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The Bush Doctrine and the Use of Force: Reflections on Rule Construction and Application, 9 Loy
Loyola University Chicago International Law Review Volume 9 Article 5 Issue 1 Fall/Winter 2011 2011 The uB sh Doctrine and the Use of Force: Reflections on Rule Construction and Application Paul F. Diehl University of Illinois at Urbana-Champaign Shyam Kulkarni University of Illinois at Urbana-Champaign Adam Irish University of Illinois at Urbana-Champaign Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Paul F. Diehl , Shyam Kulkarni & Adam Irish The Bush Doctrine and the Use of Force: Reflections on Rule Construction and Application, 9 Loy. U. Chi. Int'l L. Rev. 71 (2011). Available at: http://lawecommons.luc.edu/lucilr/vol9/iss1/5 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. THE BUSH DOCTRINE AND THE USE OF FORCE: REFLECTIONS ON RULE CONSTRUCTION AND APPLICATION Paul F. Diehl, Shyam Kulkarni, and Adam Irisht Abstract. .................................................. 71 I. Introduction. ......................................... 72 II. The Basic Elements of the Bush Doctrine .................... 73 III. Normative System v. Operating System Rules ................. 76 IV. Key Elements of a Prospective Bush Doctrine ................. 78 A. Authorization ..................................... 78 1. What is the Threat Threshold That Triggers the Doctrine? . 78 2. Who is Allowed to Authorize Action? . 83 3. Must This Be a Last Resort Option? . 89 B. Execution. ........................................ 91 1. Must the Act Be Exercised Multilaterally or Is Unilateral Action Permitted? . .. 91 2. -
Report for Congress Received Through the CRS Web
Order Code RL31339 Report for Congress Received through the CRS Web Iraq: U.S. Efforts to Change the Regime Updated August 16, 2002 Kenneth Katzman Specialist in Middle Eastern Affairs Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Iraq: U.S. Efforts to Change the Regime Summary In his January 29, 2002 State of the Union message, President Bush characterized Iraq as part of an “axis of evil,” along with Iran and North Korea. The President identified the key threat from Iraq as its development of weapons of mass destruction (WMD), and the potential for Iraq to transfer WMD to the terrorist groups it sponsors. In recent statements, the President and other senior officials have said the United States needs to ensure that Saddam Husayn cannot be positioned to pose a major and imminent threat to U.S. national security. The President’s subsequent statements have left observers with the clear implication that the Administration is leaning toward military action to achieve the ouster of Iraq’s President Saddam Husayn and his Ba’th Party regime, although the President says no decision has been made on the means of achieving regime change. Regime change has been official U.S. policy since October 1998. Even before that, U.S. efforts to oust Saddam have been pursued, with varying degrees of intensity, since the end of the Gulf war in 1991. These efforts primarily involved U.S. backing for opposition groups inside and outside Iraq. According to several experts, past efforts to change the regime floundered because of limited U.S. -
2003 Iraq War: Intelligence Or Political Failure?
2003 IRAQ WAR: INTELLIGENCE OR POLITICAL FAILURE? A Thesis submitted to the Faculty of The School of Continuing Studies and of The Graduate School of Arts and Sciences in partial fulfillment of the requirements for the degree of Master of Arts in Liberal Studies By Dione Brunson, B.A. Georgetown University Washington, D.C. April, 2011 DISCLAIMER THE VIEWS EXPRESSED IN THIS ACADEMIC RESEARCH PAPER ARE THOSE OF THE AUTHOR AND DO NOT REFLECT THE OFFICIAL POLICIES OR POSITIONS OF THE U.S. GOVERNMENT, DEPARTMENT OF DEFENSE, OR THE U.S. INTELLIGENCE COMMUNITY. ALL INFORMATION AND SOURCES FOR THIS PAPER WERE DRAWN FROM OPEN SOURCE MATERIALS. ii 2003 IRAQ WAR: INTELLIGENCE OR POLITICAL FAILURE? Dione Brunson, B.A. MALS Mentor: Ralph Nurnberger, Ph.D. ABSTRACT The bold U.S. decision to invade Iraq in 2003 was anchored in intelligence justifications that would later challenge U.S. credibility. Policymakers exhibited unusual bureaucratic and public dependencies on intelligence analysis, so much so that efforts were made to create supporting information. To better understand the amplification of intelligence, the use of data to justify invading Iraq will be explored alongside events leading up to the U.S.-led invasion in 2003. This paper will examine the use of intelligence to invade Iraq as well as broader implications for politicization. It will not examine the justness or ethics of going to war with Iraq but, conclude with the implications of abusing intelligence. iii ACKNOWLEDGMENTS Thank you God for continued wisdom. Thank you Dr. Nurnberger for your patience. iv DEDICATION This work is dedicated to Mom and Dad for their continued support. -
Iraq: Differing Views in the Domestic Policy Debate
