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Journal articles on the topic 'Pre-emptive war'
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Pietkiewicz, Michał. "Pre-emptive war under international law." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 4 (2018): 69–79. http://dx.doi.org/10.19195/2300-7249.39.4.6.
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PRE-EMPTIVE WAR UNDER INTERNATIONAL LAW The thesis is devoted to problems associated with the international legal regulation of pre-emptive war. It is quite obvious that this phenomenon has a logical context revealed in national security policies individual states pursue for themselves. In this regard, analysis was made of the prerequisites for the emergence of a new doctrine of pre-emptive war, and here analysis of the “Bush Doctrine” made it possible to reveal the characteristics of pre-emptive war. In addition, the article pays precise attention to the problem of correlation between the characteristics of pre-emptive war and preventive war. It has been separately established that the current stage of international legalization of pre-emptive war requires significant improvement in mechanisms preventing this phenomenon and the development of a system of sanctions. Important conclusions are drawn regarding the prospects for international consolidation and implementation of the pre-emptive war doctrine in the systems of international law.
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Rockmore, Tom. "On pre‐emptive war and democracy." Peace Review 16, no. 3 (2004): 305–10. http://dx.doi.org/10.1080/1040265042000278531.
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Huggan, P. J. "Health effects of war are devastating: pre-emptive war demands pre-emptive criticism by the medical profession." Internal Medicine Journal 37, no. 4 (2007): 274–75. http://dx.doi.org/10.1111/j.1445-5994.2007.01319.x.
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Kleinig, T. J. "Health effects of war are devastating: pre-emptive war demands pre-emptive criticism by the medical profession." Internal Medicine Journal 37, no. 8 (2007): 585. http://dx.doi.org/10.1111/j.1445-5994.2007.01449.x.
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Kurtulus, Ersun N. "The Notion of a “pre-emptive War:” the Six Day War Revisited." Middle East Journal 61, no. 2 (2007): 220–38. http://dx.doi.org/10.3751/61.2.12.
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The article presents a critical assessment of the widespread conceptualization of the June 1967 War between Israel and its neighboring Arab states as a pre-emptive war both in academic and non-academic writing. Tracing the origins of the notion of pre-emptive war to international law, the article identifies three necessary conditions for such a war to be classified as pre-emptive: acute crisis combined with high alert levels; vulnerable offensive weapons; and strategic parity as regards to offensive capabilities. On the basis of a re-interpretation of the evidence produced by previous research, this article argues that the circumstances surrounding the Six Day War did not fulfill some of these necessary conditions. This conclusion also is supported by evidence related to the Israeli decision to launch a first strike.
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Franco, Massimo. "Papal Rebuke: the Vatican vs. Pre-emptive war." Survival 46, no. 1 (2004): 38–39. http://dx.doi.org/10.1080/00396330412331343643.
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Huggan, P. "Health effects of war are devastating: pre-emptive conflict demands pre-emptive criticism by the medical profession." Internal Medicine Journal 37, no. 12 (2007): 839–40. http://dx.doi.org/10.1111/j.1445-5994.2007.01544.x.
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Griffiths, Paul D. "The first Gulf War and pre-emptive therapy for virology." Reviews in Medical Virology 26, no. 3 (2016): 144–45. http://dx.doi.org/10.1002/rmv.1882.
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Depoortere, Evelyn, and Francesco Checchi. "Pre-emptive war epidemiology: lessons from the Democratic Republic of Congo." Lancet 367, no. 9504 (2006): 7–9. http://dx.doi.org/10.1016/s0140-6736(06)67900-2.
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Kevin, Tony. "Australia's secret pre‐emptive war against Iraq, 18–20 March 2003." Australian Journal of International Affairs 58, no. 3 (2004): 318–36. http://dx.doi.org/10.1080/1035771042000260101.
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Evans, Bethan. "Anticipating fatness: childhood, affect and the pre-emptive âwar on obesityâ." Transactions of the Institute of British Geographers 35, no. 1 (2010): 21–38. http://dx.doi.org/10.1111/j.1475-5661.2009.00363.x.
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Strehle, Stephen. "Saddam Hussein, Islam, and Just War Theory: The Case for a Pre-emptive Strike." Political Theology 5, no. 1 (2004): 76–101. http://dx.doi.org/10.1558/poth.2004.5.1.76.
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Saxe-Fernández, John. "Guantánamo und die Imperiale Autokratie." PROKLA. Zeitschrift für kritische Sozialwissenschaft 36, no. 143 (2006): 223–32. http://dx.doi.org/10.32387/prokla.v36i143.559.
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The Guantánamo prison operation is interpreted as a testing ground for a “new legal system”, and is analyzed, in the context of the war on terrorism at home (through a régime d´exception formalized in the Patriot Act) and abroad (through the “doctrine of pre-emptive war”), unleashed after the attacks in September 2001. It is further argued that this is a recent and extreme manifestation of the historical propensity of the US Executive branch (the Imperial Presidency), to usurp legislative and judicial functions and powers.
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Lai, Sherman Xiaogang. "A War Within a War: The Road to the New Fourth Army Incident in January 1941." Journal of Chinese Military History 2, no. 1 (2013): 1–27. http://dx.doi.org/10.1163/22127453-12341249.
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Abstract The New Fourth Army (N4A) Incident is the name given to the destruction by the Chinese Nationalist government of the headquarters of the N4A, one of the two legal armies under the command of the Chinese Communist Party (CCP) during the Sino-Japanese War, in southern Anhui province in January 1941, together with the killing of about nine thousand CCP soldiers. It was the largest and the last armed conflict between the Nationalists and the CCP during the Sino-Japanese War (1937-1945). This article argues that this tragedy came from Joseph Stalin’s paranoia toward the West and Mao’s resulting limited pre-emptive offensives against the Nationalist government, as well as their misreading of Chiang Kai-shek during 1939-1940.
