Canada and the use of force: Reclaiming human security

International Journal

Volumn 59, Issue 2, 2004, Pages 247-260

  Brunnée, Jutta ^a   Toope, Stephen J ^b,c  

^a UNIVERSITY OF TORONTO   (Canada)

^b Pierre Elliott Trudeau Foundation   (United States)

^c MCGILL UNIVERSITY   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 3142694008     PISSN: 00207020     EISSN: None     Source Type: Journal    
DOI: 10.1177/002070200405900201     Document Type: Review

References (57)

1. Samuel P. Huntington, "The Clash of Civilisations?" Foreign Affairs 72, no. 3 (Summer 1993): 22.
2. See Dominique Mosi, "Whither the West," Foreign Affairs 82, no. 6 (November/December 2003): 67, which argues that November 9, 1989, the fall of the Berlin Wall, marked the end of the "old West," and the beginning of a dissonance between European and American interests; Jed Rubenfeld, "The Two World Orders," Wilson Quarterly (Autumn 2003): 22, which argues that two fundamentally different understandings of the International legal order are espoused by Europeans and Americans respectively.
3. See Dominique Mosi, "Whither the West," Foreign Affairs 82, no. 6 (November/December 2003): 67, which argues that November 9, 1989, the fall of the Berlin Wall, marked the end of the "old West," and the beginning of a dissonance between European and American interests; Jed Rubenfeld, "The Two World Orders," Wilson Quarterly (Autumn 2003): 22, which argues that two fundamentally different understandings of the International legal order are espoused by Europeans and Americans respectively.
4. "Rumsfeld dismisses 'old Europe' defiance on Iraq," CBC News, www.cbc.ca/stories/2003/01/23/rumsfeld030123 (accessed 23 October 2003). "Philosophizing about Europe's Rebirth" Deutsche Welle, www.dw-world.de/english/0,3367,1433_A_884292_1_A,00.html (accessed 23 October 2003) discusses the recent interventions of Jürgen Habermas and Jacques Derrida.
5. "Rumsfeld dismisses 'old Europe' defiance on Iraq," CBC News, www.cbc.ca/stories/2003/01/23/rumsfeld030123 (accessed 23 October 2003). "Philosophizing about Europe's Rebirth" Deutsche Welle, www.dw-world.de/english/0,3367,1433_A_884292_1_A,00.html (accessed 23 October 2003) discusses the recent interventions of Jürgen Habermas and Jacques Derrida.
6. See Timothy Garton Ash, "Are You With Us? Are We Against You?" New York Times (30 May 2003), www.aei.org/research/nai/news/newsID.17669, projectID.11/news_detail.asp (accessed 21 August 2003).
7. See, for example, Lloyd Axworthy, "Affirming our duty to protect," National Post (10 September 2003); Allan Gotlieb, "Canada must return to its 'golden age' of diplomacy," National Post (10 September 2003).
8. See, for example, Lloyd Axworthy, "Affirming our duty to protect," National Post (10 September 2003); Allan Gotlieb, "Canada must return to its 'golden age' of diplomacy," National Post (10 September 2003).
9. See Allen Buchanan & Robert O. Keohane, "The Preventive Use of Force: A Cosmopolitan Institutional Perspective," Ethics & International Affairs 18 (2004):1. The authors argue the need to develop international law and institutional arrangements for "cosmopolitan accountability" regarding the use of preventive force to protect human rights. Also various contributions to J.L Holzgrefe & Robert O. Keohane (eds.), Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge: Cambridge U. Press, 2003); Anne-Marie Slaughter, "Präzisionswaffe Völkerrecht: Die Demokratien müssen sich verbünden - zu einer neuen Kraft inner-halb der UN," Die Zeit 28, no. 3 (July 2003), www.zeit.de/2003/28/Essay_Slaughter (accessed 21 August 2003); Anne-Marie Slaughter, "Notes from the President: A Fork in the Road," American Society of International Law Newsletter 1 (September/October 2003): 4, which suggests a "caucus of democracies" or other "alternative fora of discussion in the UN, and perhaps ultimately of legitimation for action taken by some sub-set of UN actors."
