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TRADITIONS of WAR This Page Intentionally Left Blank Traditions of War TRADITIONS OF WAR This page intentionally left blank Traditions of War OCCUPATION, RESISTANCE, AND THE LAW KARMA NABULSI 1 3 Great Clarendon Street, Oxford ox2 6dp Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries Published in the United States by Oxford University Press Inc., New York © Karma Nabulsi 1999 The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 1999 First published in paperback 2005 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organizations. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Nabulsi, Karma. Traditions of war: occupation, resistance, and the law/Karma Nabulsi. Includes bibliographical references. 1. War (International law)—History. 2. Combatants and noncombatants (International law)—History. 3. War (International law)—Philosophy. I. Title JZ6387.N33 1999 34.6—dc21 99-15995 ISBN 0-19-829407-7; 978-0-19-829407-8 ISBN 0-19-927947-0 (Pbk.); 978-0-19-927947-0 (Pbk.) 13579108642 Typeset by SNP Best-set Typesetter Ltd., Hong Kong Printed in Great Britain on acid-free paper by Biddles Ltd, King’s Lynn, Norfolk Vincent Wright, Natus ad gloriam. This page intentionally left blank PREFACE TO THE PAPERBACK EDITION Since its publication the traditions of war traced in this book have con- tinued to flourish in the 21st century. Identifying the history of the laws of war, occupation, and resistance in 19th century Europe has not pre- cluded recognizing its continuing applicability in other arenas. The wars in Iraq and Afghanistan, and the continuing occupation of Palestine, confirm the salience of this historical and ideological approach in under- standing the underlying features of war today.What is illuminated is the relevance of conquest, foreign rule, and liberation movements in the manner in which war is fought, and in the rules devised for its conduct. Equally important is that patterns of thought and practice on war must be situated in their historical and conceptual contexts.That international law has been so disregarded during all of these recent military enter- prises can be directly linked to both the ideological positions the invad- ing forces held in recent years in their approach to occupation, and the role they played in those wars; reminders in many respects of occupy- ing armies’ practice and thought in Europe throughout the 19th century. My research has developed since the first edition of this book in a particular trajectory associated with one of the traditions depicted here. I have been exploring in more depth various republican projects to create independent democratic states in 19th and 20th century Europe, whilst simultaneously studying a modern case of republican practice in another state-building project, that of Palestine. Whilst learning (through research in municipal and state archives across Europe) how most states actually emerged through war and struggle in the 19th century, I have come across a host of similar means and methods repub- lican societies use today, and the tracing of these patterns of thought and practice has brought me to a greater understanding of the neces- sary conditions for the creation and maintenance of democratic states. The ideology and practice of republican groups working under occupa- tion brings to light what this struggle for liberty implies for the con- tinuing strength and development of emerging democratic society, the shape of its basic freedoms, and the forms these freedoms take. I wrote the last chapter of this book during my first months as a Prize Research Fellow in Politics at Nuffield College, and I leave Nuffield this viii Preface to the Paperback Edition autumn to take up a University Lectureship and Fellowship in Politics at St Edmund Hall. I have spent a total of seven years at Nuffield, far longer than I expected. Although interrupted by a year away as Jean Monnet Fellow in History at the European University Institute at Florence, my return to the politics of hope on Palestine has been greatly enhanced by my association with this extraordinary College.The Founder’s stated ambition that Nuffield should uphold a link between public service and academic research has made real sense to me in the manner my historical scholarship connects to present political and intel- lectual endeavours. And this aim has meant that my many projects, seminars, meetings, conferences, and schemes to do with the civic and political reconstruction of the Palestinian body politic have found a remarkably warm and encouraging reception here, amongst the Warden, Fellows, students, and staff of Nuffield. Karma Nabulsi Nuffield College February 2005 ACKNOWLEDGEMENTS I know that this work was only possible because I was perched upon the shoulders of a veritable peoples’ army; like all true peoples’ armies, it was made up of individuals who willingly volunteered their energies, each of whom made a vital contribution. As all military theorists know, victories are achieved due to a variety of factors. In my case five were crucial: technical, financial, intellectual, moral, and spiritual. As to the first, many thanks to the disciplined and expert troop of librarians at the Bibliothèque Nationale, the Archives Nationales, the Bibliothèque Polonaise (Adam Mickiewitz), the Bibliothèque His- torique de la Ville de Paris, and the Conseil d’État (all in Paris), and to Robert Thiery of the Bibliothèque d’Études Rousseauistes in Mont- morency; M. Christian Peri of the Centre de Recherches Corses in Corte; the International Committee of the Red Cross, the Institut Henri Dunant, and the Bibliothèque Publique de la Ville de Génève, all in Geneva; the Bodleian Law Library, and the Codrington in Oxford. I would like especially to thank the librarians in the Upper Reading Room of the Bodleian: David Busby, Helen Rogers, and Vera Ryhajilo who never faltered despite being buried under a bombardment of requests. I would also like to thank the archivists of the foreign min- istries of France, Belgium, the United States, and Great Britain in Nantes, Brussels,Washington, DC, and Kew. Many individuals gave doc- uments that proved invaluable; Professor Geoffrey Best supplied hand- written annotations on Brussels, as well as his very own notes on this work in its previous incarnation as a D.Phil.; Colin Lucas generously permitted the pillage of his libraries, both at King’s Mound and Balliol; Professor Adam Roberts came up with numerous obscure texts and a comprehensive bibliography on military occupation and resistance, and Professor Ian Clark was unfailingly encouraging and supportive both during and after the examination of my D.Phil. I had a technical ops team whose work in the arts of translation was phenomenal: first of all a heartfelt thanks to Michal Myck of St Peter’s College, who represents the finest of Polish traditions of peace, and whose work at the National Library in Warsaw gave me both Tadeusz Kosciuszko and Karol Stolz- man. Sono grata a Dr Federico Varese and Luca Nunziata, both of Nuffield College, for the Italian translations of the legendary Carlo Bianco, count of St Jorioz (Freddie also offered helpful words of x Acknowledgements encouragement on the concluding quotation). I am grateful to the National Museum of Wroclaw for the transparency of Artur Grottger’s work ‘Wojna’. My sincere thanks to Nannerl Keohane for giving me my own copy of her inspiring Philosophy and the State in France, which has proved a trusty code-breaking manual for approaching the minefields of the history of thought. Most of all I would like to thank my editor, Dominic Byatt, who has been clever, tough, helpful, wise, and encour- aging in exactly the combination required for a first-time author. And he has been extremely patient as well. Amanda Watkins has shown supreme efficiency and much kindness, as has my copy-editor, Edwin Pritchard, who also demonstrated enormous fortitude of character when confronted with my singular grammar. Finally, a huge thanks to Frank Pert, who has now become the family indexer, for such a magnificent job. As to the second factor, the true quarter-master general who made the entire campaign possible was Yassir Arafat, first by letting me take what turned into a rather extended leave from official duties, secondly for generously furnishing the means to do so, and, finally, for providing me with such a remarkable political education for so many years. In the last few years there also appeared (from the heavens) a legion of friends and family members sporting deeply-cut pockets. First to descend from the skies was (alphabetically) David Astor; rapidly followed by Ian Gilmour, Bob Himoff, Hikmat Nabulsi, Hayat and Peter Palumbo, the Earl and Countess of Portsmouth, and Wafiq Said. The generous per diem given to the Palestinian negotiating team in Washington in 1991–3 allowed for several archival trips.
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