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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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4.2.1.1 The Impact of Casualty/Risk/Cost Aversion: Reluctance to Intervene<br />

Reluctance to intervene is primarily an issue of jus ad bellum. However, as has been<br />

frequently noted, jus ad and jus in are inter-related. Our reluctance to intervene<br />

militarily can shape our conduct in a crisis – dictating a response short of decisive<br />

intervention, for example, which may have moral consequences. Just war doctrine<br />

requires, of course, that military force be a last resort. Nevertheless, a case can easily be<br />

made that there have been occasions on which a much better outcome might have been<br />

reached by an earlier or more whole-hearted resort to use of force (or indeed any such<br />

resort at all). It is equally easy to make a case that in many such cases it has been<br />

concern for the risks – in lives, treasure or political capital – that have deterred military<br />

action. De Wijk 32 identifies three instruments of coercion that can be used: political,<br />

economic and military. However, he notes 33 that the political instrument – demarches,<br />

withdrawal of ambassadors, UN resolutions et cetera – have little effect on regimes<br />

careless of international opinion and may even be used by such regimes as evidence, to<br />

their own populations, of an external threat, in order to rally popular support or even to<br />

justify internal repression. Economic sanctions can be used in a similar way.<br />

Moreover, they can have harsh consequences for the ordinary population. De Wijk<br />

points to the empirical evidence gathered in a study by Hufbauer, Scott and Elliot 34 ,<br />

which considered 115 cases of economic sanctions from 1914 to 1990 and concluded<br />

that only 40% were successful. This is because states can find alternatives (as Iraq did<br />

throughout the period of UN sanctions from 1991-2003), can point to the sanctions as<br />

evidence of external threat, and because multi-lateral action suffers from states’<br />

different interest in ensuring effectiveness (again, witness Iraq and divisions over<br />

sanctions even among EU states). Iraq also offers evidence for the argument that it is<br />

the ordinary people who suffer most from a strong sanctions regime, contra the just war<br />

criterion of discrimination and arguably that of proportionality too. Her health service,<br />

for example, once on a par with those of major European powers, was devastated by the<br />

long period of sanctions (or at least by the Baghdad regime’s manipulations of them). 35<br />

The tardiness and then the nature of European nations’ reaction to the 1990s crises in<br />

the Balkans stands as further evidence of the moral consequences of a reluctance to<br />

257

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