Was the Gulf war a just war ?
In 1991 the new international order is threatened by one man, Saddam Hussain, who has deliberately broken the international rules by aggressing one of his Arab neighbours -Kuwait. A far-reaching decision is then taken : to declare war on Iraq. More than 10 years later, the situation in the Gulf region remains unsolved. This observation raises a question : What was the use of a war in 1991 if the international order is still in jeopardy 10 years later ? Was the Gulf War a "just war" ?Then the concept of "just war" reappears suddenly. But the notion is far from being a new one. It pervades the western tradition on war from Saint Augustine to Grotius and later on the international law. This "doctrine" provides us with two useful elements : One the one hand, the concept of jus as bellum addresses the question of the justification of force ; On the other hand, the concept of jus in bellum concerns the restraints and limits on how force may be use. Thus are expressed the criteria to define whether or not a war is "just".We can justify the use of force thanks to the concepts of "just cause", last resort, right authority, and proportionality.First, what is a "just cause" ? In the tradition, for a just cause to
The first report spoke of 500 civilians killed, mainly children and women. As stated President Bush : "What is at stake is more than one small country : it is a big idea : a new world order - where diverse nations are drawn together in common cause, to achieve the universal aspiration of mankind : peace and security, freedom and the rule of law"14. As a result, the concept of jus in bellum appears to be a will to break with the notion of total war which implies mass destruction. The line between war and peace had been drawn and it is henceforth up to Saddam Hussain to choose. Kuwait's economic status does not alter the fact that it has been attacked by Iraq. Saddam Hussain resorted to the justification that Kuwait once was part of historic Iraq4. The main reason is that it is not Saddam Hussain who launched the Gulf War strictly speaking. But was not this justified by the fact the USA was the only leader of the new international order and the first military power ? Finally, we have to analyse whether the "counting cost" of war had been taken into account. Such a use of force was unjustified and justly shocked the international community. To address the issue, it is necessary to refer to two concrete elements or events. In the case of the Gulf War, General Swartzkopf himself stated that "this is not a war against the Iraqi people". Thus, the Gulf war, as concerns its motivation, can be consider a "just war" or at least a legal one. It is there a real declaration of war against Baghdad, and not a "wild" aggression. The Resolution 668 allowed Iraq "one final opportunity to comply fully with all eleven resolutions on the conflict already passed".
Common topics in this essay:
Gulf War,
UN Gulf,
War Swartzkopf,
International Law,
VI Nuremberg,
Kuwait City,
Council's Resolutions,
Saddam Hussain,
Iraq4 Anyway,
Augustine Grotius,
gulf war,
international law,
jus bellum,
saddam hussain,
concept war,
concept jus,
concept jus bellum,
legal war,
conclusion gulf war,
notion proportionality,
motives coalition,
war iraqi,
decision wage war,
hand concept jus,
|
Acceptance Essays
