The Role of the 'International Community' in Just War Tradition--Confronting the Challenges of Humanitarian Intervention and Preemptive War
Journal of Military Ethics 2 (2):122-144 (2003)
AbstractAlthough the use of military force for humanitarian ends seems utterly divorced from the use of such force to combat terrorism, both uses answer to similar descriptions. Both appear to encourage nations that are not necessarily themselves under attack to set aside the reigning conventions of national sovereignty and territorial integrity for the overriding purposes of international law enforcement and protection of vulnerable noncombatants. Both involve offensive rather than purely defensive uses of military force. Both answer to criteria of justification that can be derived more readily from the normative moral principles of the classical just war tradition than from purely descriptive revisions of the 'legalist paradigm' in international relations, because the latter is deeply wedded by precedent to notions of sovereignty, territorial integrity, and a purely defensive use of military force. Most significantly, the justification for both kinds of military action depends essentially upon a notion of 'the international community' that is inchoate and urgently in need of rigorous reformulation. In this paper, I attempt to formulate criteria for the justifiable use of military force for these non-defensive purposes, with attention to the nuances of internationalism that several of the resulting criteria entail. Challenges to the de facto role of the United Nations as the sole authoritative representative of this community, and alternatives to its authority in legitimating the use of military force for purposes of international law enforcement, are considered
Similar books and articles
Humanitarian Intervention and International Relations.Jennifer M. Welsh (ed.) - 2006 - Oxford University Press.
Jus Ad Bellum, Values, and the Contemporary Structure of International Law.Sean D. Murphy - 2013 - Journal of Religious Ethics 41 (1):20-26.
The U.S. War in Iraq, Just War Theory and Neoconservatism.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 40:115-151.
The Just War Index: Comparing Warfighting and Counterinsurgency in Afghanistan.A. Walter Dorn - 2011 - Journal of Military Ethics 10 (3):242-262.
Introduction: The Just War Tradition and the Continuing Challenges to World Public Order.Davis Brown - 2011 - Journal of Military Ethics 10 (3):125-132.
The Idea of Defense in Historical and Contemporary Thinking About Just War.James Turner Johnson - 2008 - Journal of Religious Ethics 36 (4):543-556.
Preemption: Military Action and Moral Justification.Henry Shue & David Rodin (eds.) - 2007 - Oxford University Press.
American Physicians and Dual Loyalty Obligations in the "War on Terror".Jerome Amir Singh - 2003 - BMC Medical Ethics 4 (1):1-10.
The Principled Case for Employing Private Military and Security Companies in Interventions for Human Rights Purposes.Deane-Peter Baker & James Pattison - 2012 - Journal of Applied Philosophy 29 (1):1-18.
Added to PP
Historical graph of downloads
Citations of this work
Whose Responsibility to Protect? The Duties of Humanitarian Intervention.James Pattison - 2008 - Journal of Military Ethics 7 (4):262-283.
Judging the Judges: Evaluating Challenges to Proper Authority in Just War Theory.Davis Brown - 2011 - Journal of Military Ethics 10 (3):133-147.
Weaponized NonCombatants: A Moral Conundrum of Future Asymmetrical Warfare.Phillip W. Gray - 2014 - Journal of Military Ethics 13 (3):240-256.
References found in this work
Just and Unjust Wars: A Moral Argument with Historical Illustrations.Barrie Paskins & Michael Walzer - 1981 - Philosophical Quarterly 31 (124):285.
Liberty, Statehood and Sovereignty: Walzer on Mill on Non-Intervention.Endre Begby - 2003 - Journal of Military Ethics 2 (1):46-62.