Abstract
Events of the past few decades have consistently worked to modify our conception of international justice, international ethics, political violence, terrorism, and global warfare. The early years of the twenty-first century further challenged previously held notions, largely due to 9/11, the so-called War on Terror, and the ensuing Iraq war. Indeed, the second Iraq war (the Gulf War being the first) altered our understanding of many of these issues. In this chapter, I consider the impact that the war on Iraq has had on the notion of preventive war. While the Iraq war itself did not contribute to the invention or formulation of this controversial doctrine, it does serve as the first example of a full-scale preventive war since the United States adopted the policy as part of its official national defense strategy. In waging the Iraq war, the George W. Bush administration demonstrated significant departure from the legalist paradigm that had regulated international war convention throughout the past six decades. Thus the Iraq war resuscitated a long-standing debate that focused primarily on the need to prohibit (or severely limit) preventive war measures on legal, moral, or strategic grounds. Of course, the doctrine also has its fair share of proponents, particularly in the realist political tradition.
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Notes
These alternative terms (in the order they appear in the body of the text) are used by Steven P. Lee, Andrew Fiala, George P. Shultz, Michael Walzer, and various Bush administration officials more broadly. See the following essays: Steven P. Lee, “Preventive Intervention,” in Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory, ed. Steven P. Lee (Dordrecht: Springer, 2007), 119–33;
Andrew Fiala, “The Preemptive War Doctrine,” in The Just War Myth: The Moral Illusions of War (Lanham, MD: Rowman & Littlefield, 2008), 79–97; George P. Shultz, “Hot Preemption,” Hoover Digest, last modified May 28, 2002, http://www.hoover.org/publications/digest/4484486.html;
Michael Walzer, “Anticipations,” in Just and Unjust Wars: A Moral Argument with Historical Illustrations, 3rd ed. (New York: Basic Books, 2000), 74–85. For Bush administration speeches and policy papers, see accompanying sources in this chapter.
Some have challenged the claim that preventive war is incompatible with JWT. Whitley Kaufman argues that JWT is not incompatible with preventive war per se, but that use of preventive war in the case of Iraq is unjustifiable because a preventive war may only be authorized by the Security Council; thus, it fails the jus ad bellum condition of legitimate authority (Kaufman’s account of legitimate authority is extended to the United Nations). See Whitley Kaufman, “What’s Wrong with Preventive War? The Moral and Legal Basis for the Preventive Use of Force,” Ethics and International Affairs 19, no. 3 (2005): 23–38.
In its War on Terror since 9/11, the United States has not only invaded and occupied Iraq and Afghanistan, but has also sent ground troops to the Philippines, Yemen, Indonesia, and Georgia, to name but a few places. See Neta Crawford, “The Justice of Preemption and Preventive War Doctrines,” in Just War Theory: A Reappraisal, ed. Mark Evans (New York: Palgrave Macmillan, 2005), 45.
George W. Bush, “President Bush Delivers Graduation Speech at West Point,” last modified June 1, 2002, http://www.whitehouse.gov/news/releases/2002/06/20020601–3.html.
Condoleezza Rice, “Dr. Condoleezza Rice Discusses President’s National Security Strategy,” last modified October 1, 2002, http://www.whitehouse.gov/news/releases/2002/10/20021001–6.html.
Steven P. Lee, “A Moral Critique of the Cosmopolitan Institutional Proposal,” Ethics and International Affairs 19, no. 2 (2005): 105–6.
John Hammond, “The Bush Doctrine, Preventive War, and International Law,” The Philosophical Forum 36, no.1 (Spring 2005): 107.
While Neta Crawford introduces four useful conditions on the preemptive use of force in self-defense, she argues for a blanket prohibition against the preventive use of force. See Neta Crawford, “The Slippery Slope to Preventive War,” Ethics and International Affairs 17, no. 1 (2003): 31–34.
Michael Walzer, Arguing about War (New Haven, CT: Yale University Press, 2004), 147.
Miriam Sapiro, “Iraq: The Shifting Sands of Preemptive Self-Defense,” in The Morality of War: Classical and Contemporary Readings, eds. Larry May, Eric Rovie, and Steve Viner (Upper Saddle River, NJ: Pearson, 2006), 397.
David Luban, “Preventive War,” Philosophy and Public Affairs 32, no. 3 (2004): 228–29.
Nicholas Fotion, War and Ethics (London: Continuum, 2007), 14–15.
This seems to be the view of several contemporary thinkers such as David Luban, Whitley Kaufman, Allen Buchanan, and Robert O. Keohane. See Luban, “Preventive War,” 209–10; Kaufman, “What’s Wrong with Preventive War?,” 23–24; Allen Buchanan and Robert O. Keohane, “The Preventive Use of Force: A Cosmopolitan Institutional Proposal,” Ethics and International Affairs 18, no.1 (2004), 2–3.
Kofi Annan, “Address to the United Nations General Assembly,” last modified September 23, 2003, http://www.un.org/webcast/ga/58/statements/sg2eng030923.htm.
Noam Chomsky, Hegemony or Survival: America’s Quest for Global Dominance (New York: Henry Holt, 2004), 17.
Additionally, Eisenhower went on to associate the doctrine with Hitler’s strategy (and oddly enough the Nazi party is the kind of example many cite when defending any kind of provision for preventive war). Eisenhower, in fact, rejected the doctrine entirely: “A preventive war, to my mind, is an impossibility today. How could you have one if one of its features would be several cities lying in ruins, several cities where many, many thousands of people would be dead and injured and mangled, the transportation systems destroyed, sanitation implements and systems all gone? That isn’t preventive war; that is war.” For the full interview, see Dwight Eisenhower, “The President’s News Conference of August 11th, 1954,” accessed July 20, 2008, http://www.presidency.ucsb.edu/ws/print.php?pid=9977.
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© 2012 Bassam Romaya
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Romaya, B. (2012). The Question of Preventive War. In: The Iraq War. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137055309_5
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DOI: https://doi.org/10.1057/9781137055309_5
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