Order Code RL31607 Report for Congress Received through the CRS Web Iraq: Differing Views in the Domestic Policy Debate October 16, 2002 name redacted, Meaghan Marshall, name redacted Research Associates Foreign Affairs, Defense, and Trade Division name redacted Specialist in National Defense Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Iraq: Differing Views in the Domestic Policy Debate Summary The debate over whether, when, and how to prosecute a major U.S. military intervention in Iraq and depose Saddam Hussein is complex, despite a general consensus in Washington that the world would be much better off if Hussein were not in power. Although most U.S. observers, for a variety of reasons, would prefer some degree of allied or U.N. support for military intervention in Iraq, some observers believe that the United States should act unilaterally even without such multilateral support. Some commentators argue for a stronger, more committed version of the current policy approach toward Iraq and leave war as a decision to reach later, only after exhausting additional means of dealing with Hussein’s regime. A number of key questions are raised in this debate, such as: 1) is war on Iraq linked to the war on terrorism and to the Arab-Israeli dispute; 2) what effect will a war against Iraq have on the war against terrorism; 3) are there unintended consequences of warfare, especially in this region of the world; 4) what is the long- term political and financial commitment likely to accompany regime change and possible democratization in this highly divided, ethnically diverse country; 5) what are the international consequences (e.g., to European allies, Russia, and the world community) of any U.S. -
U. S. Foreign Policy1 by Charles Hess
H UMAN R IGHTS & H UMAN W ELFARE U. S. Foreign Policy1 by Charles Hess They hate our freedoms--our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other (George W. Bush, Address to a Joint Session of Congress and the American People, September 20, 2001). These values of freedom are right and true for every person, in every society—and the duty of protecting these values against their enemies is the common calling of freedom-loving people across the globe and across the ages (National Security Strategy, September 2002 http://www. whitehouse. gov/nsc/nss. html). The historical connection between U.S. foreign policy and human rights has been strong on occasion. The War on Terror has not diminished but rather intensified that relationship if public statements from President Bush and his administration are to be believed. Some argue that just as in the Cold War, the American way of life as a free and liberal people is at stake. They argue that the enemy now is not communism but the disgruntled few who would seek to impose fundamentalist values on societies the world over and destroy those who do not conform. Proposed approaches to neutralizing the problem of terrorism vary. While most would agree that protecting human rights in the face of terror is of elevated importance, concern for human rights holds a peculiar place in this debate. It is ostensibly what the U.S. is trying to protect, yet it is arguably one of the first ideals compromised in the fight. -
International Law and the 2003 Invasion of Iraq Revisited
International Law and the 2003 Invasion of Iraq Revisited Donald K. Anton Associate Professor of Law The Australian National University College of Law Paper delivered April 30, 2013 Australian National University Asia-Pacific College of Diplomacy The Invasion of Iraq: Canadian and Australian Perspectives Seminar1 INTRODUCTION Good morning. Thank you to the organizers for inviting me to participate today in this retrospective on the 2003 invasion of Iraq. My role this morning, as I understand it, is to parse the international legal arguments surrounding the invasion and to reconsider them in the fullness of time that has elapsed. It is a role I agreed to take on with hesitation because it is difficult to add much that is new. I suppose I can take comfort in saying what I’ve already said, and saying it again today, because of how I view my obligations as an international lawyer. I believe we lawyers have a duty to stand up and insist that our leaders adhere to the rule of law in international relations and to help ensure that they are held accountable for the failure to do so. As I am sure you are all aware, much remains to be done in terms of accountability, especially in the United States, and it is disappointing that the Obama Administration has so far refused to prosecute what seem to be clear violations of the Torture Convention, including all the way up the chain of command if necessary. Today, however, my talk is confined to the legal arguments about the use of force in Iraq and an analysis of their persuasiveness. -
Presidential Foreign Policy Doctrines