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PIIRIMÄE, PÄRTEL. "JUST WAR IN THEORY AND PRACTICE: THE LEGITIMATION OF SWEDISH INTERVENTION IN THE THIRTY YEARS WAR." Historical Journal 45, no. 3 (2002): 499–523. http://dx.doi.org/10.1017/s0018246x02002522.
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This article attempts to establish a connection between the practical legitimation of war and the theories of international law, examining Sweden's efforts to justify her intervention in the Thirty Years War in 1630. Swedish argumentative strategy is analysed in the light of two major traditions of thinking about war: theological and humanist ‘just war’ traditions. The article argues that Swedish leaders did not appeal to the more belligerent humanist arguments which would have enabled them to describe their campaign as a just war either on the grounds of pre-emptive defence or humanitarian intervention. Instead, they tried to interpret it as being within the limits set by the more restrictive theological tradition. This strategy eventually forced them to relinquish attempts to present their intervention as a genuine war and to develop an argument of ‘police-action’, even though it resulted in a loss of credibility. The case study suggests that in the early seventeenth century the prevailing normative language of just war was that of the theologians.
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Castro, Fidel. "The War on the Dark Corners of the World: Resisting the Doctrine of Pre-emptive Strike." Black Scholar 33, no. 1 (2003): 56–57. http://dx.doi.org/10.1080/00064246.2003.11413205.
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محمد, د. علي عبد الخضر. "The strategy of preventive war In US National Security Documents (2002-2006)." مجلة العلوم السياسية, no. 53 (February 20, 2019): 163–79. http://dx.doi.org/10.30907/jj.v0i53.89.
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The adoption of the concept of preventive war in any country especially in a country like the United States result in a lot of serious consequences, so that pre-emptive military action may alter certain regional arrangements based on the basis of political and security balance, and reduce the incidence of tensions that may worsen a sudden during the application of preventive war, so the concept is applicable to be a risk much more when you face the reality and that because the issues more importantly, it should prepare a detailed and careful study of the post –stage of the use of preventive military action and this requires realy no papers insist or documents discuss this but accurate this field study of the situation thereafter.
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Bevan, Alexandra Louise. "Designed for Threat: Surveillance, Mass Shootings, and Pre-emptive Design in School Architecture." Surveillance & Society 17, no. 3/4 (2019): 550–64. http://dx.doi.org/10.24908/ss.v17i3/4.7077.
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Contemporary political discourse around security, immigration, and terrorist threat manifests in two trends in educational architectural: the fortress school and surveilled flow. The fortress grows out of the urban-renewal movement of the post-World War II era, particularly on American university campuses. This architecture pre-empts threat by clamping down and fortifying its peripheral walls while controlling, surveilling, and limiting the number of entrances. Lockdown procedures, encouraging surveillance among citizens, metal detectors, increased police presences, and data-mining are all tactics at the fortress’ disposal. The alternative, much newer approach pre-empts threat by surveilling flow; that is, inviting people inside the structure and encouraging traffic while relying on more remote and less obvious tactics for detecting undesirables, such as closed-circuit television (CCTV), data-mining, and, like the fortress model, encouraging peer surveillance. Surveilled flow maintains the gesture of openness; however, this is mainly aesthetic, as other methods of intrusive policing take place at less-visible levels. At the heart of both of these articulations of pre-emptive threat culture is the digital-age anxiety about the alignment and possible misalignment between visual and information-based citizen profiles: Does the student or visitor appear to be a threat? Does his or her online behavior indicate potential threat? The profusion of information in the digital age meets this more primal desire to commensurate the appearance of risk with other forms of information-based evidence of threat. Digital-era concerns about how to interpret a wealth of information at various institutional and cultural levels pervade the riskscape in the developed world, and educational architecture is but one manifestation.
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Unruh, Jon D. "Evidencing the restitution landscape: Pre-emptive and advance techniques for war-torn land and property rights reacquisition." Land Use Policy 38 (May 2014): 111–22. http://dx.doi.org/10.1016/j.landusepol.2013.10.022.
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Shell, Susan Meld. "Kant on Just War and ‘Unjust Enemies’: Reflections on a ‘Pleonasm’." Kantian Review 10 (January 2005): 82–111. http://dx.doi.org/10.1017/s1369415400002144.
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The following remarks are intended to help clarify Kant's position on international right and, specifically, the so-called ‘right of war’. They are part of a more general study of Kant's politics; but I also make them here in the hope that Kant's view of international law (or right) can furnish us with some much-needed practical help and guidance. More specifically, I will try to show that Kant is less averse to the use of force, including resort to pre-emptive war, and far more attuned to possibilities for political catastrophe, than he is often taken to be. A greater appreciation for Kant's actual position can, I hope, make a small contribution toward mending the growing rift between so-called ‘Kantians’ who underrate the need for force, and self-styled ‘Hobbesians’ who underestimate the power of moral principle.
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Mral, Brigitte. "The Rhetorical State of Alert before the Iraq War 2003." Nordicom Review 27, no. 1 (2006): 45–62. http://dx.doi.org/10.1515/nor-2017-0218.
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Abstract Initiating an attack on another country is always a questionable venture, whether one chooses to call it war or prefers euphemisms such as conflict, incident, action or peacecreating measures. This study examines how the arguments were developed prior to the military actions in Iraq 2003. The events have been presented in vague and often distorted value terms and metaphors where war becomes peace, attacks becomes ‘pre-emptive defence’, military invasion becomes ‘change of regime’, occupation becomes ‘humanitarian intervention’.This study provides a diachronic survey of the chain of events from rhetorical perspectives, as well as a synchronic analysis of recurring rhetorical themes - especially of vague concepts and metaphors. Manipulation and lies has of course always been a basic ingredient of warfare. The question is what approach democratic societies should take in relation to self-evidently deceptive influencing of public opinion; to manipulative rhetoric and destructive propaganda.
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Kumar, Rajeesh. "Iraq War 2003 and the Issue of Pre-emptive and Preventive Self-defence: Implications for the United Nations." India Quarterly: A Journal of International Affairs 70, no. 2 (2014): 123–37. http://dx.doi.org/10.1177/0974928414524649.
