CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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Iraq’s invasion of Kuwait on 2 August 1990 was the first test of the international order beginning to emerge from the apparent, if then not yet certain, end of the Cold War. The speed and near unanimity of the response, firmly based on the principles and practices of international law and the framework of the UN Charter was good cause for optimism for proponents of the legalist paradigm. On the very day of the invasion the Iraqi action was condemned in UNSCR 660, passed by 14 votes to nil with only Yemen abstaining. There followed a series of resolutions, beginning with UNSCR 661 on 6 Aug – which specifically mentioned Chapter VII of the Charter – imposing various economic sanctions and trade embargoes. United States and United Kingdom military deployments to protect shipping in the Gulf and to reassure Saudi Arabia commenced almost immediately and continued throughout the autumn. Speaking in the House of Commons on 6 Sep 1990, British Prime Minister Margaret Thatcher said: If Iraq’s aggression were allowed to succeed, no small state could ever feel safe again. At the very time when at last we can see the prospect of a world governed by the rule of law, a world in which the United Nations and the Security Council can play the role envisaged for them when they were founded, Iraq’s actions go back to the law of the jungle. 42 In the context of the 2003 war with Iraq it is worth noting that even in 1991, when consensus for firm, and if necessary military, action was much more widespread, Thatcher was repeatedly pressed for assurances that no military action would be taken without further, specific authorisation from the UN Security Council. 43 Nevertheless, resolve was firm and the significance of the moment was well recognised. Neil Kinnock, Leader of the Opposition, noted that ‘…there is a feeling that, while no advantages of any description arise from the action of Saddam Hussein, the cooperation between powers that were, until a short time ago, deadlocked in cold war offers a new prospect for international security.’ 44 Former Labour Defence Secretary and Chancellor of the Exchequer, Dennis Healey, spoke for many when he said: The House will agree that Saddam Hussein will go down in history for at least one unique achievement: he has united all parties in the House of Commons, all permanent members of the Security Council and the overwhelming majority of members of the United Nations both on the objective of getting him out of Kuwait and on the best method of doing so – a blockade supported, if necessary, by appropriate force. 45 77
(Of course, history was to show he could be equally successful at achieving the opposite effect, in 2003.) In noting this optimism and near-unanimity it is important not to over-stress it. There was division and there was scepticism, particularly from the UK, as to the viability of taking the UN route to a solution. Thatcher was the leading sceptic, unconvinced that the UN could deliver, as her memoirs show: 46 This meeting * also saw the beginning of an almost interminable argument between the Americans – particularly Jim Baker – and me about whether and in what form United Nations authority was needed for measures against Saddam Hussein. I felt that the Security Council Resolution which had already been passed † , combined with our ability to invoke Article 51 of the UN Charter, on self defence, was sufficient. …… (M)y attitude, which had been reinforced as a result of our difficulties with the UN over the Falklands, was based on two considerations. Firstly, there was no guarantee that the wording of a resolution, which was always open to amendment, would finish up by being satisfactory. … … Second, although I am a strong believer in international law, I did not like unnecessary resort to the UN, because it suggested that sovereign states lacked the moral authority to act on their own behalf. … … The UN was a useful – for some matters vital – forum. But it was hardly the nucleus of a new world order. Encapsulated in this short passage is a summary of all the traditional doubts about the role of the UN: its inability to take resolute action, its openness to political bias rather than subjective application of law, the danger of the veto rendering it impotent, and an ideological objection to the very idea of any authority greater than that of sovereign states. Nevertheless, the gradual build up of US-led coalition forces, initially for the defence of Saudi Arabia against any further Iraqi expansionism but eventually clearly intended for the forcible removal of Iraqi forces from Kuwait, continued to enjoy increasing UN authority for action. Any doubt that might still have existed in some minds was finally removed by Resolution 678 of 29 Nov 1990 47 (original emphasis): Acting under Chapter VII of the Charter, * On Sunday 5 Aug 1990 in the Whitehouse with US President George Bush, National Security Advisor Brent Scowcroft, Vice President Dan Quayle and Secretary of State James Baker. † SCR 660. It was regarded as sufficient authority for use of force in that it determined the existence of a ‘breach of international peace and security’ – generally taken as the cue for actions under Chapter VII. 78
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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
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: 59 over membership issues 38 . The
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
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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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had been over Bosnia not so much to
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….. strategies calling for use of
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technology to achieve the long-soug
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This might be seen as the fulfilmen
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the rules of war, beginning with th
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Army, 99 with its accompanying Comm
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Values form the very identity of th
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three are intertwined and inter-rel
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of Independence, the Napoleonic Fre
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in Iraq throughout 2004-2005. Somet
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In July 2005 six former UK Chiefs o
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Nor does the expectation of being h
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never succeeds is, unfortunately, a
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soldiers.’ 135 Although Gray goes
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had been done: soldiers were reluct
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4.4.1 PMCs A characteristic of cont
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Furthermore, the use of contract st
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We are left, then, with the inevita
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college at Chapultepec, for example
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of double effect is of dubious valu
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instrument of compassion is also re
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7 Ibid, p93. 8 Herfried Münkler (T
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69 UNSCR 837 (1993). Online at http
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137 Maj Gen A Stewart, Policy and t
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enter voluntarily. Until such a con
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If the application of the UN Charte
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5.6 Conclusion 6: Just War Offers a
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5.9 Conclusion 9: on ‘asymmetric
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328
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Higgins, Rosemary Hollis, Martin an
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Paperback edition 1994) de Wijk, Ro
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CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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