10. See Allen Buchanan & Robert O. Keohane, "The Preventive Use of Force: A Cosmopolitan Institutional Perspective," Ethics & International Affairs 18 (2004):1. The authors argue the need to develop international law and institutional arrangements for "cosmopolitan accountability" regarding the use of preventive force to protect human rights. Also various contributions to J.L Holzgrefe & Robert O. Keohane (eds.), Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge: Cambridge U. Press, 2003); Anne-Marie Slaughter, "Präzisionswaffe Völkerrecht: Die Demokratien müssen sich verbünden - zu einer neuen Kraft inner-halb der UN," Die Zeit 28, no. 3 (July 2003), www.zeit.de/2003/28/Essay_Slaughter (accessed 21 August 2003); Anne-Marie Slaughter, "Notes from the President: A Fork in the Road," American Society of International Law Newsletter 1 (September/October 2003): 4, which suggests a "caucus of democracies" or other "alternative fora of discussion in the UN, and perhaps ultimately of legitimation for action taken by some sub-set of UN actors."
11. See Allen Buchanan & Robert O. Keohane, "The Preventive Use of Force: A Cosmopolitan Institutional Perspective," Ethics & International Affairs 18 (2004):1. The authors argue the need to develop international law and institutional arrangements for "cosmopolitan accountability" regarding the use of preventive force to protect human rights. Also various contributions to J.L Holzgrefe & Robert O. Keohane (eds.), Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge: Cambridge U. Press, 2003); Anne-Marie Slaughter, "Präzisionswaffe Völkerrecht: Die Demokratien müssen sich verbünden - zu einer neuen Kraft inner-halb der UN," Die Zeit 28, no. 3 (July 2003), www.zeit.de/2003/28/Essay_Slaughter (accessed 21 August 2003); Anne-Marie Slaughter, "Notes from the President: A Fork in the Road," American Society of International Law Newsletter 1 (September/October 2003): 4, which suggests a "caucus of democracies" or other "alternative fora of discussion in the UN, and perhaps ultimately of legitimation for action taken by some sub-set of UN actors."
12. See Allen Buchanan & Robert O. Keohane, "The Preventive Use of Force: A Cosmopolitan Institutional Perspective," Ethics & International Affairs 18 (2004):1. The authors argue the need to develop international law and institutional arrangements for "cosmopolitan accountability" regarding the use of preventive force to protect human rights. Also various contributions to J.L Holzgrefe & Robert O. Keohane (eds.), Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge: Cambridge U. Press, 2003); Anne-Marie Slaughter, "Präzisionswaffe Völkerrecht: Die Demokratien müssen sich verbünden - zu einer neuen Kraft inner-halb der UN," Die Zeit 28, no. 3 (July 2003), www.zeit.de/2003/28/Essay_Slaughter (accessed 21 August 2003); Anne-Marie Slaughter, "Notes from the President: A Fork in the Road," American Society of International Law Newsletter 1 (September/October 2003): 4, which suggests a "caucus of democracies" or other "alternative fora of discussion in the UN, and perhaps ultimately of legitimation for action taken by some sub-set of UN actors."
13. See Lloyd Axworthy, "Human Security and Global Governance: Putting People First," Global Governance 7, no. 1 (January 2001): 19.
14. Huntington, "Clash of Civilizations."
15. Robert Kagan, "Power and Weakness," Policy Review 3 (2002): 113.
16. Joseph Nye, "The New Rome Meets the New Barbarians: How America Should Wield Its Power," The Economist (23 March 2002): 24; and Michael Ignatleff, Empire Lite: Nation Building in Bosnia, Kosovo, Afghanistan (Toronto: Penguin Canada, 2003), 3.
17. Joseph Nye, "The New Rome Meets the New Barbarians: How America Should Wield Its Power," The Economist (23 March 2002): 24; and Michael Ignatleff, Empire Lite: Nation Building in Bosnia, Kosovo, Afghanistan (Toronto: Penguin Canada, 2003), 3.
18. Alexander Wendt, "Anarchy Is What States Make of it: The Social Construction of Power Politics," International Organization 46 (1992): 391.
19. Greg Foster, "A new kind of 'world power'," Globe and Mall (12 August 2003): A13.