20 July 2015 Presidential Doctrines, the Use of Force and International Order Did the US’ military and legal reactions to the 9/11 attacks fundamentally transform its foreign and security policies? Joseph Siracusa doesn’t think so. He argues that the so-called Bush and Obama Doctrines have had more in common with previous presidential approaches than most people realize. By Joseph Siracusa for ISN In the ever-changing landscape of international relations, the extent to which the actions of the United States contribute to justice and order remains a source of contentious debate. Indeed, it is difficult to find a point in recent history when the United States and its foreign policy have been subject to such polarised and acrimonious reflection, both domestically and internationally. Notwithstanding recent ‘decline’ debates and the rise of emerging powers, the United States continues to hold a formidable advantage over its chief rivals in terms of formal power assets more than twenty-five years after the end of the Cold War. Few anticipated this situation; on the contrary, many assumed that, after a brief moment of unipolarity following the collapse of the Soviet Union, international affairs would soon regain a certain symmetry. Instead, US hegemony is still par for the course. In this context, because the foreign policy ‘doctrines’ of American presidents remain an important driver of the outlook of the United States, these doctrines continue to play a significant role in shaping international order. Though they have veered from isolationist to interventionist to expansionist over the years, these doctrines in fact exhibit a remarkable continuity – even in the post 9/11 era. -
Iraq and Yemen: the New Iranian Proxies? Visit WEB Receive Newsletter
Opinion Document 58/2018 May 17, 2018 Ana Belén Soage* Iraq and Yemen: The new Iranian proxies? Visit WEB Receive Newsletter Iraq and Yemen: The new Iranian proxies? Abstract: Iran projects its influence in the Middle East through what has come to be known as the Axis of Resistance, which includes the Syrian regime, Hizbullah in Lebanon, and Hamas and Islamic Jihad in the Palestinian Territories. Over the last decade, two new forces have often been added to the Iranian-led alliance: the Shiite militias in Iraq and the Yemeni Houthis. The two cases are rather different, however. While there is significant evidence that Iran has invested much in Iraq, its efforts in Yemen appear much more modest. Keywords: Iran; Iraq; Yemen; Hizbullah; Houthis; Hamas; Axis of Resistance; Gulf Cooperation Council; Saudi Arabia. * NOTE: The ideas contained in the Opinion Documents are the responsibility of their authors, without necessarily reflecting the thinking of the IEEE or the Ministry of Defense. Documento de Opinión 58/2018 1 Iraq and Yemen: The new Iranian proxies? Ana Belén Soage Introduction The Islamic Republic of Iran is a revisionist power, dissatisfied with the current regional order in the Middle East and seeking opportunities to alter it. It took advantage of the flawed US response to 9/11 to consolidate its narrative around the theme of the Axis of Resistance, and it continued to intervene in weak states through disgruntled actors with similar anti-Western and anti-Israel rhetoric, whatever their political and religious orientation. The outbreak of the Arab Spring gave a temporary boost to the Iranian narrative but prompted a reaction from the Saudi-led GCC which put the Axis of Resistance on the defensive, notably in Syria. -
Fresh Start Or Stay the Course? It's a Dead Heat; So Is the Race
ABC NEWS POLL: CAMPAIGN TRACKING #6 - 10/22/00 EMBARGOED FOR RELEASE AFTER 6:30 p.m. Monday, Oct. 23, 2000 Fresh Start or Stay the Course? It's a Dead Heat; So is the Race Al Gore has clawed his way back to a dead heat in the presidential race as voters ponder the choice before them: Go for a fresh start, or keep the current course. That question, central to this campaign, divides opinion evenly – 44 percent of likely voters say the country needs a fresh beginning, 46 percent say it should stay on track. Votes largely follow, producing a 47-47 percent tie between Gore and George W. Bush. That continues a slight improvement for Gore, who's inched up from a low of 43 percent support last week. It's been this way since the Democratic convention: Every time one of these candidates seems to start a move, the other battles back. Overall the race has been – and remains – nothing but close. Bush's support since Labor Day has hovered between 46 and 48 percent; Gore's, 43 to 48 percent. Ralph Nader and Pat Buchanan remain in the low single digits. Indeed the race today is exactly where it was right after Labor Day. 60 50 Bush 40 Gore 30 The 2000 Election ABC News and ABC News/Washington Post Polls Results are among likely voters 20 10 Nader Buchanan 0 g t ay Oc M Jun July Au Sept Gore Bush Nader Buchanan 10/22 47% 47 3 1 10/20 45 48 3 1 10/19 43 48 3 1 10/15 44 48 4 1 10/9 45 48 3 * 10/1 48 46 3 1 9/6 47 47 3 * (Full trend below) The race has shown only small movements on a night-to-night basis. -
The Bush Revolution: the Remaking of America's Foreign Policy
