Friday, May 8, 2009 - 4:20 PM
By Peter Feaver
Richard Haass had an interesting discussion post over on Washingtonpost.com recently. He argued that the "just war" framework was too subjective and that it should be replaced with a "justifiable war" framework which emphasizes not what the individual ethicist deems is right or wrong but what the political leadership is able to persuade others -- domestic and international publics and would-be allies -- is right or wrong. The post is really just a teaser for his forthcoming book, which defends the first Iraq War as a war of necessity and criticizes the second Iraq War as a war of choice.
I will be curious to see if Haass' book does a more persuasive job of establishing the war of choice vs. war of necessity dichotomy. It seems to me that this dichotomy is a pretty subjective and slippery continuum, one that would benefit from precisely the political pragmatism Haass is calling for in dealing with the just war framework.
Was the first Iraq war really a "war of necessity"? Some of the brightest national security experts at the time did not think so, and this is why the Congressional debate and vote authorizing force in 1990-91 was so narrowly split on partisan lines (especially in comparison to the 2002 debate and vote authorizing force for what became the second Iraq war). Indeed, the critique presented most forcefully by Senator Nunn, the leader of the "war is not necessary" camp, almost exactly reflects Haass' framework: Nunn essentially argued that the new sanctions were beginning to have an effect and that we should wait to see if they work rather than rush to war because the likely costs will be great and the likely accomplishments uncertain. There is even a vigorous debate (then and, to a certain extent, ongoing) about whether the first Iraq war was a just war (for a review of that debate that concludes that the war was, in fact, just, see James Turner Johnson's Just War and the Gulf War.
What Haass sees as clear, then, others see as murky. This, of course, may be precisely his point about the subjectivity of these debates. I am not sure that changing the aperture to measure the justifiability rather than the justness of wars eliminates subjectivity. Rather, it seems to me simply to compound, aggregate, and perhaps to aggravate it.
On a related note, I will also be curious to see whether Haass persuasively explains how the "justifiable" framework gets us past the "just war" framework. As I read the first Iraq War, in seeking to justify the war, President Bush (41) went to extraordinary lengths to ground his argument in the just war tradition in part because that was rhetorically necessary. (I say, "in part," because I think Bush also believed in the just war requirement himself; leaders need to believe that the wars they are advocating meet both the realpolitik standard of national interest and the ethical standard of justness.) The American public uses an ethical shorthand that derives from just war theory, and so to make the political case -- to meet Haass' justifiability criteria -- political leaders will perforce rely on just war theory. I am not sure that Haass' shift is a distinction that makes much of a difference.
I am with Haass entirely, however, on the obligation that leaders have to justify why the force option should be chosen, and I agree that this obligation entails comparing the force tool to other possible tools. That same obligation applies to those who would argue against the force option.
In his blog post, Haass asserts "the United States could have done more to contain Saddam though strengthening sanctions." I hope his book justifies this assertion. I, for one, would like to hear how France and Russia could have been persuaded to reverse course and, instead of undermining the sanctions regime, actually toughen that regime without the Bush administration threatening war.
I am open to persuasion based on argument and evidence on this point. I agree with Haass that the second Iraq war was a war of choice, and a very difficult choice it turned out to be. As events unfolded, some of those who argued against war the second time made more accurate predictions than those who argued for war -- just as in the first Iraq war, some of those who argued for war made more accurate predictions than those who argued against war. So I would be open to learning that the sanctions/inspections option (without the credible threat of force) was more viable than some in the Bush administration then thought it was.
Finally, as Haass reminds us, we score past debates with the benefit of hindsight, but we engage in current debates under conditions of uncertainty colored by the legacy of previous wars. Alas, uncertainty and legacy abound in the potential conflicts Haass lists: Iran, North Korea, Pakistan, and Afghanistan. In these areas, I am confident about just one prediction: whatever President Obama decides, the wisdom and justness of that decision will be more clear in hindsight than it will be when he is seeking to justify it.
Just today Hass gave an interview with Al-Jazeera english about this very topic... you can watch it here:
http://www.youtube.com/watch?v=AHBnfoJysYY
The problem with the U.N. inspections that occurred just before the invasion was that they were pushed by the British not to find WMD but to justify the war. That's the reason why Bush agreed to them. The U.N. ended up going to every sight that the U.S. White Paper listed as suspected and found nothing. The violations that they found were long-range missiles, and about a dozen Iran-Iraq war era shells. Even before the inspections started the U.S. launched their PR campaign against them saying that if the U.N. didn't find anything than the Iraqis were guilty and if the U.N. did find anything Iraq was guilty and thus either way the U.S. was going to war. It didn't help that Saddam had a history of obstruction with the inspectors, but by the end the U.N. was even saying that they were having more and more cooperation and got all of their demands met. The U.N. proved that there were no WMD in Iraq, but no one was listening. Whether they happened or not the U.S. would have still gone to war because the decision was already made.
For more on the inspections see:
http://musingsoniraq.blogspot.com/2008/06/un-inspectors-were-right-iraq-was-not.html
in one sense all wars are wars of choice - only when enjoined with a subjective need do they become wars of necessity: America could invade Canada tomorrow for causes it deemed just and Canada would have a choice to retaliate, which, if it did, the war would then become necessary - and short. The line is so blurred it's virtually meaningless. Agincourt was a battle invoking both choice and necessity that symbolized a war that invoked both choice and necessity as one in the same thing - the whole idea of a 'just' war comes from a time when wars were a highly ritualized tool of conflict resolution the utility of which was entirely understood and accepted by both [or more] parties - choice or necessity? Just or unjust?
for great powers, all wars are wars of necessity and that necessity is a choice: in other words, to put it more crudely, use it or lose it. The second Iraq war was therefore entirely justifiable: we're facing a new enemy we don't know how to fight: we had to learn how to fight it. That is the albeit brutal yet logical imperative of great powers. Of course a rational people want to 'regulate' war, to give it a coherent legal framework and that 'civilizing' need is fundamental - but the fact is war is a beast that ultimately exists outside of such niceties and once a great power loses sight of that reality, it is doomed.
You continue to refuse to face squarely the decision to invade
Why do you insist on conflating inspections backed by the credible threat of force with the actual launch of military action?
I must admit I don't understand Haass' reference to containment, since Iraq was contained throughout - the Iraqi government did not even control all its own territory - but your discussion of this compounds the confusion.
Had Saddam defied the UN and the inspectors, war would have been much more justifiable, but that is not what happened. Inspections backed by the threat of force were commenced - with the support of France, Russia and others - and the US did its best to undermine the inspectors. Despite the US claim that it wanted inspections and disarmament, clearly the US did not want UN inspections and did not want disarmament by the UN - it wanted to invade and take over Iraq itself.
We shouldn't need the benefit of hindsight to know that a war launched under false pretenses will turn out to be hard to justify.
I myself will also be curious on these assertions for justification of the First Gulf War, since George the Elder started out with the importance of oil to the U.S. economy (the Carter Doctrine). Then forty-one started hearing the "no blood for oil" chant, and the justification became that America had a long standing friendly relationship with Saudi Arabia, and stated, but never showed, overhead photography indicating an Iraqi force buildup on the border of the Kingdom. Finally, we started hearing about Iraq's history of human rights abuses under Saddam Hussein, and Iraq's potential to develope nuclear weapons.
Did I leave anything out? : - }
Shadow Government is a blog about U.S. foreign policy under the Obama administration, written by experienced policy makers from the loyal opposition and curated by Peter D. Feaver and William Inboden.
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