20. See, e.g., David Bercuson, "Restore Canada's Hard Power Assets," National Post (10 September 2003), www.nationalpost.com/ commentary/story.html?id =1adb75b4-8247-44e7-93c2-3ef375aa904b (accessed 23 October 2003).
21. Amy Waldman & Dexter Filkins, "2 U.S. Fronts: Quick Wars, but Bloody Peace," New York Times (19 September 2003): A1.
22. We are indebted to Emanuel Adler for conversations that clarified this point. See also Kent Roach, September 11: Consequences for Canada (Montreal & Kingston: McGill-Queen's University Press, 2003), 198. He suggests that we ask, in the context of the war against terrorism, whether reliance on "hard power" strategies and "the use of military force will actually make us more secure."
23. See, e.g., White House, "Operation Iraqi Freedom," (5 April 2003), www.whitehouse.gov/news/releases/2003/04/20030405.html (accessed 12 June 2003); and Ed Morgan, "Use of force against Iraq is legal," National Post (19 March 2003), A20.
24. See, e.g., White House, "Operation Iraqi Freedom," (5 April 2003), www.whitehouse.gov/news/releases/2003/04/20030405.html (accessed 12 June 2003); and Ed Morgan, "Use of force against Iraq is legal," National Post (19 March 2003), A20.
25. See, for example, Ruth Wedgwood, "The Fall of Saddam Hussein: Security Mandates and Preemptive Self-Defense," American Journal of International Law 97, (2003): 576.
26. See Robert Y. Jennings, "The Caroline and McLeod Cases," American Journal of International Law 32 (1938):82.
27. USA, The National Security Strategy of the United States of America (September 2002), www.whitehouse.gov/nsc/nss.pdf (accessed 8 June 2003).
28. See media declarations by leading internationalists in Australia, Canada, and the US. "Howard must not involve us in an illegal war," The Age (26 February 2003), www.theage.com.au/articles/2003/02/25/1046064031296.html (accessed 11 March 2003); "Military Action in Iraq Without Security Council Authorization Would be Illegal,'' Open Letter signed by 31 Canadian Professors of International Law, (17 March 2003) www.sdiq.org (accessed 18 June 2003); and Peter Slevin, "Legality of War Is A Matter of Debate-Many Scholars Doubt Assertion by Bush," Washington Post (18 March 2003), www.commondreams.org/ headlines03/0318-05.htm (accessed 3 June 2003).
29. See media declarations by leading internationalists in Australia, Canada, and the US. "Howard must not involve us in an illegal war," The Age (26 February 2003), www.theage.com.au/articles/2003/02/25/1046064031296.html (accessed 11 March 2003); "Military Action in Iraq Without Security Council Authorization Would be Illegal," Open Letter signed by 31 Canadian Professors of International Law, (17 March 2003) www.sdiq.org (accessed 18 June 2003); and Peter Slevin, "Legality of War Is A Matter of Debate-Many Scholars Doubt Assertion by Bush," Washington Post (18 March 2003), www.commondreams.org/headlines03/0318-05.htm (accessed 3 June 2003).
30. See media declarations by leading internationalists in Australia, Canada, and the US. "Howard must not involve us in an illegal war," The Age (26 February 2003), www.theage.com.au/articles/2003/02/25/1046064031296.html (accessed 11 March 2003); "Military Action in Iraq Without Security Council Authorization Would be Illegal,'' Open Letter signed by 31 Canadian Professors of International Law, (17 March 2003) www.sdiq.org (accessed 18 June 2003); and Peter Slevin, "Legality of War Is A Matter of Debate-Many Scholars Doubt Assertion by Bush," Washington Post (18 March 2003), www.commondreams.org/ headlines03/0318-05.htm (accessed 3 June 2003).
31. John D. Negroponte, "Letter dated 20 March 2003 from the Permanent Representative of the United States of America to the United Nations addressed to the President of the Security Council," (20 March 2003), UN Doc. S/2003/351.
