Ethics, Authority, and War Also by Eric A. Heinze Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention Also by Brent J. Steele Ontological Security in International Relations: Self-Identity and the IR State Defacing Power: The Aesthetics of Insecurity in Global Politics Ethics, Authority, and War Non-state Actors and the Just War Tradition Edited by Eric A. Heinze and Brent J. Steele ethics, authority, and war Copyright © Eric A. Heinze and Brent J. Steele, 2009 Softcover reprint of the hardcover 1st edition 2009 978-0-230-61674-5 All rights reserved. First published in 2009 by PALGRAVE MACMILLAN® in the United States - a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the World, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throught the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-38014-5 ISBN 978-0-230-10179-1 (eBook) DOI 10.1057/9780230101791 Library of Congress Cataloging-in-Publication Data Ethics, authority, and war : non-state actors and the just war tradition / edited by Eric A. Heinze and Brent J. Steele. p. cm. 1. International relations—Moral and ethical aspects. 2. Just war doctrine. 3. Humanitarian intervention—Moral and ethical aspects. I. Heinze, Eric. II. Steele, Brent J. JZ1306.E878 2009 172.42—dc22 2009012782 Design by Integra Software Services First edition: December 2009 10987654321 Contents List of Tables vii Preface and Acknowledgments ix Notes on Contributors xiii 1 Introduction: Non-state Actors and the Just War Tradition 1 Eric A. Heinze and Brent J. Steele 2 From Versailles to 9/11: Non-state Actors and Just War in the Twentieth Century 21 Cian O’Driscoll 3 Authority and the Problem of Non-state Actors 47 Anthony F. Lang, Jr. 4 What Happened to Punishment in the Just War Tradition? 73 Harry D. Gould 5 War Crimes Trials and the Just War Tradition 101 Michael J. Struett 6 Private Military Companies, Just War, and Humanitarian Intervention 123 Eric A. Heinze 7 Gender, Just War, and Non-state Actors 151 Laura Sjoberg 8 “Justice is Conscience”: Hizbollah, Israel, and the Perversity of Just War 177 Brent J. Steele and Jacque L. Amoureux 9 Jus Post Bellum, Peacebuilding, and Non-state Actors: Lessons from Afghanistan 205 Melissa Labonte vi C ONTENTS 10 Conclusion: Elusive Distinctions, Epochal Changes 239 Nicholas Onuf Bibliography 253 Index 277 List of Tables 9.1 A Compilation of Emergent Principles of Jus Post Bellum 211 9.2 Jus Post Bellum Goals and Corresponding Peacebuilding Modalities 216 This page intentionally left blank Preface and Acknowledgments The idea for this book came about from a conference panel that the present editors organized on “Just War and Non-state Actors” at the 2008 International Studies Association (ISA) conference in San Francisco, CA. In addition to the original participants on this panel, we are extremely lucky to have been able to locate such a fine group of scholars to con- tribute to this volume. It should be mentioned at the outset that most of the contributors to this volume took their formal academic training as political scientists, or were otherwise trained in the fields of politics and international relations. We therefore approach the just war tradition not only as a philosophical doctrine or ethical tradition about armed conflict, but also as a political process, wherein certain acts and actors in inter- national relations may or may not be granted some degree of legitimacy. This volume thus construes “the just war tradition” in the broadest of terms to include not only the ecclesiastical writings associated with early Christianity, but also ethical traditions that flow from Modern natural law theory, various strands of political and international relations theory, con- temporary positivist international law, and indeed the broader normative conversation about the legitimacy of war, which now spans over two mil- lennia. While we invoke the just war tradition in the title of this volume, and employ it because it provides a familiar moral vocabulary about the legitimacy of war, few of the contributors to this volume actually con- sider themselves “just war theorists.” Rather, we are mainly scholars of international relations who are engaging in normative theorizing about a particularly salient issue in contemporary international affairs. In this sense, the volume before you is a synthesis of normative theory, interna- tional relations, ethics, philosophy, and international law, but is perhaps best understood as an exercise in international political theory. The reader may also notice that many of the contributors to this volume resemble what one reviewer referred to as “rising stars” in the field, rather than “established authorities.” We embrace this label whole- heartedly. It goes without saying that we