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JUSTICE AND WAR
(Revised September 23)
Fall 2002 GO 237
Prof. Ken Rodman
karodman@colby.edu
Miller 255
x3270
Office Hours:
Tuesday and Thursday, 11-12
Wednesday, 10-12
COURSE DESCRIPTION:
Is it possible to evaluate the ends and means of wars in terms of considerations of justice? Or does international anarchy and the difficulty in achieving a global moral consensus necessitate the subordination of all such considerations to power and expedience.
The aim of this class is to provide a conceptual framework for a moral and political analysis of interstate and intra-state wars. The course is divided into four parts. Part I examines general philosophical issues surrounding ethics and international affairs. Part II explores debates as to when war is justified and applies them to case studies, such as the Persian Gulf War, Cold War interventions in Vietnam and Nicaragua, the invasion of Panama, and the debate over the Bush Doctrine of preventive war and its application to Iraq. Part III examines controversies surrounding humanitarian intervention, particularly in response to genocidal activities. Areas of application include Cambodia, Northern Iraq, Bosnia, Rwanda, and Kosovo. Part IV addresses questions surrounding just means, in particular the principle of noncombatant immunity, and applies them to controversies, such as Hiroshima, the use of force in the Persian Gulf and Kosovo wars, nuclear deterrence, guerrilla warfare, terrorism, and reprisal.
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READING ASSIGNMENTS:
Students are expected to read required assignments prior to the lecture to which they pertain. The following books are required and I recommend you purchase them at the Colby bookstore in Roberts Union:
Nye, Nuclear Ethics
Walzer, Just and Unjust Wars (revised edition)
Henkin, Right versus Might: International Law and the Use of Force (2d ed.)
McElroy, Morality and American Foreign Policy
Power, A Problem from Hell: America in the Age of Genocide
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WRITTEN AND ORAL ASSIGNMENTS:
1. Attendance and Participation (10%)
2. There will be an examination early in the semester on Thursday, September 26. (15%)
3. From October 1 - 31, each student will be responsible for a paper either for a debate over just war issues or a decision making simulation on humanitarian intervention. In these papers, you will be assigned a role that you will have to represent in your paper and in the simulated debate or decision dilemma in class. Each student must:
- send me via email a one-page summary of your position (i.e., either a short abstract of your argument or an outline) at 5:00 the day before the class in which we are doing the simulation.
- prepare to give a five-minute summary of your position and defend that position in class
- submit a 6-10 page final draft, due in my office 3 days after the class presentation (i.e., Friday at 5 for a Tuesday class; Sunday at 5 for a Thursday class). (25%)
4. A take-home essay assignment on humanitarian intervention and genocide focusing on Samantha Powers, A Problem from Hell. The questions will be handed out on Thursday, November 7 and the paper will be due on Friday, November 22 at 5:00. (25%)
5. An in-class final examination with a take-home examination option. A list of essay questions will be passed out during the last week of class. Students can either choose two of those essays and submit them on the day of the examination. Or they can take an in-class examination in which one or two of those essays will appear with a number of objective analytical questions. (25%)
LINKS:
Charter of the United Nations: Selected Articles
Inspectors Yes, War No
Study Questions Midterm
Midterm Examination
Class Presentations
Essay Assignment #1 & Schedule of Presentations
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COURSE OUTLINE |
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Part I: |
Ethical Reasoning in International Relations |
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Sept. 5: |
Introduction
Assassination Handout - to be read in class
