By Henry Shue and David Rodin, eds.
New York: Oxford Univ. Press, 2007. Pp. vii, 267. ISBN 978-0-19-923313-7.
This collection of nine articles presents an informative, often profound, and
mutually respectful exchange of views among top-echelon war studies scholars.
Their fulcrum: the George W. Bush administration's National Security Strategy
(NSS) statement regarding preventive war issued in September 2002[1], prior to the
invasions of Afghanistan and Iraq. As promised in the book's subtitle, each
contribution explores the question of moral justification for military actions.
The result is a learned exercise clarifying when non-rogue entities may attack
an enemy (however defined) but not precisely defining what sorts of military
action might necessitate retaliation.
The assessments of Bush-era justifications for preventive war fall here
roughly into three groups: (1) empirical appraisals of how other governing
bodies past and present have appealed to preventive war doctrines; (2)
endorsements in principle of preventive war within strict limits; and (3)
critiques that, for various reasons, reject preventive war theory altogether.
1. Empirical accounts of actual preventive war appeals are provided by
military historian Hew Strachan (Oxford), who focuses primarily on pre-World War
II European countries (chap. 1: "Preemption and Prevention in Historical
Perspective," 23-39), and political scientists Marc Trachtenberg (UCLA), who
addresses World War II and the Cold War era (chap. 2: "Preventive War and US
Foreign Policy," 40-68), and Neta Crawford (Boston), who evaluates US and UN
appeals to preventive war doctrine (chap. 4: "The False Promise of Collective
Security through Preventive War," 89-125).
Two crucial historical turning points with regard to preventive war appeals
were the 1928 Kellogg-Briand Pact and the emergence of nuclear weaponry in 1945.
Kellogg-Briand—adopted by fifteen World War I belligerents and later enshrined
in the UN Charter and the proceedings of the Nuremberg war crime
trials—replaced the assumption that a sovereign state is ipso facto entitled to
go to war whenever it deems it advantageous with a mandate that war be
undertaken only for defense (33, 116). States had previously considered
prevention an adequate justification for military action at least since the
Peloponnesian War. Proponents of this normative constraint on preventive war
explain it as a type of defense. Meanwhile, countries with nuclear arsenals have
revived the older system whereby, on Strachan's account, European nations
routinely embraced prevention, notably to maintain "the balance of power."
Trachtenberg shows quite convincingly that post-World War II leaders in the
United States have thought in terms of what John Kennedy's State Department
called "anticipatory self-defense" (50) and what the 2002 NSS labeled "proactive
counterproliferation efforts" (56). Crawford finds both US and UN rationales for
preventive war as self-defense unpersuasive. This she does with clear if not
definitive argumentation, first targeting the US appeal to its global interests
and responsibilities as furthering its goals of preeminence both at home and
abroad. She shows that the UN's authorizations of preventive war stem from its
forceful policy of humanitarian intervention, especially under Secretary General
Kofi Annan. Crawford faults that policy as undermining the spirit of
Kellogg-Briand: "the use of preventive force, whether under the authorization of
the UN Security Council or when undertaken by an individual or coalition of
states without such authorization does not promote international peace and
security. It in fact undermines an international order based on the rule of law
that it is designed to protect. The Secretary General and the High-Level Panel
are thus correct to emphasize primary prevention, but unwise to promote a
doctrine of preventive uses of military force" (124).
2. Four of the essays in Preemption accept preventive war doctrine within
certain limiting conditions. International relations theorist Henry Shue
(Oxford) imposes (unrealizable) conditions on "early military attack" (EMA)
(chap. 9: "What Would a Justified Preventive Military Attack Look Like?"
222-46). Philosophy and legal studies professor Walter Sinnott-Armstrong
(Dartmouth) offers an act consequentialist basis for possible preventive war
(chap. 8: "Preventive War—What Is It Good For?" 202-21); philosopher Allen
Buchanan (Duke) stipulates the involvement of efficacious regulatory
institutions (chap. 5: "Justifying Preventive War," 126-42); and legal scholar
David Luban (Georgetown) leaves the door to preventive war ajar by countering a
wide range of objections through analogies to criminal conspiracy law (chap. 7:
"Preventive War and Human Rights," 171-201).
Shue associates preemption with an EMA that is "neither a defensive response
against an actual attack nor a preemption of an imminent threat" (222). He lays
out four "tentative necessary conditions" for a morally justified EMA: it must
be limited to effective elimination of the danger that prompts it; it must also
be urgent, based on "well-verified, solid intelligence," and consistent with
internationally acceptable principles. "Even these four conditions seem
extremely difficult to satisfy" (245-46).
Sinnott-Armstrong asserts that "whether a war is morally wrong depends on
balance of probabilities of various values and disvalues among its consequences"
(215). Turning to some concrete cases, he deems justifiable several
Israeli-initiated attacks against perceived threats and also, pace Rodin, US
participation in World War II because, by his calculations, it saved millions of
lives in the long run. He concludes otherwise regarding the wars in Afghanistan
and Iraq. But he does allow for preventive war against a rogue state threatening
to use weapons of mass destruction (WMDs), if sanctioned by an impartial body
with provision for reparations should pre-war intelligence prove to have been
faulty.
