Description
An analysis of the authority of internationally-authorized armed interventions, considering experiences of nine democracies.
Nine democracies discussed (Canada, France, Germany, India, Japan, Norway, Russia, UK and US) contribute to military operations sanctioned by the UN and NATO. On whose authority, and with what oversight? This analysis of internationally-authorized armed interventions and democratic accountability raises concerns about the nation-state, international organizations, and democratic armed forces.
Nine democracies discussed (Canada, France, Germany, India, Japan, Norway, Russia, UK and US) contribute to military operations sanctioned by the UN and NATO. On whose authority, and with what oversight? This analysis of internationally-authorized armed interventions and democratic accountability raises concerns about the nation-state, international organizations, and democratic armed forces.
The spread of democracy to a majority of the world's states and the legitimization of the use of force by multilateral institutions such as NATO and the UN have been two key developments since World War II. In the last decade these developments have become intertwined, as multilateral forces moved from traditional peacekeeping to peace enforcement among warring parties. This book explores the experiences of nine countries (Canada, France, Germany, India, Japan, Norway, Russia, UK and US) in the deployment of armed forces under the UN and NATO, asking who has been and should be accountable to the citizens of these nations, and to the citizens of states who are the object of deployments, for the decisions made in such military actions. The authors conclude that national-level mechanisms have been most important in assuring democratic accountability of national and international decision-makers.
List of figures; List of tables; Notes on contributors; Preface; List of abbreviations; Part I. Introduction: 1. Broaching the issues Charlotte Ku and Harold K. Jacobson; Part II. The Domestic and International Context: 2. The interface of national constitutional systems with international law and institutions on using military forces: changing trends in executive and legislative powers Lori F. Damrosch; 3. Domestic political factors and decisions to use military forces Karen A. Mingst; 4. Collective security, peacekeeping, and ad hoc multilateralism Edwin M. Smith; 5. The legal responsibility of military personnel Robert C. R. Siekmann; Part III. Traditional Contributors to International Military Operations: 6. Canada: committed contributor of ideas and forces, but with growing doubts and problems Fen Osler Hampson; 7. Norway: political consensus and the problem of accountability Knut G. Nustad and Henrik Thune; 8. India: democratic, poor, internationalist Ramesh Thakur and Dipankar Banerjee; Part IV. Newcomers to International Military Operations: 9. Japan: moderate commitment within legal strictures Akiho Shibata; 10. Germany: ensuring political legitimacy for the use of military forces by requiring constitutional accountability Georg Nolte; Part V. Permanent Members of the UN Security Council: 11. Russian Federation: the pendulum of powers and accountability Bakhtiyar Tuzmukhamedov; 12. France: Security Council legitimacy and executive primacy Yves Boyer, Serge Sur and Olivier Fleurence; 13. The United Kingdom: increasing commitment requires greater parliamentary involvement Nigel D. White; 14. The United States: democracy, hegemony, and account
Chapter
Issues of democratic accountability
International authorization to use military forces
National authorization to use military forces
Democratic civilian control of military personnel and operations
Civilian responsibility to the military for the safety of deployed personnel
Responsibility to comply with norms governing the conduct of military and other international personnel in the field
The structure of the study
The framework for the analyses
Part II The domestic and international context
2 The interface of national constitutional systems with international law and institutions on using military forces…
Trends in constitutional control over the use of force in the seventeenth to twentieth centuries
Collective security and collective self-defense: issues for the United States
Developments in other countries
Illustrative conflicts: constitutional issues in multinational military operations
Constitutional considerations for particular countries
3 Domestic political factors and decisions to use military forces
Contending political groups
The impact of domestic political considerations by type of peace operation
Domestic and international politics: changes over time
4 Collective security, peacekeeping, and ad hoc multilateralism
Putting collective security into practice
The League of Nations: an institutional legacy
An evolving security role for the United Nations
Filling security gaps during the Cold War
Post-Cold War transitions
Challenges to international peace operations at the end of the twentieth century
Regional security arrangements and ad hoc multilateralism
Conclusion: the United Nations and ad hoc multilateralism
5 The legal responsibility of military personnel