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Sept. 10: |
Anarchy and Necessity: Thucydides and Hobbes
- Walzer, ch. 1
- Nye, ch. 1
- Thucydides, History of the Peloponessian Wars, pp. 265-274, 158-170 (R)
- Hobbes, Leviathan, ch. 13 (R)
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Sept. 12: |
The Duty of Statesmen: Machiavelli and Weber
- Nye, ch. 2
- Machiavelli, The Prince, chs. 15-19 (R)
- Weber, "Politics as a Vocation," pp. 115-128 (R)
- Nolan, "Bodyguard of Lies: Franklin D. Roosevelt and Defensible Deceit in World War II" (R)
- Draper, "Reagans Junta" (R)
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Sept. 17: |
Modern Realism and Its Critics (I): Normative Issues
- Nye, ch. 3
- McElroy, chs. 1, 2
- Walzer, ch. 8
- Morgenthau Handout
- Kennan, "Morality and Foreign Policy" Foreign Affairs (Winter 1985): 205-218
http://search.epnet.com/direct.asp?an=8500012065
Cohen, "Moral Skepticism and International Relations" (R - Strongly Recommended)
Recommended:
- Smith, Realist Thought from Weber to Kissinger, chs. 3-6
- Beitz, Political Theory and International Relations, pp. 15-63
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Sept. 19: |
Modern Realism and Its Critics (II): Empirical Issues
- McElroy, chs. 3-5
- Walzer, ch. 15
- Power, ch. preface, 5, 7
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Part II: |
When is War Just? (Jus Ad Bellum) |
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Sept. 24: |
Just War Theory and the Legalist Paradigm
- Walzer, chs. 4, afterword
- Henkin, ch. 2
- Johnson, Morality and Contemporary Warfare, pp. 41-70 (RESERVE)
Recommended:
- Orend, Michael Walzer on War and Justice, pp. 60-76
- David Hendrickson, "In Defense of Realism: A Commentary on Just and Unjust Wars", Ethics and International Affairs (1997), pp. 19-54
- Walzer, "The Moral Standing of States" Philosophy and Public Affairs (Spring 1980)
- David Luban, "The Romance of the Nation-State" Philosophy and Public Affairs (Summer 1980)
- Smith, "Ethics and Intervention" Ethics & International Affairs (1980):1-26
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Sept. 26: |
EXAMINATION
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Oct. 1: |
Ideology and Intervention: Vietnam and the Reagan Doctrine
- Henkin, introduction, ch. 1
- Walzer, pp. 96-101
- Morgenthau, "The Lessons of Vietnam" (R)
- Krauthammer, "The Poverty of Realism" (R)
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Oct. 3: |
Debating the Reagan Doctrine in Latin America: Nicaragua and Panama
- Henkin, ch. 5 (sections on Panama)
- Beitz, Charles R. "The Reagan Doctrine in Nicaragua," in Steven Luper-Foy, ed., Problems of International Justice (Boulder, Colorado: Westview Press, 1988), pp. 182-195 (R)
- Tucker, "Intervention and the Reagan Doctrine" (RESERVE)
- D'Amato, "The Invasion of Panama Was a Lawful Response to Tyranny," American Journal of International Law (April 1990), pp. 516-524
http://links.jstor.org/sici?sici=0002-9300%28199004%2984%3A2%3C516%3ATIOPWA%3E2.0.CO%3B2-Q
Recommended:
- DeMuth, The Reagan Doctrine
- Gerson, The Kirkpatrick Mission at the United Nations, ch. 16
- Forsythe, The Politics of International Law, ch. 3
- Johnson, "Misguided Morality: Ethics and the Reagan Doctrine" Political Science Quarterly (Fall 1988)
- Charles Maechling, "Washington's Illegal Invasion," Foreign Policy, Summer 1990, pp. 119-132
- Farer, "Panama: Beyond the Charter Paradigm" American Journal of International Law (April 1990), pp. 503-515
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Oct. 8: |
Debate: Was the Persian Gulf War a Just War?
- Walzer, preface
- Henkin, ch. 5 (Persian Gulf War selections only)
- Gulf War Handout
Recommended:
- Elshtain, ed., Just War Theory
- Walzer, "Justice and Injustice in the Gulf War," Weigel, "From Last Resort to Endgame," and Elshtain, "Just War as Politics," all from Elshtain, ed., Was it Just?
- James Turner Johnson, Just War and the Gulf War
- Geyer & Breen, Lines in the Sand: Justice and the Gulf War
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Oct. 10: |
Debate: Can War with Iraq be Justified as a Legitimate Anticipation?