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Rezac, David. "President Bush's Security Strategy and Its "Pre-Emptive Strikes Doctrine" ― A Legal Basis for the War against Iraq ?" Austrian Review of International and European Law Online 7, no. 1 (2004): 223–41. http://dx.doi.org/10.1163/157365102x00073.
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Colăcel, Onoriu. "Self-Censorship (of the Pre-Emptive Kind): English-written Discourses as a Lens into Romanian Self-Identification." Caietele Echinox 39 (December 1, 2020): 105–26. http://dx.doi.org/10.24193/cechinox.2020.39.08.
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"In the aftermath of the Great War, the view of the English-speaking world on the Balkans posed a challenge to Romanian self-identification patterns. English-language memoirs by US servicemen and that of Marie, Queen of Romania, capture the spirit of the times. They spell out, on the one hand, the conviction that the Romanian kingdom was part and parcel of a new, thoroughly Balkanized Europe, and demonstrate, on the other hand, how the path forward for a new-found home country can be shaped. Their stories feature the Romanians as yet another imagined community in the making, a nation whose identity is otherized as a marginal offshoot of emerging national traditions in the Balkans. In the process, they reveal productive censorship and selfcensorship on a discursive scale commonly seen in colonial matrices of power."
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Seri, Guillermina, and Mary Rose Kubal. "How Policy Fields Are Born: The Rise of Democratic Security in Argentina." Journal of Latin American Studies 51, no. 1 (2018): 137–61. http://dx.doi.org/10.1017/s0022216x18000354.
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AbstractThis essay maps the transformation of security from a symbol of authoritarian government under the Cold War paradigm of National Security into a public good and a policy field acknowledged as legitimate and democratic by politicians and policy experts. Using present-day Argentina as an example, we show how security ideas gain dominance across the political spectrum, displacing and subordinating democratic politics conceived in terms of rights. As institutions increasingly accept security measures and pre-emptive risk management, a securitising discourse – despite its claims to advocate for the ‘citizen’ – trumps governance and the rule of law. Appealing to citizens’ concerns and rights, the new forms of securitisation may yet undermine democratic life.
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الحديد, طلعت, та بريز يونس. "مظاهر استخدام القوة في الحرب الاستباقية". Al-Kitab Journal for Human Sciences 2, № 3 (2020): 5–20. http://dx.doi.org/10.32441/kjhs.02.03.p1.
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The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the .second is about the role of the United Nations in such wars
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Cavallar, Georg. "Commentary on Susan Meld Shell's ‘Kant on Just War and “Unjust Enemies”: Reflections on a “Pleonasm“’." Kantian Review 11 (March 2006): 117–24. http://dx.doi.org/10.1017/s1369415400002272.
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In her essay (in Kantian Review 10 (2005), 82–111), Shell wants to demonstrate that 1. Kant's theory of the right of nations ‘can furnish us with some much needed practical help and guidance’, and 2. ‘Kant is less averse to the use of force, including resort to pre-emptive war… than he is often taken to be’ (p. 82). The first claim is unconvincing. The second one is in need of clarification. Shell turns Kant into a kind of realist and just-war theorist, into a liberal who is prejudiced against illiberal regimes. In the end, her Kant is closer to Locke, Vattel and other early liberal international lawyers than to himself. Almost all that is unique in Kant's theory of the right of nations gets lost. In this, Shell follows a general trend among some Kant interpreters: the interpretation is only loosely based on Kant; it claims to follow his ‘spirit’ and offers creative ‘Kantian perspectives’. Amidst interpretational creativity, Kant's texts more or less disappear in the mist.
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CHOJNACKI, Włodzimierz. "FUTURE CYBERSPACE WAR AND ITS IMPACT ON POLISH ARMED FORCES." Scientific Journal of the Military University of Land Forces 163, no. 1 (2012): 53–61. http://dx.doi.org/10.5604/01.3001.0002.3228.
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In this article, an attempt is made to create new concepts, definitions as well as the levels and security pillars due to which it is possible to better explain the importance of threats resulting from cyberterrorism in various dimensions. The groundwork for my considerations is to include the quantitative and qualitative results from the comparative studies conducted both in the sphere of cyber war theory and its implementation. Moreover, the analysis of many special documents and professional literature is closely related to the advance of sophisticated information technology and its application in achieving political, economic and military purposes. The knowledge collected this way enabled the author to describe, explain and elaborate on the outline of changes in strategic concepts, legal acts as well as the procedures indispensable for pre-emptive actions connected with waging cyber war. In the opinion of the author, knowledge created this way will be mainly of future character. A hypothesis is proposed that a contemporary researcher should be a futurist possessing interdisciplinary knowledge and long-term experience on waging cyber war and thinking in the analytical and innovative way. A good example is a terrorist attack of 9/11, which dramatically enlarged our imagination and perception of the risk and threat even on the part of minor terrorist groups asymmetrically operating in the non-conventional way.
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SUTCH, PETER. "International justice and the reform of global governance: a reconsideration of Michael Walzer's international political theory." Review of International Studies 35, no. 3 (2009): 513–30. http://dx.doi.org/10.1017/s0260210509008638.
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AbstractWalzer has recently updated his just war theory to take account of terrorism, humanitarian military intervention and new interpretations of the doctrine of self-defence, pre-emptive and preventative warfare The ethical considerations that underwrite Walzer's most recent work invite us beyond the routine citation of his work to a proper consideration of the moral parameters of international politics. Beyond Just and Unjust Wars Walzer has a wealth of insight into the key questions of international theory. His work on toleration, the nature of universality or on the role of social criticism has always been the basis of his insight in to the hard questions of international ethics. Despite being heavily criticised for being communitarian or conservative (both charges that need serious re-evaluation) Walzer's ideas offer a real alternative to the dominant neo-Kantian cosmopolitan tradition and a workable ethical framework for thinking about the challenges of contemporary international politics and international law. Nowhere is this more apparent than in the final essay of Arguing About War. The essay, entitled ‘Governing the Globe’ offers a radical vision of a reformed international society inspired by the principles that underpin Walzer's development of his just war theory and it is vital that we take notice.