are extremely grateful to have x P REFACE AND A CKNOWLEDGMENTS outstanding chapters written by our more senior contributors, which are excellent contributions in their own right and undoubtedly add to the quality and erudition of this volume. Yet for the purpose of this book, the aforementioned reviewer’s choice of words speaks directly to what we hope to achieve with this volume. As the title indicates, this book is very much about “authority”—specifically, who is said to have the proper authority to initiate and participate in armed conflict. The just war tra- dition can be said to contain many different “theories of authority” that prescribe who may or may not legitimately engage in war, though with an unequivocal focus on the territorial state. States have been consid- ered to be the “established authorities” when it comes to war fighting, which has traditionally been considered both an empirical and normative observation. This volume contests such conventional wisdom—certainly on empir- ical grounds but correspondingly, therefore, on normative grounds. Non- state actors are participating in war and have been for some time. But many non-state actors today possess few, if any, of the state-like attributes that previously led international society to make exceptions for their war undertakings (e.g., control of territory, desire to participate in governance, etc.), and are increasingly challenging this statist paradigm. New actors outside of the “established authorities” of the states system—terrorist organizations, militias, private military companies—are fighting wars that increasingly have global consequences. We believe that such developments necessitate looking beyond the usual “established authorities” of an aca- demic field for answers to such challenges, and turning toward scholars who bring new thinking, fresh ideas, and original scholarship to bear on these questions. We hope that this volume leads its readers to think out- side the box when it comes to who is said to have the authority to do what, and for what purpose, and to perhaps consider different views— besides only those of the putative “established authorities”—that include new ways of thinking by scholars from an emerging generation about the challenges that confront the world today. As with any book project, the editors are extremely thankful for all the help we have received along the way in making this volume come to fruition. We especially want to thank the staff at Palgrave Macmillan— especially Toby Wahl and Asa Johnson—for moving quickly to get the manuscript reviewed and for procuring some very helpful and thoughtful external reviews of the project, and to Farideh Koohi-Kamali and Robyn Curtis for seeing it to production in such a timely fashion. We also want to express our deep gratitude to Nick Onuf, not only for writing the con- cluding chapter, but also for performing beautifully as the discussant on the original ISA panel that was the catalyst for this volume. We are thus P REFACE AND A CKNOWLEDGMENTS xi very thankful to scholars like Nick, who take the time to help younger scholars find direction in the profession and challenge us to think through our ideas. One could just as easily say the same of our friend, colleague, and contributor Tony Lang, who has helped both of us immensely in the early stages of our careers. And, of course, we are extremely grateful to all our contributors, both for coming on board the project when there was no guarantee of publication, and for all their hard work on their chapters since that time. All of the contributors have been extremely responsive to our suggestions, very patient as we worked out the details of the project, and, most importantly, very attentive to deadlines. Brent Steele would like to thank the following: Several of my col- leagues at the University of Kansas and elsewhere provided professional advice and moral support which helped to bring this project to an edited book, including but not limited to Ryan Beasley, Hannah Britton, Don Haider-Markel, and Juliet Kaarbo. Several individuals attended the ISA 2008 panel in San Francisco and provided insightful comments that helped the project as a whole, including my good friends Jon Acuff, Jon D. Carlson, and Jeremy Youde. I want to thank my family, most notably my grandfather, Eldon Akers, my brother-in-law Michael Strohman, and my brother Kyle Steele, who each in their own unique ways helped to take my mind away from work through chats about the more enjoyable things in life. Kyle’s family—Lisa, Brenan, and Kaleb—have been immeasur- able sources of support and encouragement for me throughout my career. My wife, Mindy, has been a basis of encouragement, love, and assistance for me even when I didn’t deserve it.