CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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into national revolutionaries. 129 In 1972 the over-reaction of British troops to provocations during an illegal Civil Rights Movement march in Northern Ireland, undoubtedly had the effect of hardening republican opinion, damaging Britain’s international standing and aiding the recruiting efforts of the Provisional IRA. On the other side of the coin, rebels, insurgents and terrorists have sometimes provoked a greater back-lash than they intended by acts of particular atrocity. The Omagh bombing in 1998 seriously undermined support for the Irish republican paramilitaries both at home and abroad. In 2004 the massacre of children at a school in Beslan, Russia, did serious harm to the international sympathy for the Chechen cause. Drawing on more recent experience, Brigadier Nigel Aylwin-Foster quotes an anonymous US Army Colonel in Baghdad in September 130 2004: ‘If I were treated like this, I’d be a terrorist!’ In conflict of this kind the otherwise neutral population can become a political battleground – their ‘hearts and minds’ an objective for both sides. It should be obvious then, that careful treatment of them becomes a strategic necessity. Equally it is a strategic necessity for the asymmetric opponent to win on this battleground. Improper conduct, whether heavy-handedness or abuse, is an opportunity to be exploited in this key campaign. We can include in this, what some commentators 131 have termed ‘lawfare’ – the attempt by asymmetric opponents to exploit the legal asymmetry by highlighting and publicising any actual or perceived infractions by us whilst himself remaining in any case unbound himself. Colin Gray, recognising the historic reality that asymmetric warfare provokes misconduct and abuse, argues that, contrary to the prevailing view, repression does work as a means of counter-insurgency: It is only fair to point out that irregular warfare almost invariably drives the regular belligerent to behave terroristically towards the civilian populace that provides, or might provide, recruits or support for the guerrillas. The irregular warrior is obliged by his relative weakness to be elusive. That structural reality about irregular warfare tempts the regular combatant – German, French, Russian, British, American, Portuguese, and others – to strike at those it can reach. Those who the regular can reach are the inhabitants of the civilian sea in which the guerrilla fighter must swim, to employ Mao Tse-tung’s famous metaphor. The winning of ‘hearts and minds’ may be a superior approach to quelling irregulars, but official, or extra-official but officially condoned, military and police terror is swifter and can be effective. The proposition that repression 295
never succeeds is, unfortunately, a myth. Half-hearted repression conducted by self-doubting persons of liberal conscience certainly does not work. That will be as true in the future as it was in the past. Whether or not contemporary and future changes in values in many societies will deny regular belligerents extreme, indeed purposefully disproportionate, terroristic violence as a practical option in the conduct of irregular war, remains to be seen. 132 However, an argument may be made that Western democracies have indeed reached the stage where society’s values, coupled with an omni-present media, have indeed denied their regular forces ‘purposely disproportionate, terroristic violence’ as a means in the conduct of irregular war. If they are, then, to avoid, the inevitable failure of ‘half- hearted’ repression, they must not go down the repression route at all! How, then, is proper conduct to be ensured, whilst operational effectiveness is maintained; how can it be ensured that those who commit wrongful acts are brought to account, without the majority being hampered – as some elements of the media have suggested they are – by concern about over-restrictive rules limiting their use of force? It is helpful here to reiterate explicitly a distinction that should already have become apparent. Discussing the issues of Rules of Engagement (RoE) in Iraq, Richard Holmes offers the following: Breaches of both the law in general and these specific rules (RoE) occur in two broad sets of circumstances. In the first, men overreact in the stress of combat, perhaps by using more force than the situation warrants, or by engaging individuals who have not in fact made themselves liable to attack under the rules of engagement. … … … The deliberate mistreatment of prisoners is quite another matter: here the soldier is usually at little risk, and rarely acts in hot blood, although the memory of recent acts by the prisoners or their friends may fuel his resentment. But a minority of soldiers may too easily imagine that it is absurd to behave with studied correctness towards men they regard (often not without cause) as torturers and murderers; they may believe that they are helping their own cause by giving prisoners a ‘hard time’, and they will be inclined to interpret a nod and a wink as a veiled order to behave badly. 133 The second set of circumstances is straightforward. We can sympathise with soldiers’ stress, but we cannot condone improper treatment of the wounded, of prisoners, or of the civilian population. Those who act wrongly dishonour their nations and their profession. Armies, having recognised that the nature of asymmetric warfare may 296
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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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167. 181 In the concurrent County a
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lack of clear justification for the
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Thinking of the position of individ
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Regiment of Fusiliers for abuse of
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The final issue to be considered fr
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during his premiership * . The issu
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war of defence and liberation, has
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Second World War with the predomina
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…the cooking of news before it wa
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In the case of US soldiers in Iraq,
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terms: ‘the ability to get people
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on the team who simply love the gam
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In common with many colleagues the
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Solomou, a medic with The London Ir
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- are accepted. In the case of rese
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57 Ibid, Article 47. 58 E Luard, op
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113 David D Newsome, ‘The Bush Pr
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162 G. John Ikenberry, ‘Why Expor
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212 C Dunlap, Organizational Change
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162
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problems of mobilization and inflex
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even driven, much more by the polit
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whose average weight has continuall
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One consequence of the blurring of
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minority and all parties have to be
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much wider than traditional defence
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3.3 Humanitarian Intervention 3.3.1
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Chapter 2 (see Section CHAPTER 22.2
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Further evidence of a shift of cons
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The inability of a strictly legal p
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and optimism that followed successf
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The non-cooperation of the Khmer Ro
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As with the operation in Cambodia,
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The community of nations decided to
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humane values. The problem, of cour
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the secessionist aims of a sustaina
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(T)here assuredly are cases in whic
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upholding the law is a good thing a
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debacle. Weinberger-Powell is, esse
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‘Democracy’ says de Wijk ‘is
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(m)ost internal political or civil
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Of course, this conceptualization o
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HRW concluded that ‘the killing i
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action. 143 For just one example of
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political will is robustness in Rul
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motivated, to lack cultural empathy
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(which is essentially non-intervent
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armed force when necessary, to prev
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‘intractable injustice’? Yes ar
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immediate objective is the destruct
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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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Page 257 and 258: warfare. AP I deals with ‘victims
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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
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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
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Page 281 and 282: had been over Bosnia not so much to
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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: Nor does the expectation of being h
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
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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
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Page 339 and 340: Higgins, Rosemary Hollis, Martin an
Page 341: Paperback edition 1994) de Wijk, Ro
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CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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