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Mahmood, Amna, Tatheer Zahra Sherazi, and Wajeeh Shahrukh. "Unilateral vs. multilateral approaches in US foreign policy: A case study of Iraq and Afghanistan war." Journal of Humanities, Social and Management Sciences (JHSMS) 2, no. 1 (2021): 1–9. http://dx.doi.org/10.47264/idea.jhsms/2.1.1.
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During US war on terror in Iraq and Afghanistan, the Bush administration vindicated its pre-emptive military strikes against Iraq and Afghanistan on the grounds of national security. The strike was carried out under the Bush administration’s National Security Strategy which asserts the right of the U.S to take unilateral military action against rogue states and terrorist organizations in order to prevent or to reduce an assumed attack by such groups or organizations against the United States. However, the action by the administration has been widely criticized as not being in conformity with international law, and United Nations’ Security Council resolutions. It has been investigated in this research paper that the hidden motive behind the attacks on these two countries was not merely the elimination of the terrorist groups and to stop their activities and to destroy the weapons of mass destruction but to capture the oil, gas, and other natural resources in order to sustain the fastest growing economy of the US and western countries. The present study will present a comparative analysis of the two approaches; unilateral and multilateral which were incorporated in U.S foreign policy with the special reference of Iraq and Afghanistan war.
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Smith, Nicholas Ross, and Ruairidh J. Brown. "Neither a New Cold War nor a New Peloponnesian War: The Emerging Cyber-narrative Competition at the Heart of Sino-American Relations." Vestnik RUDN. International Relations 21, no. 2 (2021): 252–64. http://dx.doi.org/10.22363/2313-0660-2021-21-2-252-264.
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There is much pessimism as to the current state of Sino-American relations, especially since the onset of the COVID-19 pandemic in January 2020. Such pessimism has led to some scholars and commentators asserting that the Sino-American relationship is on the cusp of either a new Cold War or, even more alarmingly, something akin to the Peloponnesian War (via a Thucydides Trap) whereby the United States might take pre-emptive measures against China. This article rejects such analogizing and argues that, due to important technological advancements found at the intersection of the digital and fourth industrial revolutions, most of the real competition in the relationship is now occurring in cyberspace, especially with regards to the aim of asserting narratives of truth. Two key narrative battlegrounds that have raged since the onset of the COVID-19 pandemic are examined: where was the origin of the COVID-19 pandemic? and who has had the most successful response to the COVID-19 pandemic?. This article shows that Sino-American competition in cyberspace over asserting their narratives of truth (related to the COVID-19 pandemic) is fierce and unhinged. Part of what is driving this competition is the challenging domestic settings politicians and officials find themselves in both China and the United States, thus, the competing narratives being asserted by both sides are predominately for domestic audiences. However, given that cyberspace connects states with foreign publics more intimately, the international aspect of this competition is also important and could result in further damage to the already fragile Sino-American relationship. Yet, whether this competition will bleed into the real world is far from certain and, because of this, doomsaying via historical analogies should be avoided.
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Thomas, John. "Just War Doctrine – Relic or Relevant?" Russian Journal of Philosophical Sciences 63, no. 11 (2021): 7–38. http://dx.doi.org/10.30727/0235-1188-2020-63-11-7-38.
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In the article, I examine the relevance of Just War Doctrine to contemporary conflicts. Just War Doctrine, which grew out of Western Christian thinking, presupposes that evil might be confronted with force, if there is no alternative way to restore a just order. But modern trends call into question the certainty and universality of this doctrine. On the one hand, ideas of moral relativism and comparative justice have become more widespread, potentially undermining the use of the notions “just” and “justified” in relation to military conflicts. On the other hand, the nature of war is changing, as warfare is no longer only kinetic in character. I offer examples of how the evolving character of warfare challenges the traditional understanding of Just War Doctrine. For example, there is the growing threat of cyber warfare, but the ethical criteria for its use are not defined. In relation to Just War Doctrine, questions of whether and when pre-emptive cyber attack is permissible arise, what should constitute legitimate targets of cyber warfare and to what degree collateral damage could be acceptable. Another challenge to the traditional understanding of Just of War Doctrine was the putative doctrine of humanitarian intervention. Prima facie, humanitarian interventions do not comply with ius ad bellum criteria of Just War Doctrine, because of the absence of a direct military threat to the intervening state. The justification of humanitarian intervention is based on the assertion of an intolerable violation of accepted values. The weakness of such approach, as discussed in the article, is that it implicitly assumes that one protagonist’s values are superior to others. A further example of emerging challenges to Just War Doctrine is the phenomenon of hybrid war, a term used to describe a type of conflict that is multi-faceted and in which kinetic warfare is not dominant. The orchestration of several strands of conflict, each designed to be below the threshold to provoke a military response, exploits the absence of legal and ethical norms regulating such activity. I conclude the article by suggesting that, firstly, for Just War Doctrine to remain relevant, it should be expanded to include harms caused by non-kinetic actions, and, secondly, the distinctions between the states of war and peace should be redefined to reflect the changing character of war more accurately.
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Fenwick, Helen, and Gavin Phillipson. "Covert Derogations and Judicial Deference: Redefining Liberty and Due Process Rights in Counterterrorism Law and Beyond." McGill Law Journal 56, no. 4 (2011): 863–918. http://dx.doi.org/10.7202/1005848ar.
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This article considers the use of control orders in the United Kingdom as an example of one of the most important legal aspects of the “war on terror”: the development, alongside the criminal justice approach, of a pre-emptive system. It argues that in relation to such orders the executive has in effect sought to redefine key human rights in a manner that, at its most extreme, amounts to covert derogation, and that both Parliament and the judiciary have been to an extent drawn into and made complicit in this process. It highlights key aspects of this story in order to illustrate some broader points about the role of judges, Parliament, and the rule of law in response to such exceptional measures. It argues that the attempted minimization of the ambit of rights, the spreading use of secret evidence, and the damaging constitutional impact of excessive judicial deference, are of great significance beyond UK counterterrorism law and can help illuminate both the opportunities and the dangers in constitutional dialogue.
