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CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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eligious sects, there may well be no help unless it comes from outside. And<br />

when a government turns savagely on its own people, we must doubt the very<br />

existence of a political community to which the idea of self-determination might<br />

apply. 103<br />

Nevertheless, Walzer continues with a warning that ‘clear examples of what is called<br />

“humanitarian intervention” are very rare. Indeed, I have not found any, but only mixed<br />

cases where the humanitarian motive is one among several. States don’t send their<br />

soldiers into other states, it seems, only in order to save lives.’ 104 States’ motives may<br />

be hard fully to unveil but it seems reasonable to argue that there have now been such<br />

cases – the UK’s intervention in Sierra Leone in 2000 springs to mind. Nevertheless,<br />

Walzer’s cynicism is historically justified. It is for this very reason that just war<br />

requires right intent in addition to just cause. Walzer invokes just war, too, in<br />

considering the importance of the practicability of an intervention:<br />

A state contemplating intervention or counter-intervention will for prudential<br />

reasons weigh the dangers to itself, but it must also, and for moral reasons,<br />

weigh the dangers its actions will impose on the people it is designed to benefit<br />

and on all other people who may be affected. An intervention is not just if it<br />

subjects third parties to terrible risks; the subjection cancels the justice. 105*<br />

(Original emphasis).<br />

Walzer, as one who has had a leading place in articulation of the legalist paradigm must<br />

be viewed as generally non-interventionist. Where he does allow of exceptions to the<br />

rule Walzer’s argument on interventions, James Turner Johnson 106 suggests, can be<br />

boiled down to issues of justice of cause and reasonable chance of success (or the<br />

presence of a third party). Though, as we have seen, he also touches on right intent. In<br />

other words, we are beginning to see the tenets of just war applied as the restriction on<br />

intervention, in the same way that they were devised to constrain war.<br />

George Lucas criticizes Walzer for being overly restrictive on intervention (and pre-<br />

emption, which we shall examine in the next section) and, indeed, for being selective in<br />

how he draws on Mill. In particular, Lucas draws attention to the following passage of<br />

Mill’s, ignored by Walzer:<br />

* How issues of jus in bello might affect the justice of an intervention is considered in the next chapter.<br />

195

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