- Walzer, ch. 5
- Brad Roberts, "NBC Armed States: Is There a Moral Case for Pre-Emption?" (R)
- Rivkin & Bartram, "The Law on the Road to Baghdad" National Review, August 28, 2002
- Galston, "Perils of Preemptive War" American Prospect, September 23, 2002
Note: The Rivkin & Bartram and Galston essays should eventually be on-line through Academic Search Premier and when they are, I will send you the stable link. If they are not up by one week of this class, the articles will be emailed to you. They can also be accessed via Lexis-Nexis under "General News" and "Magazines & Journals"
Recommended:
- Farer, "Beyond the Charter Framework: Unilateralism or Condominium" American Journal of International Law (April 2002): 359-364. http://links.jstor.org/sici?sici=0002-9300%2820024%2996%3A2%3C359%3ABTCFUO%E2.0.CO%3B2-O
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PART III: |
Humanitarian Intervention and the Crime of Genocide |
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Oct. 17: |
Humanitarian Intervention and Genocide: Theoretical Debates and Practice during the Cold War
- Walzer, ch. 6 (pp. 87-96, 101-108), and preface to the Third Edition
- Beitz, "Nonintervention and communal Integrity" Philosophy and Public Affairs (1980): 385-391
http://links.jstor.org/sici?sici=0048-3915%28198022%299%3A4%3C385%3ANACI%3E2.0.CO%3B2-G
Donnelly, "Humanitarian Intervention and American Foreign Policy: Law, Morality, Politics" Journal of International Affairs (Winter 1984): 311-329 http://search.epnet.com/direct.asp?an=5294115
Kissinger, Does America Need a Foreign Policy?, pp. 251-273 Power, chs. 4, 6
Recommended:
- Hoffmann, The Ethics and Politics of Humanitarian Intervention
- Rieff, "The Illusions of Peacekeeping" World Policy Journal (Fall 1994), pp. 1-18
- Smith, "Humanitarian Intervention: An Overview of the Ethical Issues," Ethics and International Affairs (1998), pp. 63-80
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Oct. 19: |
Humanitarian Intervention after the Cold War: The Kurdish and Somali Precedents
- Power, ch. 8
- Wheeler, Saving Strangers: Humanitarian Intervention in International Society, pp. 172-207 (R)
Recommended:
- For relatively optimistic views of the events of Kurdish and Somali precedents in the early 1990s, see Pease and Forsythe, "Human Rights, Humanitarian Intervention, and World Politics" Human Rights Quarterly (May 1993): 290-314; Chopra and Weiss, "Sovereignty Is No Longer Sacrosanct: Codifying Humanitarian Intervention" Ethics and International Affairs (1992): 95-117; Stromseth, "Iraqs Repression of its Civilian Population: collective Responses and Continuing Challenges" in Damrosch, ed., Enforcing Restraint: Collective Intervention in Internal Conflicts, pp. 77-118.
- For more skeptical views, see Mandelbaum, "The Reluctance to Intervene," Foreign Policy (Summer 1994):3-19 and "Foreign Policy as Social Work" Foreign Affairs (January-February 1996): 16-32; Also see Fromkin, "Dont Send in the Marines," New York Times Magazine, February 27, 1994.
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Oct. 24: |
Bosnia (1)
- Power, chs. 9, 11
- Daalder, "Anthony Lake and the War in Bosnia" (R)
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Oct. 26: |
Bosnia (II)
- Power, ch. 11, 13 (read selectively on the Hague Tribunal)
- Goldstone, "Bringing War Criminals to Justice During an Ongoing War" in Moore, ed., Hard Choices: Moral Dilemmas in Humanitarian Intervention, pp. 195-210 (R)
- Sharp, "Dayton Report Card" International Security (Winter 1997): 101-137 http://search.epnet.com/direct.asp?an=275335
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Oct. 31: |
Rwanda
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Nov. 5: |
Kosovo
Recommended:
- Fromkin, Kosovo Crossing: American Ideals Meet Reality on the Balkan Battlefields
- Denitch, "A Botched Just War," Dissent (Summer 1999), pp. 7-10
- Russett, "Is NATOs War a Just War?"Commonweal (May 21, 1999)
- Mandelbaum, "A Perfect Failure: NATOs War Against Yugoslavia," Foreign Affairs (September/October 1999), pp. 2-8
- Falk, "Reflections on the War" Nation , June 28, 1999
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Part IV: |
Just Means & Noncombatant Immunity (Jus in Bello) |
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Nov. 7: |
The War Convention
- Walzer, chs. 2, 3, 9, 14
- McElroy, ch. 6
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November 12: |
- Air Power and Noncombatant Immunity: Hiroshima and the Gulf War
- Walzer, preface to the 2nd edition (on jus in bello in the Gulf War), ch. 16
- Stimson, "The Decision to Use the Atomic Bomb," in Amy Guttman & Dennis Thompson, eds., Ethics and Politics: Cases and Comments, 2nd edition, (Chicago: Nelson-Hall, 1990), pp. 5-15 (R)
- Alperovitz, "Hiroshima: Historians Reassess," Foreign Policy (Summer 1995), pp. 15-34.