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Carlton, Bree, and Jude McCulloch. "R v Benbrika and ors (Ruling No 20): The ‘War on Terror’, Human Rights and the Pre-emptive Punishment of Terror Suspects in High-Security." Current Issues in Criminal Justice 20, no. 2 (2008): 287–92. http://dx.doi.org/10.1080/10345329.2008.12035809.
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Sturge, Kate. "Censorship of Translated Fiction in Nazi Germany." TTR : traduction, terminologie, rédaction 15, no. 2 (2004): 153–69. http://dx.doi.org/10.7202/007482ar.
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Abstract This paper outlines the processes of censorship affecting translation under Nazi rule. Despite a markedly suspicious attitude towards translated fiction, the Nazi regime did not simply eliminate it. In fact, far from collapsing in 1933, the publication of translated fiction actually increased, both in absolute terms and as a proportion of all fiction, until the outbreak of war. However, if in purely quantitative terms translation flourished, the figures mask deep qualitative shifts: Jewish or anti-Nazi authors, translators and publishers disappeared; safe-selling genres came to dominate the market; and source-language preferences changed. These shifts were clearly the outcome of aggressive state measures, both classic “negative” censorship—the banning of literary producers and products or the imposition of “voluntary” self-regulation—and the energetic promotion of approved forms of translation. At the same time, more detailed study suggests that even for non-approved forms, the influence of state control was not always so clear-cut. In the case of the translated detective fiction of the time, censorship in translation was an amalgam of state intervention, pre-emptive filtering, selective readings of the source genre’s ambivalences, and the “normal” pressures of the book market. Even in this totalitarian context of extreme literary control, it remains difficult to define the borders of “translation censorship” as such.
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Kaw, Mushtaq A. "Transcending Multilateral Conflicts in Eurasia: Some Sustainable Peaceful Alternatives." Comparative Islamic Studies 7, no. 1-2 (2012): 349–81. http://dx.doi.org/10.1558/cis.v7i1-2.349.
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In this article I argue that notwithstanding intermittent conflicts and wars among the nomadic and sedentary peoples since early times, the Asian and Middle Eastern region has been characteristic of relative peace and prosperity. This region has been known for the boom in energy trade, globalization and amalgamation of local, national and global economies during the post-Cold War era. I show how, at least in part, the gradual improvement in the indicators of social sustainability, human security and economic growth, was the natural concomitant of the historical position of this region. Yet, speedy progress in the region, this article shows, is impeded by divergent geo-political, geo-economic and geo-strategic agendas of the regional and global powers; these find manifestation in the conflicts in Middle East, Caucasia, Afghanistan, Indian Kashmir, Chinese part of Turkistan (Xinjiang) etc. The conflicts are diverse in nature, time and space, and are pre-emptive of enormous malice, hatred and heart burning among the contending parties. To downs-size one another, they perpetually build military capability and enhance defense expenditure, in hundreds of thousands of US dollars at the cost of public works, human security and precious national resources. I conclude that the conflicts can be overcome through peaceful means rather than use of force. Several alternatives are warranted for the purpose: (i) engagement of conflicting parties in composite dialogue for generational sustainability, (ii) promotion of regional and economic integration while marginalizing ethno-national, ethno-geographic, ethno-religious and ethno-sectarian disputes, (iii) revival of the region’s rich tradition of multiculturalism and human co-existence, and (iv) glorification of peace message in Christianity, Hinduism, Islam and other religions. The objective is simply making history relevant to the contemporary society, and bolstering peace efforts of the nations, philanthropists and civil society in an otherwise war-torn and conflict-ridden Asian and Middle Eastern space.
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SULLIVAN, GAVIN, and MARIEKE DE GOEDE. "Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise." Leiden Journal of International Law 26, no. 4 (2013): 833–54. http://dx.doi.org/10.1017/s0922156513000435.
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AbstractSecurity measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are critically reliant on notions of legal threshold, they are largely dismissive of the potentially productive nature of legal contestation. This article inquires into the dynamic confrontation between law and exception in the context of the UN 1267 sanctions system, focusing on the Office of the Ombudsperson as an institutional experiment designed to remedy the fundamental rights deficiencies of the regime. Drawing on Agamben's analysis of the exception as a ‘hybrid space’ and Dyzenhaus's concept of the ‘legal grey hole’, our analysis of the Ombudsperson demonstrates the emergence of novel, hybrid procedures and evidentiary standards being deployed in the 1267 delisting process. First, we assess the Ombudsperson's logics of decision-making and argue that their appeals to fairness hinge on the production of a temporal chasm that legitimizes the deployment of intelligence material in listing cases. Second, we show that the Ombudsperson is in the process of carving out novel evidential standards that are more attentive to notions of inference and speculation than conventional standards of proof. These standards serve to fortify the use of sanctions as a pre-emptive security measure and do not, in principle, appear to exclude material that may be obtained by torture.
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David, Charles-Philippe, and Sébastien Barthe. "Les entrepreneurs de la prise de décision : l'exemple des politiques de sécurité nationale de l'administration G. W. Bush (2001–2004)." Canadian Journal of Political Science 46, no. 3 (2013): 549–74. http://dx.doi.org/10.1017/s0008423913000851.
