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Home > Resources > Ethics & International Affairs Journal > Volume 18.1 (Winter 2004) > Articles |
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The Preventive Use of Force: A Cosmopolitan Institutional Proposal [Abstract]
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February 3, 2004
Preventive use of force may be defined as the initiation of military action in
anticipation of harmful actions that are neither presently occurring nor
imminent. This essay explores the permissibility of preventive war from a
cosmopolitan normative perspective, one that recognizes the basic human rights
of all persons, not just citizens of a particular country or countries. It
argues that preventive war can only be justified if it is undertaken within an
appropriate rule-governed, institutional framework that is designed to help
protect vulnerable countries against unjustified interventions while also
avoiding unacceptable risks of the costs of inaction. The key to ensuring the
fairness of rules governing the preventive use of force is accountability.
This essay proposes a scheme that would make those promoting and those
rejecting the preventive use of force more accountable. The proposal contains
the following crucial features:
- States proposing preventive war are required to enter into a contract with a
diverse body of states as a condition for authorization of their actions;
- Prior to taking preventive action, states must make an evidence-based case
to the UN Security Council, and agree in advance to submit themselves to an
evaluation by an impartial body after the preventive action occurred;
- Both proponents of action and those opposing it will be held accountable ex
post for the accuracy of their prior statements and the proportionality of their
actions;
- Sanctions will be imposed against intervening states or states that opposed
preventive action, respectively, depending on the findings of the ex post
evaluation.
- If preventive action were blocked in the Security Council, states seeking to
engage in preventive action could then present their case in a different body-a
coalition of democratic states-with its own ex post and ex ante accountability
procedures.
To read or purchase the full text of this article, click here.
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The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.
SUBSCRIPTIONS
To subscribe to Ethics & International Affairs, or to purchase individual issues and articles, go to Wiley-Blackwell.
RESPONSES
The Editors welcome responses to Features and Essays published in Ethics & International
Affairs. To be considered for publication, responses should be no longer than one
thousand words, including endnotes (which
should be kept to a minimum). Responses
are not peer-reviewed, and are published at
the Editors' discretion. All responses are
subject to editing for length and style. In the
event of any questions or substantive editing,
the response will be returned to the author
for final approval prior to publication.
Responses are published online, alongside
the article they address.
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