CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

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specialists (civilian and military), as well as supporting services, materiel and equipment, and remain on stand-by in their home country. Certain levels of training, equipment and sustainability are mandated and the system is intended to provide at least a starting point for DPKO in identifying resources which might be called upon. The initiative began with a planning team instituted in 1993 when the first eight Member States joined the system (Chad, Ghana, Jordan, Netherlands, Poland, Sri Lanka, Spain and Syria). As at 1 Jul 2003 * , 82 Member States were formally members of the System (having signed the MOU as a statement of intent), with 25 of those having progressed to ‘Level One’ – provision of a list of capabilities – and a further 10 having submitted initial planning data (‘Level 2’). 73 As of 2004, Jordan and Uruguay were the only Member States to have signed-up to a new Rapid Deployment Level – forces available within 30-90 days of signature of a Mandate – introduced in 2001. Small steps in the right direction though UNSAS might represent, it remains quite patently woefully inadequate in terms of capability, readiness (30-90 days from mandate signature even for the highest level of readiness), and certainty (none of the resources is guaranteed to be available – it is only an offer of what a Member State might make available should it so choose). Most importantly, UNSAS is available only for peacekeeping (Chapter VI) missions and so falls far short both of the Article 43 capability envisioned by the Charter’s founders, and of the forces that Boutros-Ghali recognised as essential to ‘achieve the great objectives of the Charter’. (See p84). The means for enforcement of the legal paradigm is simply not available to the United Nations. 2.2.3.2 Widespread Disregard for Article 2(4) in Fact. As a measure of states responsiveness to the legal paradigm on use of force it is perhaps worth just a passing glimpse at the actuality of use of force since the adoption of the UN * As at 1 Feb 08, this was the latest Status Report Available on the UN web site. 87
Charter and apparently outwith its constraints. Arend and Beck 74 offer a representative sample of such actions summarised in Table 2-4. Year Theatre of action States taking action apparently in contravention of 88 Article 2(4) 1954 Guatemala United States of America 1956 Egypt (Suez Canal Zone) Israel, United Kingdom, France 1956 Hungary Soviet Union 1961 Cuba (Bay of Pigs) United States of America (Sponsorship) 1961 Goa India 1965 Dominican Republic United States of America 1968 Czechoslovakia Soviet Union (Warsaw Pact) 1973 Israel Syria, Egypt 1960-75 South Vietnam North Vietnam 1979 Kampuchea Vietnam 1979 Afghanistan Soviet Union 1979 Uganda Tanzania 1982 Falkland islands Argentina 1983 Grenada United States of America 1989 Panama United States of America 1990 Kuwait Iraq Table 2-4 Representative Sample of Actions Apparently Contravening Article 2(4). (Author’s table) To this list might reasonably be added today, the 1999 NATO air attacks on Serbia and subsequent move into Kosovo and the 2003 US-led invasion of Iraq. Of course, any such list is controversial. Those listed in the third column would all offer justifications for their action – and most often in terms of the exceptions to Article 2(4) – essentially a claim of ‘self defence.’ Arend and Beck make a case that ‘a putative norm is a rule of international law only if it is authoritative and controlling.’ 75 If there is widespread disregard for Article 2(4) in practice then it can be argued that this central pillar of the legalist paradigm is no longer to be counted as an operative part of international law at all. Of course, it can be argued that Article 2(4) is part of Treaty Law not Customary International Law and so remains valid however often it may have been breached, but whatever its formal standing, if it is widely ignored then both it and
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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
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 and 86: 59 over membership issues 38 . The
Page 87 and 88: (Of course, history was to show he
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: equipped and trained forces were re
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
Page 137 and 138: Thinking of the position of individ
Page 139 and 140: Regiment of Fusiliers for abuse of
Page 141 and 142: The final issue to be considered fr
Page 143 and 144: during his premiership * . The issu
Page 145 and 146: 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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