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Résumé.Comment expliquer la politique de sécurité nationale américaine, notamment l'évolution de certaines décisions en matière de politique étrangère et de sécurité intérieure ? Quels acteurs et quels facteurs rendent compte des résultats pour le moins controversés de celles-ci ? Au-delà des discours, des institutions et des énoncés, les choix de sécurité ont été l'œuvre de ceux que nous surnommons les « entrepreneurs » de la prise de décision. La question à laquelle cet article veut répondre est précisément de savoir qui sont ces « entrepreneurs » et comment ils ont réalisé cet objectif de transformation des politiques de sécurité des États-Unis. Trois prises de décision de la première administration Bush sont abordées : la guerre préventive en Irak, la redéfinition légale de la notion de torture, et l'institutionnalisation plus grande de la sécurité intérieure.Abstract.How are we to explain U.S. foreign policy, particularly policymaking on national security and homeland security, under the first administration of G. W. Bush? Who were the actors and what were the factors that produced what were, to say the least, controversial results? Looking beyond the speeches, statements and institutions, the security decisions can be seen as the work of “policy entrepreneurs.” This article considers who those entrepreneurs were and how they achieved their goal of transforming U.S. security policy. Three decisions are discussed: the pre-emptive war in Iraq, the legal redefinition of torture by the Bush administration, and the institutionalization of homeland security, in particular thePatriot Act.
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Scholtz, W. "The changing rules of jus ad bellum : conflicts in Kosovo, Iraq and Afghanistan." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 130. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2853.
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This article focuses on three instances of the use of armed force in international relations. The three instances that are explored are the intervention by NATO in Kosovo, the armed attack by mainly the USA and the UK against Afghanistan and the war against Iraq in 2003. The purpose of this investigation is to examine the legality of the coercive measures in order to ascertain the effects that these actions had in relation to article 2(4) of the UN Charter. The proposed justifications for the attacks differ and these are carefully scrutinized against the jus ad bellum as to determine the legality of the attacks. The notion of humanitarian intervention was used as a ground for justification by various international scholars to explain the use of force in Kosovo, but this concept is not recognized in terms of international law. The attack on Afghanistan was based on article 51 of the UN Charter. The attacks were directed at Afghanistan as this state harboured the terrorists responsible for the attacks on the USA. The mere harbouring of terrorists does not give rise to the use of armed force on the basis of article 51 and as such the use of coercive measures against Afghanistan was illegal. The use of force in Iraq was mainly based on the doctrine of pre-emptive force which is alien to international law. The USA and its coalition partners also acted in contravention with the jus ad bellum in this regard. The author poses certain proposals in relation to the jus ad bellum and stresses the importance of article 2(4) which must ensure that international relations are not once more regulated by the use of armed force.
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Al-Kassimi, Khaled. "A “New Middle East” Following 9/11 and the “Arab Spring” of 2011?—(Neo)-Orientalist Imaginaries Rejuvenate the (Temporal) Inclusive Exclusion Character of Jus Gentium." Laws 10, no. 2 (2021): 29. http://dx.doi.org/10.3390/laws10020029.
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The resurgence of a deterministic mode of representation mythologizing Arabs as figuring (threatening) Saracen by judging their epistemological commitments as hostile to Enlightened reason-based ideals is demonstratively identifiable after 9/11, and more so following the Arab uprisings in 2011, when we notice that the Arab in general, and Muslim in particular, was historicized as the “new barbarian” from which (liberal-secular) Westphalian society must be defended. Such neo-Orientalist representations disseminate powerful discursive (symbolic) articulations (i.e., culture talk) —in tandem with the (re)formulation of legal concepts and doctrines situated in jus gentium (i.e., sovereignty, immanence, and pre-emptive defense strategy)—legally adjudicating a redemptive war ostensibly to “moralize” a profane Arabia. Proponents of neo-Orientalism define their philosophical theology as not simply incompatible with Arab epistemology (Ar. العربية المعرفة نظرية), but that Arab-Muslims are an irreconcilable threat to Latin-European philosophical theology, thus, accentuating that neo-Orientalism is constituted by an ontological insecurity constituting Arab-Islamic philosophical theology as placing secular modern logic under “siege” and threatening “civil society”. This legal-historical research, therefore, argues that neo-Orientalism not only necessitates figuring the Arab as Islamist for the ontological security of a “modern” liberal-secular mode of Being, but that such essentialist imaginary is a culturalist myth that is transformed into a legal difference which proceeds to argue the necessity of sanctioning a violent episode transforming a supposed lawless “Middle East” receptive to terror, into a lawful “New Middle East” receptive to reason. This sacrilegos process reveals the “inclusive exclusion” temporal ethos of (a positivist) jus gentium which entails maintaining a supposed unbridgeable cultural gap between a (universalized) sovereign Latin-European subject, and a (particularized) Arab object denied sovereignty for the coherence of Latin-European epistemology.
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BESENYO, JANOS. "REVIEW HOW SHOULD WARS BE FOUGHT? MILITARY STRATEGY VS POLITICAL DECISIONS." NOVA VLOGA OBOROŽENIH SIL KOT ODZIV NA ASIMETRIČNE GROŽNJE/THE NEW ROLE OF ARMED FORCES AS A RESPONSE TO ASYMMETRIC THREATS, VOLUME 2020, ISSUE 22/3 (September 30, 2020): 133–35. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.22.3.rr.
