CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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Individually, those who must engage in combat on behalf of their nations run the risk of reduced morale if they are unconvinced by the cause, or if they are aware of inhumane conduct by their colleagues and allies. Although there is little evidence to support belief in cause as a major motivational factor for most soldiers, there is rather more to suggest that a lack of belief in cause is a serious addition to ‘friction’, which has negative impact on morale, cohesion and military effectiveness. If justification matters and legal justification has been found ineffective, then we must resort to first principles and have available the framework for moral debate. 5.5 Conclusion 5: Warfare has an enduring nature but ever-changing characteristics. The particular characteristics emergent today will shape and influence moral responses Predicting future war is a fraught business and history is littered with examples of its failure. Nevertheless, we have only the past to guide and if we are to prepare for future conflict we must be prepared to make some judgement as to the form it might take. The experience of history tells us that the nature of warfare is enduring – in particular it has remained, at essence, a human business at the centre of which is the use, actual or threatened, of violence to impose one side’s will upon another. The character of war, though, evolves to reflect its time. A particular characteristic identifiable today is that of increasing complexity as traditional boundaries are blurred and eroded. Security is no longer perceived to rest solely upon territorial defence and a paradigm that placed order above all else has been challenged by a reordering of values in favour of individual, not states’, rights. Thus has emerged a greater tendency to interventionism on grounds of our own security or to promote values we argue are universal. To this can be added an argument that non- traditional threats, especially from non-state entities, and of weapons of enormous destructive power, have challenged our traditional understanding of last resort. 323
5.6 Conclusion 6: Just War Offers a Framework for Debate that Helps Guide Our Decisions on Intervention If the legal paradigm has been found wanting in a geo-strategic environment that promotes interventionism, and yet we are to avoid unfettered military interventions, then we need a new guide to frame our decision making. The just war tenets of jus ad bellum provide a sound framework for debate, albeit with some adaptation of understanding. The subjective nature of just cause and the tendency for any aggressor to claim it require a greater focus on the other criteria. In particular, right intent is easier objectively to verify. Whilst proper authority, in the sense of an effective supra- national body has proved impractical in a legal sense, when interpreted as broad-based, cross-cultural international support, then it continues to play a critical role in justifying military intervention. 5.7 Conclusion 7: The Character of Contemporary Conflict May Change Our Perception of Imminence (in Time and/or Space) in Justifying Pre-Emption but Offers no Justification for Preventive War A right to anticipatory action today, as ever, increases insecurity and gives rise to a vicious circle of claims to necessary pre-emption. Just war tenets of last resort and proportionality of response rightly circumscribe anticipatory war – denying preventive war and constraining pre-emption. Neither terrorism nor WMD, as aspects of contemporary security threats, change the case. They may impact our understanding of immediacy – an attack can be further off in time and space when it meets Webster’s criterion of imminence – but they make no case for preventive action. A significant concern today must be that reasonable arguments for pre-emption are being used to justify preventive war, falling substantially short of last resort. Nations will always take their own counsel, regardless of international legal opinion, when it comes to promoting their own security. This may lead to the taking of 324
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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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137 K Roth, ‘War in Iraq not a Hu
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http://www.publications.parliament.
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warfare. AP I deals with ‘victims
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Münkler 8 suggests that the Democr
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Experience in Kosovo, Iraq and Afgh
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The issue might, then, be seen as o
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eplacements, even in the United Sta
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intervene and was certainly, in par
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willing to provide equipment suppor
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applying selectivity to interventio
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it’s a political decision in Wash
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unconvinced. Danielle Pletka, of th
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too thinly spread and in living con
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watching as lightly armed drunken t
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Page 293 and 294: Values form the very identity of th
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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
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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
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Page 323 and 324: 7 Ibid, p93. 8 Herfried Münkler (T
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Page 327 and 328: 137 Maj Gen A Stewart, Policy and t
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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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