/releases/2004/01/20040120-7.html. Accessed 5 Aug 04. 109 T Blair, The Threat of Global Terrorism, speech given on 5 March 2004. On line at http://www.pm.gov.uk/output/Page5461.asp. Accessed 5 Aug 04. 110 P Allott, ‘Recourse to Force and the UN System’, presentation to Royal United Services Institute for Defence and Security Studies Conference on Current Issues in Humanitarian Law and Military Ethics, London, 6 July 2004. 111 White House Press Office, President Bush Announces Major Combat Operations in Iraq Have Ended. Remarks by the President from the USS Abraham Lincoln At Sea Off the Coast of San Diego, California, 1 May 2003. Online at http://www.whitehouse.gov/news/releases/2003/05/iraq/20030501-15.html. Accessed 20 Mar 05. 112 Kofi Annan in an interview with Owen Bennett-Jones originally carried on the BBC World Service 15 Sep 04. Online at http://www.bbc.co/radio4/today/listenagain/7thursday_20040916.shtml. Accessed 17 Sep 04. 155
113 David D Newsome, ‘The Bush Presidency and Iraq’ in American Diplomacy Volume VIII, Number 4, 2003, Columbia International Affairs Online, Columbia University Press. http://www.ciaonet.org/frame/oljourfrm.html. Accessed 12 Oct 04. 114 M Elliott, ‘So What Went Wrong?’ in Time 28 Sep 03. Online at http://www.time.com/time/magazine/printout/0,8816,490595,00.html. Accessed 29 Sep 03. 115 Thomas Franck, Remarks at a Foreign Policy Association Town Hall Meeting, Princeton, 9 May 2003, Foreign Policy Association Resource Library. Online at http://www.fpa.org/topics_info2414/topics_info_show.htm?doc_id=175569. Accessed 04 Aug 04. 116 G John Ikenberry and Charles A Kupchan, ‘Liberal Realism’ in The National Interest, Fall 2004. Online at http://www.nationalinterest.org/ME2/default.asp. Accessed 1 Nov 04. 117 Robin Cook, Personal Statement, Hansard 17 March 2003, Column 726. 118 Ibid. 119 Con Coughlin, ‘Interview with Prince Turki al-Faisal’ in Daily Telegraph 01 Aug 2004. Online at http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/08/01/wsaud01.xml. Accessed 1 Aug 04. 120 Sophie Arie and Ewen MacAskill, ‘Al-Qaida would back Bush, says UK envoy’ in The Guardian, 21 Sep 2004. Online at http://politics.guardian.co.uk/foreignaffairs/story/0,11538,1309177,00.html, Accessed 21 Sep 04. 121 Open Letter to Prime Minister Tony Blair by former British diplomats, published, inter alia, in The Daily Telegraph, 27 Apr 2004 and online at www.telgrpah.co.uk/news/main.jhtml:$UBXMJUWQMYSOVQFIQMFCFFOAVCBQYIVO?xml=/news /2004/04/27/nletter.xml&sSheet=/news/2004/04/27/ixnewstop.html. Accessed 27 Apr 04. 122 M Howard, ‘Temperamenta Belli: Can War be Controlled’ in M Howard (Ed), Restraints on War. Studies in the Limitation of Armed Conflict (Oxford: OUP, 1979), p14. 123 E Luttwak, ‘They Always Underestimated the Forces We Would Need’ in The Daily Telegraph, 11 Apr 2004. On -line at www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2004/04/11/dollo2.xml&sSheet=news/2004/04/1 1/ixnewstop.html. Accessed 11 Apr 2004. 124 Ibid. 125 Francis Fukuyama speaking at a dinner jointly sponsored by The Nixon Center and The National Interest, 3 Aug 2004, as reported by Nicholas Gvosdev and Damjan de Krnjevic -Miskovic. Online at http://www.inthenationalinterst.com/articles/Vol3Issue31/Vol3Issue31FukayamaPFV.html. Accessed 1 Nov 04. 126 Sean Rayment ‘US Tactics Condemned by British Officers’, Electronic Telegraph, 11 April 2004, online at http:www.telegraph.co.uk/news/main.jhtml;$sessionid$VS5IK5NZIKILZQFIQFCFGGAVCBQYIVO?x ml=/news/2004/04/11/wtact11.xml&sSheet=/news/2004/04/11/ixnewstop.htm. Accessed 11 Apr 04. 127 House of Commons Defence Committee Fifth Report Session 2003-2004, Minutes of Evidence, Examination of Witnesses (Questions 240-259) 20 April 2004. Online at http://www.publications.parliament.uk/pa/cm200304/cmselect/cmdfence/465/4042005.htm. Accessed 16 Dec 04. 128 S McGuire and R Nordland, ‘America’s tough tactics have miffed the British, who have a softer post conflict style’ in Newsweek, 24 May 04. 129 Hansard House of Commons Debates for Mon 18 Oct 2004, Columns 630-633. Online at http://www.parliament.the-stationery-office.co.uk/pa/cm200304/cmhansrd/cm041018/debtext/41018- 07.htm. Accessed 16 Dec 04. 130 These pictures were widely published by newspapers and available on the internet. These two, noncopyright versions, were sourced from internet encyclopaedia Wikipedia at http://en.wikipedia.org/wiki/Image:AbuGhraibAbuse05.jpg and http://en.wikipedia.org/wiki/Image:Abughraib-leash.jpg. Accessed 16 Dec 04. 131 J Fairweather ‘Abuse propaganda fuels the hatred of Westerners’ in The Daily Telegraph, 22 Sep 04 and on-line at http://www.telegraph.co.uk/news/main.jhtml:sessionid+U0PYFLSHZP3HVQIQMFCNAGAVCBQYJV C?xml=news/2004/09/22/wirq322.xml&sSheet=/news/2004/09/22/ixnewstop.html. Accessed 22 Sep 04. 132 The Daily Mail, 4 Nov 2004. 133 OnWar.com, Armed Conflict Events Data Jallianwala Bagh Massacre in India 1919. Online at http://www.onwar.com/aced/data/india/india1919.htm. Accessed 3 Sep 2004. 156
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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
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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: 57 Ibid, Article 47. 58 E Luard, op
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
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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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