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An extremely interesting read can be had by any reader who buys Professor Donald Stoker’s most recent book Why America Loses Wars – Limited War and US Strategy from the Korean War to the Present (Cambridge: Cambridge University Press, 2019), which analyzes the wars and conflicts fought by the United States of America since the Korean War. After the provocative title of the book, the reader begins to read with some suspicion, as it does not fit into the image of the United States as the world's leading power, one which can persuade almost all the countries of the world to deal with it either in political or economic or military cooperation. This is why it is shocking to face how differently the leaders of American and Western countries think about war; in many cases they do not even know exactly what it means, and what the consequences of its outbreak and the fighting can be. In several conflicts it can be seen that in the world’s leading power, the political decision-makers thought in a completely different way in a given situation, often leading to conflicting decisions. This is not primarily due to political affiliation, but to the fact that the various actors involved in conflicts – politicians and soldiers – do not have a common vision of the goals and the results to be achieved or the strategies to be used. In many cases, it has led to unnecessary losses and wars that have gone on far longer than they needed to – see Iraq and Afghanistan. Policymakers are often unaware of the old wisdom of Carl von Clausewitz – often quoted by Stoker – formulated in his book On War, “War as Politics by other Means”. This assumes that politicians start a conflict with clear objectives, knowing exactly what results they want to achieve. In addition, they are aware that the success of a war, however short-term or limited, may be influenced by factors such as the geographical environment, economic background, logistical capabilities, social support, historical and cultural background, and so on. However, some of these factors may change during the conflict, so the objectives and strategies need to be reviewed from time to time and, if necessary, redesigned according to the realities of the time. Jordan Ellenberg took a similar view of these old truths in his book, How Not to Be Wrong: The Power of Mathematical Thinking; he said “Countries don’t win wars just being braver than the other side, or freer, or slightly preferred by God. The winners are usually the guys who get 5% fewer of their planes shot down, or use 5% less fuel, or get 5% more nutrition into their infantry at 95% of the cost. That’s not the stuff war movies are made of, but it’s the stuff wars are made of. And there’s math every step of the way” . Even so, these things are constantly forgotten by most political decision-makers who lead their countries into endless wars, the consequences of which are suffered by the soldiers fighting the battles and the civilian population in the areas affected. Therefore, Stoker can rightly hold these decision-makers accountable for their lack of the proper application of strategic thinking. This is particularly important in view of the fact that the period of “limited war” which has characterized the last two decades is coming to an end, and the US may face increasingly equal opponents like China or Russia. The conflict against them is expected to be conventional, for which the American political and military leadership, accustomed to anti-insurgency operations and rapid success, is unlikely to be properly prepared. From this point of view, the book could even act as an alarm bell, so that leaders can begin preparations for the later period, although the author did not suggest how what he had articulated could be put into practice. One of the major strengths of the book is that it clarifies commonly used political and military concepts such as unilateralism, multilateralism, types of political objective, strategy, tactics, objectives, operations, pre-emptive and preventive war, gray zone war, limited war, little war, nested war, victory and peace. The other serious strength of the book is that it almost fanatically emphasizes the need for more active, effective dialogue and cooperation between the political and military sides, as a result of which interpretation problems between different groups and actors can be significantly reduced and cooperation can be improved. It was particularly interesting to me that the author presented several political and military events – not only from American but also from international environments – and the decision-making processes leading to them and their background, which many historians and military historians are not fully aware of. In addition to describing historical events, the author lists a large number of military and political strategists, such as Sun Tzu, Carl von Clausewitz, or Bernard Brodie (better known in the United States), and others, and he also outlines their thoughts – even if he disagrees with some of them – which in some way still have an impact on warfare to this day. However, in addition to the many positives, I missed the fact that although the author presented almost every American conflict in recent decades, he only talked about the US “getting into endless wars”, and not how on several occasions the war – as in Grenada, Panama, or the Balkans – also achieved its goal. Here, perhaps, it would have been worthwhile to take a closer look at what these successes were due to and to draw conclusions from them. However, this does not detract from the value of the book. I especially liked that Stoker stayed true to his university teaching past and built his book in a way that even those who are less familiar with the subject could profit from. This is aided by clear explanations and extensive discussions of the various concepts. This helps readers from different backgrounds get a unified picture of how political decision-making takes place, what a war is, how to fight it and, most importantly, how to finish it, what the different actors think about it, and the differences in the way of thinking of politicians and soldiers involved in war. On the other hand, it could also be extremely useful to political and strategic decision-makers, who often make decisions that have a very serious impact with minimal knowledge and a lack of adequate background information. As a veteran of 31 years as a professional soldier, one who began his career as a sergeant in the troops and finished as a colonel on the General Staff, I fully agree with the author's book, which should be read not only by American but all other countries' political and military leaders, as a kind of basic strategic course material to know how to make informed decisions on military issues, how to communicate successfully and intelligibly between political decision-making and the military communities implementing them, and what the consequences of the decisions they make may be.
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Castel, J. G. "The Legality and Legitimacy of Unilateral Armed Intervention in an Age of Terror, Neo-Imperialism, and Massive Violations of Human Rights: Is International Law Evolving in the Right Direction?" Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 3–33. http://dx.doi.org/10.1017/s0069005800008481.
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SummaryWith the end of the Cold War, the United States has emerged as the sole remaining superpower whose ambition is to create a new open and integrated world order based on principks of democratic capitalism. To ensure its hegemony, the United States is prepared to resort to military action with or without UN approval when its international and national security interests are at stake. The intervention in Iraq by the Coalition of the Willing is a good example of this policy and raises the question of its legality and legitimacy under contemporary international law. May or must a state resort to military intervention against a state sponsoring terrorism or depriving its nationals of their internationally recognized human rights? The so-called “Bush doctrine” of anticipatory or preventive self-defence against a state accused of supplying weapons of mass destruction to a foreign terrorist organization, which was one of the reasons advanced by the Coalition of the Willing for intervening in Iraq, meets neither the conditions laid out in Article 51 of the UN Charter nor those of customary international law. Thus, at the present stage of development of international law, the Bush doctrine is not even lege ferenda. It is not an extension of the customary international law right of pre-emptive self-defence. Only with the approval of the Security Council pursuant to Chapter VII of the UN Charter or when it takes place within the strict confines of self-defence, can armed intervention be legitimate.The second reason for intervening in Iraq given by the Coalition of the Willing is based on humanitarian considerations, which raises the question whether the protection of human rights can be assured from the outside. Here, international law is evolving in the right direction since the international community is prepared to adopt the concept of responsibility to protect, which justifies the use of force to protect and enforce human rights as an exception to Article 2(4) and (7) of the UN Charter. Again, such intervention is legal only when approved by the Security Council acting pursuant to Chapter VII on the ground that human right crises do not fall “essentially within the jurisdiction of any state.” However, the international community, with the exception of the Coalition of the Willing, is not yet prepared to support a right of unilateral military intervention as a last resort when the Security Council is incapable and unwilling to do so. This includes intervention motivated by the non-democratic form of government of the targeted state. Although the primary responsibility to deal with human right crises rests with the United Nations based on the responsibility to protect, it is argued that one should not rule out unilateral military action based on a customary international law right of intervention to meet the gravity and urgency of the situation provided the intervening state fully observes the necessary precautionary principles governing such type of intervention. The conclusion is that terrorism and human rights abuses can only be effectively challenged through a concerted multilateral collective approach not through the politics of unilateralism.
