AMERICAN HEGEMONY AND ETHICS OF WAR AFTER 9/11
A Critical Approach to Revisionist Views
Keywords:
9/11, Revisionist View, Global Ethics of War, Just War doctrine; War on Terror; Anticipatory Self-defense; Humanitarian Intervention; Counterterrorism, 9/11, Revisionist View, Global Ethics of War, Just War, War on Terror, Anticipatory Self-defence, Humanitarian Intervention, CounterterrorismAbstract
The “just war” doctrine posits that wars must be morally justified. It provides conditions that must be satisfied for a war to be justly waged and justly conducted. The doctrine’s core principles are embodied in modern international law, which has imposed a legal restraint on the use of force by even the most powerful. However, since the September 11th attacks, there has been a concerted effort among some American policymakers to reinterpret the doctrine to justify the War on Terror. Their revisions to the classic doctrine alters the nature and the scope of rules on self-defence, humanitarian interventions as well as war crimes. The paper exposes and critically analyzes the revisionist arguments to show the underlying US-centred unilateralism and exceptionalism. The success of such arguments reveals how the US hegemony has extended to the global ethics on war and how it may effectively obliterate the rights-based moral constraint that the just war theory intended to provide.
References
Ashburton, Baring Alexander. Letter from the British Minister Lord Alexander Baring Ashburton to Secretary of State Daniel Webster, 28 July 1842, (5 February 2020).
Associated Press. “Disarm, or Else,” 7 October 2002, (5 February 2020).
Barry, Ellen. "Russia Bars 18 Americans After Sanctions by U.S," New York Times, 13 April 2013, (20 February 2019).
BBC News. “Iraq Body Count: War dead figures,” BBC News, 23 October 2006, (8 March 2019).
Bowett, W. Derek. “Reprisals Involving Recourse to Armed Force,” American Journal of International Law 66, no. 1 (1972) 1.
Bybee, Jay and Yoo, John. "Memorandum for John Rizzo Acting General Counsel of the Central Intelligence Agency: Interrogation of al Qaeda Operative," 1 August 2002, (20 February 2019).
Casey, M. "U.N. Chief Says Mass Graves in Iraq Show Atrocities Committed by Saddam’s Regime," Associated Press Worldstream, Aug. 22, 2003.
Ciulla, Alice. “After Iraq: Stanley Hoffmann and the Role of the United States in the International System,” US Abroad 1, (2018) (3 May 2019).
CNN. "Arms Inspectors Look to Return to Iraq," 27 April 2003, (2 January 2020).
CNN. "Iraq Destroys More Missiles," 9 March 2003, (20 April 2020).
Cohen, Zachary et al. “US Drone Strike Ordered By Trump Kills Top Iranian Commander In Baghdad,” CNN, 4 January 2020, (1 February 2020).
Dershowitz, Alan. Why Terrorism Works: Understanding the Threat, Responding to the Challenge, New Haven: Yale University Press, 2002.
Grotius, Hugo. The Rights of War and Peace, Indianapolis: Liberty Fund, 2005.
Hoffman, Stanley. The Ethics and Politics of Humanitarian Intervention, Notre Dame: Notre Dame University Press, 1996.
Howard, Michael et al., The Laws of War: Constraints on Warfare in the Western World, New Haven: Yale University Press, 1994.
Human Rights Watch. “At a Crossroads: Human Rights in Iraq Eight Years after the US-Led Invasion,” 21 February 2011, (4 February 2020).
Human Rights Web. "Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 78 U.N.T.S. 277 (8 May 2019).
Institute for Advance Study. “Michael Walzer on Terrorism and Just War.” (6 February 2020).
Kirgis, L. Frederic. “Security Council Resolution 1441 on Iraq's Final Opportunity to Comply with Disarmament Obligations,” Insights 7 no. 12 (2002) (9 February 2020).
Lietzau, K. William. “Old Laws, New Wars: Jus ad Bellum in an Age of Terrorism,” Max Planck Yearbook of the United Nations 8 (2004), 384-455.
Lobel, J. “The Use of Force to Respond to Terrorist Attacks: The Bombing of Sudan and Afghanistan,” Yale Journal of International Law 24, no.2 (1999) 537-557.
Lobel, Jules and Ratner, Michael. “Humanitarian Military Intervention: A proposal for just change in U.S. foreign policy,” Institute of Policy Studies (12 October 2015), (2 February 2019).
