LEC8 – Preventive and Preemptive War Oct 6 2009

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16 Aug 2010
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PHL378: War & Morality
LEC8 Preventive & Preemptive War
Oct, 6th, 2009
Iraq War
! rhetoric as preventive war
! better rhetoric would have been to argue war in 2003 as the continuation of the Gulf War and
US pursuing the CJC of disarmament of Iraq (WMD)
! but even if that were the case, there may be a proportionality issue even if they had a JC, last
resort is not an issue, because they tried everything (UN inspectors etc)
! CJC: humanitarian, links to Al Quaeda, spread of democracy
! these all depend on changing the government, hence these should only be permitted had
changing the government been a IJC
Legalist Paradigm
! war is justified only when there is aggression
! read strictly this requires only when there is actual aggression
! Waltzer thinks this is too restrictive
Pre-emptive War vs Preventive War
! preventive war: avert future threat
! pre-emptive war: imminent threat
! the different b/w the two is of degree and not kind
! McMan: pg. 170
! distinction b/w preventive & pre-emptive
! Waltzer: preventive war is not permissible (Spanish Succession), pre-emptive war (Six day
War) is
! McMan: pg. 170
! Bush doctrine asserts the right of preventive defence under the guise of pre-emption
Pre-emptive War
! Waltzer: pg. 74
! Webster's conditon for pre-emptive war is too strict
! pg. 81: Conditions for pre-emptive war
1. manifest intent
2. active preparation
! mobilizing army on border
3. doing anything other than fighting greatly magnifies the risk
! last resort / necessity
In preventive war, there is no 1. or 2.
! McMan: pg. 173
! Paralysis case
! Israel 1967
! Lackey: Israel's ports being blocked is an act of war, hence its not pre-emptive war
! Waltzer:
! McMan
! the other side by threatening to attack or attacking you made themself liable
! a nation has done something to make it liable to be attacked when it is attacking you and
during pre-emptive war
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Document Summary

better rhetoric would have been to argue war in 2003 as the continuation of the gulf war and. Us pursuing the cjc of disarmament of iraq (wmd) but even if that were the case, there may be a proportionality issue even if they had a jc, last resort is not an issue, because they tried everything (un inspectors etc) cjc: humanitarian, links to al quaeda, spread of democracy these all depend on changing the government, hence these should only be permitted had changing the government been a ijc. war is justified only when there is aggression read strictly this requires only when there is actual aggression. 170 the different b/w the two is of degree and not kind. waltzer: preventive war is not permissible (spanish succession), pre-emptive war (six day. bush doctrine asserts the right of preventive defence under the guise of pre-emption. webster"s conditon for pre-emptive war is too strict.

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