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CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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political will is robustness in Rules of Engagement (RoE). * Whilst these may be<br />

relatively straightforward in the conflict phase, post-conflict they can be more complex.<br />

There is some argument that UK forces in Iraq have had to operate within the constraint<br />

of especially restrictive RoE, imposed not just to ensure proportionality and<br />

discrimination, but because the UK government fears both domestic and international<br />

political fall-out from greater civilian casualties should more robust RoE be allowed.<br />

However, more robust RoE, and a readiness to accept the civilian casualties that are an<br />

unfortunate concomitant of war, may be necessary both for force protection and mission<br />

success. Richard Holmes gives the following examples from the experience of British<br />

soldiers in Iraq: ‘… in the midst of what was evidently a substantial firefight, a military<br />

police officer ran about urging soldiers to fire only aimed shots. …’ and ‘shooting an<br />

insurgent who had been involved in an ambush, but had jettisoned his weapon before<br />

running away from the ambush site, would have breached the rules. Shooting him if he<br />

had retained his weapon, however, would not.’ 155 It should be noted that senior British<br />

commanders have insisted that their RoE are entirely adequate 156 but whether or not UK<br />

soldiers in Iraq have adequate RoE, the point remains that as a measure of political will<br />

RoE in interventions must be appropriate (including appropriately robust) as part of a<br />

demonstration of right intent. Richard Holmes has argued that if concern about loss of<br />

political capital is such that RoE are inadequate for mission success, then the<br />

intervention (if elective) ought not to be embarked upon. 157<br />

Right intent, and reasonable chance of success – including the availability and<br />

willingness to commit all necessary resources – are, then, key elements in justifying<br />

humanitarian intervention.<br />

3.3.4.3 Proper Authority in Humanitarian Intervention<br />

George Monbiot, writing in The Guardian 158 suggests that there are three principal<br />

arguments commonly deployed against intervention. Firstly there is the argument that<br />

* Issues of culpability, accountability and soldiers’ conduct in complex operations will be discussed in the<br />

next chapter.<br />

212

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