Lucas Jr., R. George, "New Rules for New Wars: International Law and Just War Doctrine for Irregular War,” Case Western Reserve Journal of International Law 43, no. 3 (2011) 685 (8 March 2019).
Lucas Jr., R. George. “Jus ad bellum to Jus ad pacem: Rethinking Just War Criteria for the Use of Military Force for Humanitarian Ends,” in Ethics and Foreign Intervention eds. Chatterjee and Donald Scheid, Cambridge: Cambridge University Press, 2003, 72-96.
McLaughlin, Elizabeth. “Soleimani approved attack on Iraqi military base that killed American: Top US General,” abc News, 4 January 2020, (1 February 2020).
New York Times. “President Bush's Speech on the Use of Force,” 8 October 2002, (April 20, 2020).
O’Connell, Ellen Mary. “The Killing of Soleimani and International Law,” Blog of the European Journal of International Law, (2 February 2020).
Orend, Brian and Heberle, Jean-Claude. “La justice après la guerre. Pour une nouvelle Convention de Genève appliquée au jus post bellum,” Raisons Politiques 2012 Vol. 45.
Orend, Brian. The Morality of War, Peterborough: Broadview Press, 2013.
PBS. "Frontline Interview with John Yoo," 19 July 2005, (20 Feburary 2019).
Quigley, John. “The Afghanistan War and Self-Defense,” Valparaiso University Law Review 37, no. 2 (2003) 541-562.
Ratnesar, Romesh. “Iraq & al-Qaeda Is There a Link?” TIME, 26 August 2002 (5 February 2020).
Reichberg, George and Syse, Henrik. "Humanitarian Intervention: A Case of Offensive Force?” Security Dialogue 33, no.3 (2002) 309-322.
Reiman, Jeffrey. “Ethics for Calamities: How Strict is the Moral Rule Against Targeting Noncombatants?” in Empowering Our Military Conscience: Transforming Just War Theory and Military Moral Education, ed. Roger Wertheimer. Burlington: Routledge, 2010, 93–106.
Saenz, Arlette. “President Trump tells ABC News’ David Muir he 'absolutely' thinks waterboarding works,” ABC News, 26 January 2017 (8 March 2019).
Schachter, Oscar. “The Right of States to Use Armed Force,” Michigan Law Review 82, no. 5 (1984): 1620-1646.
Shulman, R. Mark. “The ‘War on Terror’ is Over – Now What? Restoring the Four Freedoms as a Foundation for Peace and Security,” Journal of National Security Law & Policy 3, no. 1 (2009) 263-300.
Simma, Bruno et al. (eds.). The Charter of the United Nations: A Commentary, Vol. II, Oxford: Oxford University Press, 2012.
Simons, Marlise. "Spanish Court Weighs Inquiry on Torture for 6 Bush-Era Officials," New York Times, 28 March 2009, (1 February 2020).
The Times. “Halabja, the massacre the West tried to ignore,” The Times (28 January 2010), http://www.timesonline.co.uk/tol/news/worldiraq/art icle 6991512.ece> (8 March 2019).
The White House. Executive Order 13491 - Ensuring Lawful Interrogations, 22 January 2009,
United Nations Security Council. Resolution 678, (April 22, 2019).
United Nations Security Council. Resolution 687, (April 22, 2019).
United Nations Security Council. Resolution 1441, (April 22, 2019).
United States Senate. “Congressional Reports: Report of the Select Committee on Intelligence on the U.S. Intelligence Community’s Prewar Intelligence Assessments on Iraq,” 7 July 2004, (5 May 2019).
United States White House. “The National Security Strategy of the United States of America,” September 2002, <2009-2017. state.gov/documents/organization/63562.pdf> (2 May 2019).
Walzer, Michael. “The Moral Standing of States: A Response to Four Critics,” Philosophy and Public Affairs 9, No. 3 (1980), 209-229.
Walzer, Michael. A Foreign Policy for the Left. New Haven: Yale University Press, 2018.
Walzer, Michael. Just and Unjust Wars: A Moral Argument with Historical Illustrations, New York: Basic Books, 1977.
Walzer, Michael. Thinking Politically: Essays in Political Theory, New Haven: Yale University Press, 2007.
Washington Post. “Text of President George Bush’s 2003 State of the Union Address,” 28 January 2003, (5 May 2019).
Yoo, John. “International Law and the War in Iraq.” American Journal of International Law 97, (2003): 563-576.