http://search.epnet.com/direct.asp?an=9506290702
- Gulf War Handout
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Part IV: |
Recommended:
- J. Samuel Walker, Prompt and Utter Destruction: Truman and the Use of the Atomic Bombs Against Japan
- Bundy, Danger and Survival: Choices About the Bomb in the First Fifty Years, ch. 2
- Van de Velde, "The Enola Gay Saved Lives," Political Science Quarterly (Fall 1995), pp. 453-460
- Libby, "The Search for a Negotiated Peace" World Affairs (Summer 1993), pp. 35-46
- Alperovitz, Messer, and Bernstein, "Marshall, Truman, and the Decision to Drop the Bomb," International Security (Winter 1992), pp. 204-222
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Nov. 14: |
Air Power and Noncombatant Immunity: Kosovo
BBC, "Moral Combat: NATOs War in Kosovo" - to be shown in class |
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Nov. 19: |
The Ethics of Nuclear Deterrence (I)
- Walzer, ch. 17
- Nye, chs. 4, 5
- Schell, "Selection from The Fate of the Earth"
- Wohlstetter, "Bishops, Statesmen, and Other Strategists on the Bombing of the Innocents," in Kegley & Wittkopf, eds., The Nuclear Reader, pp. 58-76
Recommended:
- Weinberger, "The Role of Nuclear Weapons in Strategy" in Guttman & Thompson, eds., Ethics and Politics, pp. 25-28
- Barker, "The Immorality of Credible Nuclear Bluffs" Public Affairs Quarterly (July 1989), pp. 1-14
- Draper, Theodore "How Not to Think About Nuclear War," in Draper, Present History , pp. 1-33
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Nov. 21: |
The Ethics of Nuclear Deterrence (II)
- Nye, ch. 7
- Kattenburg, "MAD is the Moral Position," in Kegley & Wittkopf, eds., The Nuclear Reader, pp. 77-84 (R)
- National Conference of Catholic Bishops, "Nuclear Strategy and the Challenge of Peace" in Kegley & Wittkopf, eds., The Nuclear Reader, pp. 43-57 (R)
- Okin, "Taking the Bishops Seriously," World Politics (July 1984), pp. 527-544
http://links.jstor.org/sici?sici=0043-8871%28198407%2936%3A4%3C527%3ATTBS%3E2.0.CO%3B2-F
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Nov. 26: |
Guerrilla Warfare and Terrorism
Recommended:
- Herring, "Why the United States Failed in Vietnam"
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Dec. 3: |
Responses to Terrorism
Required:
- Walzer, ch. 13
- Arend, "Terrorism and the Just War Doctrine" (R)
- Other Readings TO BE ANNOUNCED
Recommended:
- Walzer, "Terrorism: A Critique of Excuses" and Fullinwider, "Understanding Terrorism" in Luper-Foy, ed., Problems of International Justice, pp. 237-259
- Burchael, "Framing a Moral Response to Terrorism" and Livingstone, "Proactive Responses to Terrorism" in Kegley, ed., International Terrorism, pp. 213-237
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Dec. 5: |
The "War on Terrorism"
- Walzer, "Five Questions About Terrorism," Dissent (Winter 2002): 5-10
http://search.epnet.com/direct.asp?an=5843994
Franck, "Terrorism and Self-Defense" American Journal of International Law (October 2001): 839-843. http://links.jstor.org/sici?sici=0002-9300%28200110%3A4%3C839%ATATRIS%E2,0,CI%3B20I
Mayer, "On Showing a 'Decent Respect'" World Policy Journal (Spring 2002)
Recommended:
- Beard, "America's New War on Terror: The Case for Self-Defense Under International Law" Harvard Journal of Law and Public Policy
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