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Masters, Roger D. "Pre-Emptive War, Iraq, and Suicide Bombers." Forum 1, no. 2 (2002). http://dx.doi.org/10.2202/1540-8884.1008.
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Toaldo, Mattia. "The Reagan Administration and the Origins of the War on Terror: Lebanon and Libya as Case Studies." New Middle Eastern Studies 2 (April 4, 2012). http://dx.doi.org/10.29311/nmes.v2i0.2628.
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This article uses recently declassified records to analyze the American intervention in Lebanon between 1982 and 1984 and the confrontation with Libya between 1981 and 1986. In both cases, the US responded to a terrorist attack with military force. Especially after the attacks in Lebanon, members of the administration started to elaborate a comprehensive strategy to fight terrorism which focused on pre-emptive strikes against states deemed to be supporters of terrorism. The strike on Libya in April 1986 was the first implementation of this strategy and, furthermore, regime change had been attempted both before and after this strike. The article argues that the policy of the Reagan administration in the fight against terrorism was a combination of two factors: the global Cold War mindset and the first elaboration of concepts that would later become part of the Bush administration’s War on Terror. Rather than being the beginning of the War on Terror, however, Reagan’s policy should be considered as a source of inspiration for it, albeit one that was deeply influenced by the bipolar confrontation with the Soviet Union.
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Young, Terry, and Peggy Crawford. "Hands Across The Atlantic?" International Business & Economics Research Journal (IBER) 3, no. 1 (2011). http://dx.doi.org/10.19030/iber.v3i1.3657.
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The war in Iraq created a division between the United States and some members of the European Union. The war also split the EU, with France and Germany leading the anti-war camp and Britain, Italy, Portugal, and Spain supporting Washington. With organized warfare over, the United States has shifted its attention from the military campaign to the installation of a legitimate and stable government in Iraq. However, the administration of post-war Iraq has caused the division between the US and Europe to widen.The multilateralists, France and Germany, are demanding a central role for the UN in rebuilding Iraq. France, in particular, believes that the task should be left to the UN alone. They suggest this would help legitimize what they consider to be an illegal war. On the other hand, the US, which accepted a great burden with the pre-emptive attack on Iraq, wants the UN to have a vital but limited role in post-war Iraq. The US believes that the UN needs serious repair before any responsibilities can be handed to it.This study examines the economic, political, and security implications of the division between these old allies. The relationship between the US and EU is based on years of cooperation. Both sides know that they must mend fences sooner rather than later. We contend that pragmatism will triumph over geo-politics.
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Monaghan, Jeffrey. "Performing counter-terrorism: Police newsmaking and the dramaturgy of security." Crime, Media, Culture: An International Journal, October 21, 2020, 174165902096637. http://dx.doi.org/10.1177/1741659020966370.
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Expansive domains of counter-terrorism policing remain buffered from popular visibility, and police organizations remain primary definers of security threats and the police work involved in controlling these threats. Examining the interface between police image work and the continued intensification of the “war on terror,” this article details how police agencies stage police raids, arrests, and press conferences in efforts to frame terrorism narratives in Canada; a police dramaturgy that shapes how the public consumes news about the threat of Islamic terrorism and the pre-crime interventionism of policing and security agencies. To examine these police newsmaking practices, two approaches are utilized: first by detailing experiences of defence lawyers who have worked on high-profile cases, then through an analysis of declassified documents related to the preparation and roll-out of a high profile national press conference to narrate the interdiction and killing of prospective terrorist Aaron Driver. Contributing to debates on police image work and contemporary debates around police power, this article demonstrates how policing agencies curate the image of counter-terrorism through newsmaking practices that exaggerate the threat of terrorism, shape the public imaginary around the threat of Islam, refurbish the role of police as symbolic guardians against evil, and aim to reproduce securitarian politics that advocate for more pre-emptive and surveillance powers.
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Khandekar, Rajendra P. "Twelve Choices: A Framework For Interpersonal Process And Strategy." Journal of Business & Economics Research (JBER) 3, no. 1 (2011). http://dx.doi.org/10.19030/jber.v3i1.2737.
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<p class="MsoNormal" style="text-align: justify; margin: 0in 0.5in 0pt;"><span style="font-family: Times New Roman; font-size: x-small;">The Twelve Choices framework integrates theories by William Schutz and W.R. Bion to offer a way to visualize our choices of emotive overtones in relating to others.<span style="mso-spacerun: yes;"> </span>Every interpersonal behavior can have one or both of a task component and an emotive component.<span style="mso-spacerun: yes;"> </span>The emotive overtones in interpersonal behavior can be categorized on four dimensions, with two extremes and a midpoint on each dimension resulting in twelve major labels for emotive overtones.<span style="mso-spacerun: yes;"> </span>The four emotive dimensions are Control, Affection, Aggression, and Flight.<span style="mso-spacerun: yes;"> </span>Control dimension has “Pre-emptive (or controlling)” behaviors at one extreme, “Interdependence” in the middle, and “Dependence (or submissive / compliant)”at the other extreme.<span style="mso-spacerun: yes;"> </span>Affection dimension has “Love” at one extreme, “Empathy” in the middle, and “Apathy” at the other extreme. Aggression dimension has “Aggression towards the other” at one extreme, “Confrontation” in the middle, and “Self-flagellation” at the other extreme.<span style="mso-spacerun: yes;"> </span>Flight dimension has “Escape” at one extreme, “Humor” in the middle, and “Withdrawal” at the other extreme.<span style="mso-spacerun: yes;"> </span>Managers may utilize this framework to understand their own and others’ patterns of emotive responses, and to learn about the impact of individual and interpersonal behaviors on group dynamics, and to visualize their options for interpersonal behavior.</span></p>