The status of military personnel in UN peace support operations
UN law: mandate and terms of reference
Status-of-forces agreements and participation agreements
The applicability of international humanitarian law to UN peace support operations
The status of military personnel in NATO peace support operations
Part III Traditional contributors to international military operations
6 Canada: committed contributor of ideas and forces, but with growing doubts and problems
Constitutional and legal situation
Debates about peacekeeping and the use of force
Monitoring and observation
Force to ensure compliance with international mandates
Peacekeeping with state-building
Canada’s continued commitment to international operations
7 Norway: political consensus and the problem of accountability
Norwegian involvement abroad
Monitoring and observation
Peacekeeping plus state-building
Peacekeeping to ensure compliance with international mandates
Nordic cooperation in UN operations
The uses of military forces and the politics of legality
Legal constraints on the use of the military
The UN, NATO, and the question of command
The UN, NATO, and the question of mandates
The two constellations of Norwegian foreign policy
First constellation: sovereignty, security, and the UN
Second constellation: human rights and humanitarian intervention
8 India: democratic, poor, internationalist
Why India matters in this study
India’s democratic credentials
India as a postcolonial developing country
India’s peacekeeping credentials
International authorization
International authorization and democratic accountability
The Sierra Leone crisis of May 2000
Agencies in the decision-making process
The decision-making process
Democratic accountability domestically
The Sri Lanka crisis of May 2000
Part IV Newcomers to international military operations
9 Japan: moderate commitment within legal strictures
The debate within a historical context
The Constitution and utilization of military forces
Article 9 and the current official interpretation
Different forms of military operations and Japanese participation
Authorization within the Japanese legal framework
International authorization and statutory requirements
National authorization to use the SDF: parliamentary accountability
Specific issues of accountability in Japan
Political accountability: bureaucrats vs. politicians
Public accountability: the deliberative role of the Diet
Civilian accountability: role of the military establishment
Soldiers’ responsibility: compliance with humanitarian norms
10 Germany: ensuring political legitimacy for the use of military forces by requiring constitutional accountability
Political background and constitutional framework for the 1994 judgment
The political and military situation since 1998
International authorization to deploy military forces
Authorization by the UN and NATO
Conformity of authorization with international law
National authorization to deploy military forces
The constitutional and political system
Deriving the parliamentary authorization requirement
The specifics of the approval requirement
Authorizations in practice
Historical aspects of civilian control of the military
Safeguards for the civilian control of the military
Civilian control of the military acting under international auspices
The question of democratic accountability: general conclusions
Part V Permanent members of the UN Security Council
11 Russian Federation: the pendulum of powers and accountability
Practice of authorization of foreign deployments
12 France: Security Council legitimacy and executive primacy
Using force internationally: from hesitancy to full participation
The unique international legitimacy of the Security Council
French posture in the Security Council
The unique features of the Security Council
The domestic dimension: an unfettered executive
A key international role for the president
French decision-making in time of crisis
A limited role for the parliament
Promoting the European Union as an actor in international military operations
13 The United Kingdom: increasing commitment requires greater parliamentary involvement
The UK Constitution and military action
The United Kingdom and UN peace operations
The United Kingdom and NATO
Enforcement actions to combat aggression
Situations where force is used to ensure compliance with international mandates
14 The United States: democracy, hegemony, and accountability
The law governing use of force by the United States
The War Powers Resolution
Use of military forces under international institutions
Military force structure, doctrine, and capability
Changing attitudes towards Article 43 agreements
15 Toward a mixed system of democratic accountability
The record: steps toward establishing democratic accountability
International authorization to use military forces
National authorization to use military forces
Civilian control, civilian responsibility, military responsibility
Constructing a new order for maintaining democratic accountability while using military forces under international auspices
Democratic Accountability and the Use of Force in International Law
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