Ethics as Response: A Critical Analysis of Michael Walzer’s Just War Theory in the Context of Iraq A Thesis submitted to the University of Manchester for the degree of Doctor of Philosophy In the Faculty of Humanities 2013 Ronan O’ Callaghan School of Social Sciences Contents LIST OF ABBREVIATIONS 4 ABSTRACT 5 DECLARATION 6 COPYRIGHT STATEMENT 7 DEDICATION 8 ACKNOWLEDGMENTS 9 INTRODUCTION: ENGAGING WITH WAR 11 PRELUDE 11 SITUATING THE ARGUMENT 12 A DECONSTRUCTIVE APPROACH TO THE JUST WAR TRADITION 15 HISTORY AND THE PROBLEM OF REPRESENTATION 19 HISTORY AND REVOLUTION 22 STRUCTURE OF THE THESIS 25 CONCLUSION 27 1 MICHAEL WALZER'S MORALITY 29 INTRODUCTION 29 THERE IS A THIN MAN INSIDE EVERY FAT MAN 31 SELF-DETERMINATION AND MEMBERSHIP 35 DECLARATION AND THE BIRTH OF COMMUNITY 41 MEMBERSHIP AND ALTERITY 46 WAR AND MAXIMAL MORALITY 50 TEMPORAL REVELATION AND BEING 57 DIFFÉRANCE AND SECULAR THEOLOGY 60 CONCLUSION 63 2 DERRIDA AND ETHICS 66 INTRODUCTION 66 ETHICS AS FIRST PHILOSOPHY 68 COMMUNITY AS THE POSSIBILITY OF JUSTICE 77 ETHICAL ACTION AS SACRIFICE 86 UNDECIDABILITY AS JUSTICE FOR THE OTHER 94 CONCLUSION 101 3 NONCOMBATANT IMMUNITY 104 INTRODUCTION 104 IDENTIFYING THE TARGET 107 COMBATANT RIGHTS 109 2 JUSTIFYING THE LOSS OF RIGHTS 116 SIMPLY BY FIGHTING 117 DANGER AND THREAT 122 FREEDOM AND SACRIFICE 130 CONCLUSION 134 4 DOUBLE EFFECT AND ITS PARASITES 136 INTRODUCTION 136 THE DOCTRINE OF DOUBLE EFFECT 137 PARDON ME FOR NOT MEANING TO … 140 IN ALL GOOD FAITH 146 POLICING WITH DUE CARE 151 DEEPENING DOUBLE EFFECT 157 SIEGE WARFARE: AN ILLUSTRATIVE EXAMPLE 160 ETHICS AS DOUBLE EFFECT 165 CONCLUSION 169 5 SELF-DETERMINATION AND THE VIOLENT RECONSTRUCTION OF IRAQ 171 INTRODUCTION 171 AIMING TOWARD A JUST RESOLUTION 173 THE BUSH ADMINISTRATION AND JUST RESOLUTION IN IRAQ 177 THE FALL OF SADDAM AND THE RISE OF POLITICAL ISLAM 182 THE CONSTITUTIONAL DEBATE AND THE UNITED IRAQI ALLIANCE 186 SUNNI RESISTANCE AND DE-BA'ATHIFICATION 190 RESISTANCE AS A POLITICAL RESPONSE 194 CIVIL WAR AND POSTWAR JUSTICE 198 CONCLUSION 201 CONCLUSION: RESPONDING TO IRAQ 203 ETHICAL RESPONSIBILITY IS UNTIDY 203 WHAT THE HELL IS WATER? 208 SHATTERING SISYPHUS 211 RESPONDING TO IRAQIS 214 BIBLIOGRAPHY 217 WORD COUNT: 81,599 3 List of abbreviations COIN Counter Insurgency CPA Coalition Provisional Authority IED Improvised Explosive Device IGC Iraqi Governing Council IR International Relations SCIRI Supreme Council for the Islamic Revolution in Iraqi TAL Transitional Administrative Law U.S. United States of America UIA United Iraqi Alliance UN United Nations 4 Abstract Ethics as Response: A Critical Analysis of Michael Walzer’s Just War Theory in the Context of Iraq A Thesis Submitted to the University of Manchester for the degree of Doctor of Philosophy in the Faculty of Humanities, Ronan O’ Callaghan, The University of Manchester In recent years, human rights discourse has become increasingly intertwined in the justifications presented for Western wars and interventions. The aim of this thesis is to illustrate the problems implicated in human rights based justifications of war and violence. To achieve this aim, this work makes three primary contributions to International Relations scholarship. First, the thesis provides a robust critique of Michael Walzer’s conception of ethical responsibility and his rights based justification of war. Second, I describe an alternative understanding of ethical responsibility that follows from the work of Jacques Derrida, ethics as response. And third, I demonstrate, thorough a reading of the 2003 Iraq War, how ethics as response can provide us with a better understanding of what it means to act ethically in times of war. The central argument presented in this thesis is that rights based justifications of war are predicated upon the belief that moral rules of conduct help us to resolve questions of ethical responsibility in war: moral rules tell us what the right thing to do is and show us how we can act in a morally justified way. This thesis argues that moral rules narrow our understanding of ethical responsibility by promoting adherence to the law rather than responsibility to other people. In contrast, ethics as response provides a model of ethical action that denies the possibility of satisfaction and, thereby, advocates sustained engagements with the consequences of violent action. Ultimately, the idea of ethics as response calls our attention to the uncertainty and uncontrollability implicated in violent actions justified in the name of human rights. 5 Declaration I hereby declare that that no portion of the work referred to in the thesis has been submitted in support of an application for another degree or qualification of this or any other university or other institute of learning. 