CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

More documents

Recommendations

Info

Society Group-affiliations Individual Figure 3-1 Competing Conceptualizations of the Place of the Individual in Rights-Systems. 122 If the universality of human rights cannot be taken for granted, still less can be universal acceptance of human rights violations as justification for armed intervention. Unsurprisingly, then, non-Western states are both sceptical and wary of Western attempts to frame a doctrine of intervention based on Western democratic principles and conceptualisation of human rights. We must also consider the extent of human rights breaches that might be necessary in order to justify armed intervention. When Stanley Hoffman 123 refers to the ‘mischief’ that nations may do within their borders that might justify intervention, he surely means ‘mischief’ only of the gravest kind. Just war can, of course, offer the guidance here of proportionality. Armed intervention in the affairs of another state is, in essence, a bad thing. However, it can be justified when it is necessary in order to stop a worse thing. Genocide is clearly bad enough to justify intervention; a punitive tax regime, however undesirable, is not. The issue then is how ‘mischievous’ (in Hoffman’s terms) a government must be in order to justify its being the target of intervention. The ICISS recognised this explicitly. Firstly it argues that military intervention must be limited to ‘extreme and exceptional cases’ 124 . Furthermore, it took the view that 203 Individual Society Western-liberal Islamic God
(m)ost internal political or civil disagreements, even conflicts, within states do not require coercive intervention by external powers. The non-interference rule not only protects states and governments: it also protects peoples and cultures, enabling societies to maintain the religious, ethnic, and civilizational differences that they cherish. 125 Nevertheless, it accepted that there are exceptional circumstances in which the very interest that all states have in maintaining a stable international order requires them to react when all order within a state has broken down or when civil conflict and repression are so violent that civilians are threatened with massacre, genocide or ethnic cleansing on a large scale. 126 The exceptional circumstances that should justify military intervention were taken, from the Commission’s consultations, to be those ‘cases of violence which so genuinely “shock the conscience of mankind,” or which present such a clear and present danger to international security’ 127 and these were further narrowed to those circumstances in which military action was necessary to halt or avert: large scale loss of life, actual or apprehended, with genocidal intent or not, which is the product either of deliberate state action, or state neglect or inability to act, or a failed state situation; or large scale “ethnic cleansing,” actual or apprehended, whether carried out by killing, forced expulsion, acts of terror or rape. 128 (Original emphasis) For the ICISS, these are the conditions required to meet the Just Cause criteria. These deliberately restrictive conditions reflect earlier discussion of the issue, too. Writing as early as 1993, Richard B Lillich 129 offers a similar formulation: UN humanitarian intervention must be based on the actual existence or impending likelihood of gross or persistent human rights violations that shock the world’s conscience. (Such violations occur, inter alia, from systematic and indiscriminate attacks on civilians by a central government, or a system breakdown in law and order producing the dislocation and starvation of the civilian population.) (Emphasis added). An alternative conception for Just Cause is offered by Ian Holliday. 130 Holliday argues, firstly, that in the context of the post-Westphalian privileging of state sovereignty, ‘just cause’ in traditional conceptualisations of just war doctrine has become roughly synonymous with ‘self defence’. That this is inadequate for current circumstances is clear from the discussion above (see Section 3.3.2 ) about the growing imperative for intervention. Secondly, Holliday suggests, at least in common usage there is a strong 204
Page 1 and 2:
CRANFIELD UNIVERSITY DAREN BOWYER J
Page 3:
ABSTRACT For nearly two millennia j
Page 7 and 8:
CONTENTS Abstract ……………
Page 9 and 10:
GLOSSARY OF ACRONYMS Acronym Meanin
Page 11 and 12:
which such political decisions are
Page 13 and 14:
worst of all, continuall feare, and
Page 15 and 16:
fact it does positive harm.’ 15 T
Page 17 and 18:
whole with the interests of the fit
Page 19 and 20:
war should be entered into without
Page 21 and 22:
matter for realist determination, t
Page 23 and 24:
and has returned to the fore of pol
Page 25 and 26:
This is the context against which K
Page 27 and 28:
equired to make war, and the people
Page 29 and 30:
a clear perception of the new world
Page 31 and 32:
which Keohane 59 defines as ‘pers
Page 33 and 34:
underpinnings. As well as making th
Page 35 and 36:
states) and could be predicted thro
Page 37 and 38:
Hobbesianism/ Machiavellianism (Wig
