Suchergebnisse

Part of a symposium on David Rodin's War and Self-Defense (New York: Oxford U Press, 2003) argues the despite some laudable achievements, his rejection of a plausible version of national self-defense fails. His conclusions ultimately do not hold up because of two transitions in his arguments: the move from individual to national self-defense & from the absence of world government to the illegitimacy of self-help. Focus is on liberal arguments for self-defense, whereby self-defense is the protection of vital rights or interests of individuals. Asserting that Rodin is right in rebuffing efforts to reduce self-defense to a collection of individual rights of self-defense, it is suggested that permissibility to kill in a defensive war can be rooted in a richer form of liberalism that he overlooked: self-defense wars are carried out by governments as agents of the citizens. Rodin's two reasons for rejecting the liberal view -- that it is wrong to consider humanitarian intervention & self-defense as having the same underlying rationale & use of force against a bloodless invasion is not warranted -- are countered. While Rodin sees that much of what is deemed self-defense is really law enforcement, he fails to connect the idea to the international system, which, although regulated by laws, lacks a superior authority to enforce them. Rodin asserts that under these circumstances, self-help is never justified, which is seen here as implausible. Further, Rodin's notion of proportionality means a state is not justified to defend against an invader looking to destroy the political system as opposed to the peoples; this is patently rejected. It is concluded that Rodin takes the analogy between individual & national self-defense too seriously. J. Zendejas

In War and Self-Defense David Rodin uncovers many flaws of current thinking about war. Rodin correctly points out that the justification of national self-defense goes beyond the justification of individual self-defense. He accurately rejects the standard notion of moral symmetry—the accepted view that both just and unjust warriors can permissibly kill enemies as long as they observe the laws of war. Rodin vindicates the right view: if a war is unjust, each and every injury caused by the unjust warrior is a criminal act. There are no morally justified killings by those who fight unjust wars. Further, Rodin rightly rejects various holistic theories of self-defense. Last but not least, he correctly denounces what I have called the Hegelian Myth, the idea that tyrannical governments are worth defending against interventions aimed at deposing them because they are protected by the principle of sovereignty.

In 2002 the US expanded Article 51 of the UN Charter to include the right of self-defense to prevent hostile attacks. In light of the changing security imperatives, the adequacy of international law on self-defense is examined, citing the 183 Caroline Case and Nicaragua vs. USA. Preemptive self-defense is assumed in customary international law, but the UN Charter excluded it as destabilizing. The line between preemptory and responsive is a matter of interpretation, and action may be so preemptory as to not be self-defense but preventive war. It is argued that alternatives to Article 51 have not yet been devised and that the Article already provides sufficiently flexible guidance for new threats and challenges like Al-Qaeda. Self-defense against non-state actors and new technologies are discussed.

The "Caroline" incident – an 1837 raid by British Canadian militia across the Niagara River border to sink an American steamboat being used by Canadian insurgents – is well-known to many international lawyers. United States Secretary of State Daniel Webster's resulting correspondence with British representative Lord Ashburton is often cited today as a key authority on customary international self-defense standards. University of Ottawa professor Craig Forcese has produced a valuable new history and analysis of that event, its legal context, and its continuing influence: "Destroying the Caroline: The Frontier Raid that Reshaped the Right to War." As explained in this review, the book corrects some misunderstandings about the incident and shows its continuing relevance to contemporary international legal debates about military force. It also helps in understanding this period of U.S. foreign relations law, especially with regard to powers of war and peace.