CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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political and patriotic motivation with financial. 40 If financial gain for some has been a concomitant of ‘old’ wars, it has become a central focus in ‘new’ ones. Conflict provides the environment in which opportunistic warlords can gain enormous commercial benefit through drug and human trafficking as well as the more conventional trade in arms. 41 The nature of the economy generated by the new wars also dictates their character. Because they rely upon ‘exploitative forms of financing … …. (which) depends on an atmosphere of insecurity, (there is) a vested interest in perpetuating violence.’ 42 In such circumstances there is a danger of a direct effect on otherwise non-involved Western nations: through the impact on society of drugs, prostitution, extortion and gun-running and on the economy through the black market, trade in counterfeit goods, smuggling and excise evasion. This adds to the will (arguably the necessity) to intervene; such intervention becomes, in effect, not only a humanitarian imperative but a form of self-defence. However, it also calls for close examination of the nature of intervention. There is a very real, and well-evidenced, danger that relief aid provided by well-meaning (predominantly) Western governments and NGOs can become just another resource to the commercially-driven protagonists. 43 Again, there is an interplay between the jus in bello and jus ad bellum of any intervention: a purely ‘humanitarian’ intervention consisting of providing relief aid to a war zone may simply fuel the fire by providing a further resource, control of which becomes a battleground in its own right. A just war intervention – one that genuinely seeks a better peace – might require a greater involvement: the capacity not only to deliver aid but tightly to control its onward distribution and consumption. From the foregoing analysis of the emerging character of future war a number of issues can be drawn out that confront, challenge or, indeed, may reinforce our understanding of just war. Firstly there are two key issues for jus ad bellum, which will be considered in the remainder of this chapter: the right of intervention and the case of anticipatory or pre-emptive action. The next chapter will then consider the issues arising for jus in bello: the impact of technology; the changing nature of protagonists; the consequences of (perceived) casualty aversion; and the moral complexities that arise in combating an enemy who uses asymmetrical means. 175
3.3 Humanitarian Intervention 3.3.1 The Legal Stay to Intervention Just war doctrine offers no stay on intervention per se but, as Chapter 1 has shown, it has been adapted over time gradually to place ever greater restriction on a state’s jus ad bellum until replaced by a legal code that very clearly prohibits intervention in all but the most limited circumstances. International norms on use of force have developed from the traditional Christian understanding of just war, as encapsulated in the work of Augustine and Aquinas, to what Walzer (and others) have termed the legalist paradigm * . In outline this states that 44 : 1. There exists a society of independent states. ……. 2. This international society has a law that establishes the rights of its members – above all, the rights of territorial integrity and political sovereignty. …. …. 3. Any use of force or imminent threat of force by one state against the political sovereignty or territorial integrity of another constitutes aggression and is a criminal act. ….. ….. 4. Aggression justifies two kinds of response: a war of self defence by the victim and a war of law-enforcement by the victim and any other member of international society. …. …. 5. Nothing but aggression can justify war. …. …. 6. Once the aggressor state has been militarily repulsed, it can also be punished. …. …. This ethic has been codified most clearly in the Charter of the United Nations: ‘All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations’ 45 (emphasis added). Furthermore, ‘Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state….’ 46 Should clarification be necessary then it is to be found in General Assembly Resolution 2131 (XX): ‘… armed intervention and all forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.’ 47 * Walzer concedes that the legalist paradigm as a basic statement of the theory of aggression is incomplete. 176
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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
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The dangers of unilateralism were a
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Still, there is no denying that the
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operation around Fallujah, a politi
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Figure 2-1: Hooded Iraqi Prisoner a
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international resolve; in 2003, sig
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into the First World War to “make
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As a side-issue, but closely relate
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… I suppose American power is mor
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Scholars have identified a number o
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The poor poll showing increased con
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Page 135 and 136: lack of clear justification for the
Page 137 and 138: Thinking of the position of individ
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Page 141 and 142: The final issue to be considered fr
Page 143 and 144: during his premiership * . The issu
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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 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: much wider than traditional defence
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
Page 215 and 216: Of course, this conceptualization o
Page 217 and 218: HRW concluded that ‘the killing i
Page 219 and 220: action. 143 For just one example of
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Page 225 and 226: (which is essentially non-intervent
Page 227 and 228: armed force when necessary, to prev
Page 229 and 230: ‘intractable injustice’? Yes ar
Page 231 and 232: immediate objective is the destruct
Page 233 and 234: 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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