6 Copyright Statement i. The author of this thesis (including any appendices and/or schedules to this thesis) owns certain copyright or related rights in it (the “Copyright”) and s/he has given The University of Manchester certain rights to use such Copyright, including for administrative purposes. ii. Copies of this thesis, either in full or in extracts and whether in hard or electronic copy, may be made only in accordance with the Copyright, Designs and Patents Act 1988 (as amended) and regulations issued under it or, where appropriate, in accordance with licensing agreements which the University has from time to time. This page must form part of any such copies made. iii. The ownership of certain Copyright, patents, designs, trade marks and other intellectual property (the “Intellectual Property”) and any reproductions of copyright works in the thesis, for example graphs and tables (“Reproductions”), which may be described in this thesis, may not be owned by the author and may be owned by third parties. Such Intellectual Property and Reproductions cannot and must not be made available for use without the prior written permission of the owner(s) of the relevant Intellectual Property and/or Reproductions. iv. Further information on the conditions under which disclosure, publication and commercialisation of this thesis, the Copyright and any Intellectual Property and/or Reproductions described in it may take place is available in the University IP Policy (see http://www.campus.manchester.ac.uk/medialibrary/policies/intellectual- property.pdf), in any relevant Thesis restriction declarations deposited in the University Library, The University Library’s regulations (see http://www.manchester.ac.uk/library/aboutus/regulations) and in The University’s policy on presentation of Theses. 7 Dedication To Laura, you are my centre. 8 Acknowledgements Working on a PhD is a difficult task, one in which your mind threatens to collapse in on itself from all the nagging doubts and insecurities that permeate your head on a daily basis. As most people who have successfully completed a PhD will attest, getting to the point of submission is possibly only because of the love and support offered by a group of fantastic, and patient, people. First, I would like to thank my supervisors, Maja Zehfuss and Peter Lawler for their incremental help throughout my PhD. When I started a MA in International Relations five years ago I had no intention of going on to do a PhD: this was supposed to be a quick job, in and out in one fell swoop. It is a testament to your support, encouragement and belief in me that I not only decided to embark on a PhD, but actually completed it. I am immeasurably grateful for everything that both of you have done for me during the last five years, thank you. I would like to thank my colleagues (former and present), who have been a constant source of support and inspiration throughout the last few years. I would especially like to thank Jamie Johnson, Julia Welland and Róisín Read. I have had the pleasure of working alongside you for the past five years and I could not have asked for better friends to share this journey with. I thank my colleagues at the University of Manchester for improving me and my work in a multitude of ways: Veronique Pin-Fat, Gareth Price-Thomas, Cristina Masters, Emmanuel- Pierre Guittet, Henrique Furtado, Thomas Gregory, Tom Houseman, Oliver Turner, Kathryn Starnes, Astrid Nordin, Rebecca Ehata, Sara Marie- Siobhán Kallock, Rachel Massey, Emmy Eklund, Tomas Maltby, Aggie Hirst, Giulia Sirigu, Rob Munro, James Alexander, Guro Buchanan, David Tobin, Precious Chatterje-Doody, Dean Redfearn and Laura White. I am also grateful to the ‘core’ members of the Levinas reading group, Alexander Samely, Andrew Wilshere and Reuven Silverman, our discussions helped me grasp the basics of some really complicated ideas, and I would not have been able to make the arguments I have made in this thesis without your input. In addition, I would like to thank Cian O’ Driscoll for his continued interest in, and support for, my work. 9 This thesis was made possible by generous funding from the University of Manchester through the University of Manchester, School of Social Sciences Politics PhD Studentship. Additional funding was received from the Norman Chester research grant fund and the British International Studies Association Founders Fund. Parts of this thesis comprises of revised versions of a work that I have published elsewhere. Aspects of Chapters One, Two and Three are included in “Secular theology and noble sacrifice: the ethics of Michael Walzer’s just war theory”, Review of International Studies, Vol. 39, Issue 2, pp.361-383. I would like to express eternal gratitude to my family and friends for dragging me through the last few years. None of this would have been possible without the love and support of my partner Laura. I am lucky to have met such a uniquely kind, caring and compassionate person, who for the past six years has been at the centre of everything good in my world.