Buchanan, while reckoning no past preventive war to have been justified
(142), yet contends such a war might be morally permissible in certain contexts,
as might be the disruption of a planned attack. But he insists on appropriate
multilateral institutions empowered to assess proposed attacks before and after
their initiation. He also responds to various theoretical objections: for
example, a consequentialist misperception of potential threats or an
agent-centered case based on underestimation of risks likely to be incurred.
Luban posits a conditional defense of Bush administration preventive war
doctrine. Against the human rights objection that preventive war inevitably
harms innocents, he stresses that all wars harm innocents and that just wars
ultimately ensure human rights. He rejects both pacifism and amoral realism
regarding war, but endorses "a form of jus in bello that offers protection of
human rights at a lower baseline level than the morality of civilian life." This
lower bar for justified killing, he says, validates lethal responses to threats
in "anarchic settings" (183, 185), notably when rogue states aim to construct
WMDs. He then rationalizes unilateral intervention by analogy with a rule-of-law
government that investigates, arrests, and punishes criminal conspirators. Here
in particular he tries to dismantle Rodin's argument that asserting opposition
to a conspiracy to justify military action is inherently paradoxical.
3. Two writers see no reliable justification for military action in
preventive war doctrine: applied ethicist Suzanne Uniacke (Hull) denies that
such action qualifies as self-defense (chap. 3: "On Getting One's Retaliation in
First," 69-88) and war theory specialist and philosopher David Rodin (Oxford)
maintains it can be supported neither as a consequentially preferable course of
action nor as self-defense under just war theory (chap. 6: "The Problem with
Prevention," 143-70).
Approaching preventive war via a kind of semantic interpretation of just war
theory's self-defense standard, Uniacke contends that "the use of aggressive
force is subject to different, more stringent ethical norms than is the use of
retaliatory force in self-defense" (88). Preventive war is thus immoral because
it does not constitute self-defense, that is, retaliation against harm endured.
Rodin rules preventive war immoral on both consequentialist and self-defense
grounds. He asserts that consequentialist assessments of war cannot accurately
establish "the long-term balance of consequences" (146), and rule
consequentialist arguments create an impasse to the justification of preventive
war. Luban's approach in particular unacceptably broadens the scope of
permissible war and is ambiguous as to the rules of war and competitors'
strategies against one another. This debate is far from resolved among its
participants. Also an invitation to further debate is Luban's turning criminal
conspiracy law into a rationale for preventive war. This, says Rodin, too easily
validates the propriety of either "a preventive attack against the military
capability of the enemy" or "a rule that permitted planning and preparation for
preventive war" (168). And such validation should not be based on subjective
judgments about others' motivations. After all: "Modern states have standing
armies, and the strategic planning organs of those armies constantly engage in
planning and preparation for military action that is both defensive and
offensive in the tactical sense. In the modern world, therefore, active
preparation for war can be taken as a given for most states" (169).
This raises two pressing practical questions in an otherwise theoretical
discourse: first, what constitutes military action? and second, is any military
power exempt from preventive war standards? Regarding the first, does "military
action" encompass, for example, such US and/or Israeli "shadow war" operations
as the assassination of Iranian nuclear scientists or the contamination of
Iran's nuclear program computers with the Stuxnet worm?[2] Such considerations are
also implicit in Crawford's analysis and the editors' warning that, in the
absence of relevant distinctions, "capabilities are automatically construed as
threats, without consideration of purposes" (20). Nonetheless, despite its
critical importance, this question is not addressed directly in the book.
Contributors assume that a "military action" is what military personnel engage
in or what officials with ruling authority, military or civilian, command
military personnel to do. Although they do refer broadly to pursuit of "a policy
of war" (43), a "rearmament program" (44), "preparation for war in peacetime"
(28), "mobilization" (126, 135), "acquisition of defensive weapons" (73),
"recourse to arms" (184), and—the ultimate shorthand expression—"nuclear
deterrence" (36), they lack the expertise necessary to address the relevant and
arguably determinative ethical issues in business and industry.[3]
The second question pertains especially to the United States, whose
assumption of global responsibilities (see Sinnott-Armstrong, 220, and Crawford,
95-96) is embedded in a vast empire, maintained by certain soft-power measures
but mostly by the unprecedented production, use, and distribution of weapons,
ancillary systems, and military support services. The US direct annual military
budget exceeds that of the next twenty-seven countries combined. And, leaving
aside secret status-of-forces agreements, the United States maintains hundreds
of bases in some sixty countries and territories.[4] Some of these just might be
perceived by other countries as security threats.
David Luban is the most sensitive of the contributors to the challenge this
de facto empire-building poses for those who would adduce moral standards for
preventive war. In an appendix, he even suggests that "the United States can
reasonably be suspected of veering toward rogue status" (199)—unacceptable,
given his robust critique of the neoconservative notion that the United States'
hegemonic role in the world exempts it even from the need to justify its
preventive military actions.[5]
Preemption offers abundant close reasoning about the morality of preventive war. It exemplifies the best of post-9/11 Anglo-American scholarship on the subject.