Page 39 and 40:
It recognises both that war and a s
Page 41 and 42:
European Convention on Human Rights
Page 43 and 44:
the other side of liberalism, possi
Page 45 and 46:
the principal foci of this thesis.
Page 47 and 48:
The clearest evidence for the stabi
Page 49 and 50:
if we take Willard’s analogy, it
Page 51 and 52:
promotion of common goals, there ca
Page 53 and 54:
But shortly afterwards he continues
Page 55 and 56:
premise by which Augustine came to
Page 57 and 58:
understood only to apply between Ch
Page 59 and 60:
Writing against the backdrop of a s
Page 61 and 62:
have ‘plausible pretext.’ His w
Page 63 and 64:
As Gross’s title suggests, this o
Page 65 and 66:
organisations/arrangements acting u
Page 67 and 68:
the realist must be persuaded that
Page 69 and 70:
eserving to a supra-national body t
Page 71 and 72:
70 K Waltz, Man, The State and War.
Page 73 and 74:
153 Emerrich De Vattel, The Law of
Page 75 and 76:
must again be found from first prin
Page 77 and 78:
philosophically the ultimate expres
Page 79 and 80:
Notwithstanding the significant ste
Page 81 and 82:
nationalist regime. Had the Soviet
Page 83 and 84:
The operation and extent of the vet
Page 85 and 86:
59 over membership issues 38 . The
Page 87 and 88:
(Of course, history was to show he
Page 89 and 90:
Four years later, in early 2003, it
Page 91 and 92:
2.2.3 Practical Failings Other fail
Page 93 and 94:
nearly all important points. Not al
Page 95 and 96:
equipped and trained forces were re
Page 97 and 98:
Charter and apparently outwith its
Page 99 and 100:
Navigation with Nicaragua. The Unit
Page 101 and 102:
each Member undertakes to comply wi
Page 103 and 104:
There is a second, related, point t
Page 105 and 106:
2.2.4 Reordering the Value Set: New
Page 107 and 108:
There was a growing recognition, th
Page 109 and 110:
… … 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 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
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: ‘Democracy’ says de Wijk ‘is
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
Page 221 and 222: political will is robustness in Rul
Page 223 and 224: motivated, to lack cultural empathy
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
Page 235 and 236: action before any blow is actually
Page 237 and 238: international opinio juris recognis
Page 239 and 240: unproven case that preventive actio
Page 241 and 242: In the past decade, Saddam has syst
Page 243 and 244: ‘Osirak’ end of the scale) risk
Page 245 and 246: The UN formally considered the case
Page 247 and 248: This chapter’s discussion of inte
Page 249 and 250: as with interventions, they will al
Page 251 and 252: 60 Independent International Commis
Page 253 and 254: 137 K Roth, ‘War in Iraq not a Hu
Page 255 and 256: http://www.publications.parliament.
Page 257 and 258: warfare. AP I deals with ‘victims
Page 259 and 260: Münkler 8 suggests that the Democr
Page 261 and 262: Experience in Kosovo, Iraq and Afgh
Page 263 and 264:
The issue might, then, be seen as o
Page 265 and 266:
eplacements, even in the United Sta
Page 267 and 268:
intervene and was certainly, in par
Page 269 and 270:
willing to provide equipment suppor
Page 271 and 272:
applying selectivity to interventio
Page 273 and 274:
it’s a political decision in Wash
Page 275 and 276:
unconvinced. Danielle Pletka, of th
Page 277 and 278:
too thinly spread and in living con
Page 279 and 280:
watching as lightly armed drunken t
Page 281 and 282:
had been over Bosnia not so much to
Page 283 and 284:
….. strategies calling for use of
Page 285 and 286:
technology to achieve the long-soug
Page 287 and 288:
This might be seen as the fulfilmen
Page 289 and 290:
the rules of war, beginning with th
Page 291 and 292:
Army, 99 with its accompanying Comm
Page 293 and 294:
Values form the very identity of th
Page 295 and 296:
three are intertwined and inter-rel
Page 297 and 298:
of Independence, the Napoleonic Fre
Page 299 and 300:
in Iraq throughout 2004-2005. Somet
Page 301 and 302:
In July 2005 six former UK Chiefs o
Page 303 and 304:
Nor does the expectation of being h
Page 305 and 306:
never succeeds is, unfortunately, a
Page 307 and 308:
soldiers.’ 135 Although Gray goes
Page 309 and 310:
had been done: soldiers were reluct
Page 311 and 312:
4.4.1 PMCs A characteristic of cont
Page 313 and 314:
Furthermore, the use of contract st
Page 315 and 316:
We are left, then, with the inevita
Page 317 and 318:
college at Chapultepec, for example
Page 319 and 320:
of double effect is of dubious valu
Page 321 and 322:
instrument of compassion is also re
Page 323 and 324:
7 Ibid, p93. 8 Herfried Münkler (T
Page 325 and 326:
69 UNSCR 837 (1993). Online at http
Page 327 and 328:
137 Maj Gen A Stewart, Policy and t
Page 329 and 330:
enter voluntarily. Until such a con
Page 331 and 332:
If the application of the UN Charte
Page 333 and 334:
5.6 Conclusion 6: Just War Offers a
Page 335 and 336:
5.9 Conclusion 9: on ‘asymmetric
Page 337 and 338:
328
Page 339 and 340:
Higgins, Rosemary Hollis, Martin an
Page 341:
Paperback edition 1994) de Wijk, Ro
show all

CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?