The Bush Revolution: The Remaking of America’s Foreign Policy Ivo H. Daalder and James M. Lindsay The Brookings Institution April 2003 George W. Bush campaigned for the presidency on the promise of a “humble” foreign policy that would avoid his predecessor’s mistake in “overcommitting our military around the world.”1 During his first seven months as president he focused his attention primarily on domestic affairs. That all changed over the succeeding twenty months. The United States waged wars in Afghanistan and Iraq. U.S. troops went to Georgia, the Philippines, and Yemen to help those governments defeat terrorist groups operating on their soil. Rather than cheering American humility, people and governments around the world denounced American arrogance. Critics complained that the motto of the United States had become oderint dum metuant—Let them hate as long as they fear. September 11 explains why foreign policy became the consuming passion of Bush’s presidency. Once commercial jetliners plowed into the World Trade Center and the Pentagon, it is unimaginable that foreign policy wouldn’t have become the overriding priority of any American president. Still, the terrorist attacks by themselves don’t explain why Bush chose to respond as he did. Few Americans and even fewer foreigners thought in the fall of 2001 that attacks organized by Islamic extremists seeking to restore the caliphate would culminate in a war to overthrow the secular tyrant Saddam Hussein in Iraq. Yet the path from the smoking ruins in New York City and Northern Virginia to the battle of Baghdad was not the case of a White House cynically manipulating a historic catastrophe to carry out a pre-planned agenda. -
Terrorism and Global Mobility
U.S. Versus Them The effects of the September 11 attacks on migration policy in the United States and how this has influenced visa issuances to migrants from Muslim-majority countries in particular Anke van Gils Bachelor Thesis Geography, Planning and Environment (GPE) Nijmegen School of I Management Radboud University Nijmegen July 2020 U.S. Versus Them The effects of the September 11 attacks on migration policy in the United States and how this has influenced visa issuances to migrants from Muslim-majority countries in particular Author Anke van Gils Student Number S1003915 Supervisor Prof. Dr. Henk van Houtum Bachelor Thesis Geography, Planning and Environment (GPE) Nijmegen School of Management Radboud University Nijmegen July 2020 II Summary This Bachelor’s thesis focusses on the impacts of the September 11 attacks on visa issuances to migrants from Muslim-majority countries, in comparison to those to migrants from other countries. Since post-9/11 political and media discourse have influenced the general view of Muslims toward a more negative image, one might expect that this has also had a restrictive influence on visa issuances to migrants from Muslim-majority countries. The purpose of this thesis is therefore to find out whether migration policies have indeed become more restrictive for Muslim migrants in particular, and whether we see this impact in a larger decrease in issuances to migrants from this category, as compared to other migrants. To answer this, various methods have been used. First, a general literature framework was established through examining existing literature on how foreign policies are being developed, how these have affected global mobility over the years, and on how framing and securitization processes can affect these policy developments. -
Smart Defense and the Future of NATO: Can the Alliance Meet the Challenges of the Twenty-First Century?
Smart Defense and the Future of NATO: Can the Alliance Meet the Challenges of the Twenty-First Century? March 28-30, 2012 Chicago, Illinois Conference Report and Expert Papers Dr. Lisa Aronsson and Dr. Molly O’Donnell Conference Report Coauthors Presented by The Chicago Council on Global Affairs This conference and publication were generously supported by: NATO Public Diplomacy Finmeccanica UK Ltd Robert Bosch Stiftung Consulate General of Canada in Chicago Saab Cooper Family Foundation Konrad-Adenauer-Stiftung DePaul University NATO’s Inward Outlook: Global Burden Shifting Josef Braml Editor-in-Chief, DGAP Yearbook, German Council on Foreign Relations (DGAP) Abstract: While European NATO partners have their difficulties coping with economic problems, the dire eco- nomic and budgetary situation in the United States matters more for the alliance. We have become familiar with the challenges European members face in fulfilling their obligations. But we should understand that NATO’s lead nation, shouldering three-quarters of the alliance’s operating budget, is in deep economic, bud- getary, and political trouble. Hence the United States will seek ways to share the burden with partners inside and outside NATO. With the instrument of a “global NATO,” the United States continues to assert its values and interests worldwide. In addition to the transatlantic allies, democracies in Asia will be invited to contribute their financial and military share to establish a liberal world order. Domestic pressure: The power of the from Congress to check spending, would make it necessary for the commander in chief to find a way empty purse to cost-effectively balance the competing demands for resources in his new security strategy.