32. It might be objected that NATO'S intervention in Kosovo is an example of a self-appointed coalition achieving a degree of legitimacy. However, the Kosovo intervention can be distinguished from the invasion of Iraq on a number of counts. First, in Kosovo there was credible evidence of actions amounting to a continuing, even escalating, genocide. Secondly, the inability of the Security Council to act resulted from the threatened veto of a single state with a direct interest in the dispute, and not from a broader resistance to the proposed use of force. Thirdly, the NATO intervention took place after an extended and intense multilateral effort to broker a peaceful settlement. See also Tom Farer, "The Prospect for International Law and Order in the Wake of Iraq," American Journal of International Law 97, (2003): 625-626.
33. See, for example, Slaughter, "Präzisionswaffe Völkerrecht," and "Fork in the Road."
34. See, for example, Slaughter, "Präzisionswaffe Völkerrecht," and "Fork in the Road."
35. Kofi Annan, Address to the United Nations General Assembly (23 September 2003); www.un.org/apps/sg/sgstats.asp (accessed 23 September 2003). See also UN Press Release SG/A/857/, "Secretary General Names High-level Panel to Study Global Security Threats, and Recommend Necessary Changes," (4 November 2003); www.un.org/News/Press/docs/2003/sga857.doc.htm (accessed 25 November 2003).
36. Kofi Annan, Address to the United Nations General Assembly (23 September 2003); www.un.org/apps/sg/sgstats.asp (accessed 23 September 2003). See also UN Press Release SG/A/857/, "Secretary General Names High-level Panel to Study Global Security Threats, and Recommend Necessary Changes," (4 November 2003); www.un.org/News/Press/docs/2003/sga857.doc.htm (accessed 25 November 2003).
37. David Malone, "Don't hold your breath," Globe and Mail (22 September 2003): A15.
38. See, for example, Michael Barnett, Eyewitness to a Genocide: The United Nations and Rwanda (Ithaca: Cornell University Press, 2002).
39. Thomas M. Franck, "What Happens Now? The United Nations After Iraq," American Journal of International Law 97 (2003): 610.
40. We are indebted to Richard Price for conversations that clarified this point.
41. Michael Adams, Fire and Ice: The United States, Canada and the Myth of Converging Values (Toronto: Penguin Canada, 2003).
42. See, for example, Roach, September 11: Consequences for Canada, 136-141.
43. A review of world press, conducted in August 2003, yielded articles that mentioned Canada's failure to join the "coalition of the willing" as a side note to the general lack of world support for the US action (on file with authors).
44. Notes of a confidential conversation on file with the authors.
45. Joseph S. Nye Jr., The Paradox of American Power: Why the World's only Superpower Can't Go it Alone (Oxford and New York: Oxford University Press 2002).
46. Bangladesh, Bolivia, Ethiopia, Ghana, Honduras, Mali, Mozambique, Senegal and Tanzania. CIDA, "New Canadian Investments in Nine Developing Countries," www.acdi-cida.gc.ca/cida_ind.nsf/0/ F18796535B8CD71085256C95005E88F1?OpenDocument (accessed 23 October 2003).
47. See Paul Knox, "CIDA gets Rinse and Spin award for this aid announcement," Globe and Mail (15 October 2003): A19. He comments on the phase-out of CIDA funding for India.
48. Foster, "A new kind of 'world power'."
49. Bill Graham, "Sovereignty, Interdependence and Integration," Address at the 72nd Annual Summer Conference of the Couchiching Institute on Public Affairs, (10 August 2003), webapps.dfait-maeci.gc.ca/minpub/Publication. asp?FileSpec=/Min_Pub_Docs/106360.htm&Language=E (accessed 21 August 2003).
50. Slaughter, "Fork in the Road," and Buchanan & Keohane, "The Preventive Use of Force."
51. Slaughter, "Fork in the Road," and Buchanan & Keohane, "The Preventive Use of Force."
52. See e.g., background papers for the September 2003 conference "Fighting Terrorism for Humanity," www.end-terror.org/background/ coverpage.htm (accessed 23 October 2003).
53. See Gareth Evans, "The Responsibility to Protect," Foreign Affairs 81 (2003), 99.
54. See Richard Falk, "What Future for the UN Charter System of War Prevention?" American Journal of International Law 97 (2003): 596-597.
55. International Commission on Intervention and State Sovereignty, The Responsibility to Protect (December 2001), www.dfait-maeci.gc.ca/iciss-ciise/ report-en.asp (accessed 23 October 2003).
56. Annan, note 24.
57. Ibid., note 42.