Lecture 24: Evolving International Norms

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Lecture 24 Evolving International Norms
1. What Is A Norm? 2. The Crossbow 3.
Mercenaries And Neutrality 4. Privateering 5.
Norms Of The Just War
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Norms
Instructions Get into Groups of No More Than
Three Students and the Following Questions on a
Sheet of Paper.
What is a Norm? How do Norms Constrain
Behavior? Can You Measure Norms? Identify a Norm
(Personal, Domestic, or International) Why was
this norm created? How is this norm past
on? How might this norm die?
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The Crossbow

• Threatens Dominance Of Mounted Knight
• Attempt to Create New Norm
• Internal Constraint Unmanly And Cowardly
• External Constraint Outlawed By Catholic
  Churchs Lateran Council (1139)
• Failure Nobles and Church Cannot Halt Spread In
  Long Run

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Mercenaries
1. Shift From Feudal To Mercenary Armies 2.
Mercenaries Are The Norm Most Of Army Is
Foreign 3. Transition To National Army Begins
During Napoleonic Age -- By World War I,
Virtually All Forces Are Home Grown 4.
Traditional Argument Rising Costs Lead To
National Army
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Mercenaries
Thomson Says Economic Argument Is Too
Simplistic (-) Lots Of Indirect Costs Of
Conscripted Army (-) Conscription Disrupts
Economy During War Time (-) Conscription
Requires Large Military Bureaucracy (-)
Mercenary Army Avoids Domestic Opposition
Emergence of Norm Against Mercenaries
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Evolving International NormsAnd The Banning Of
Mercenaries
1. Neutrality Long History -- Rights And
Responsibilities 2. Problem Neutrality Declared
By States Not Citizens 3. Actions Of Private
Citizens Can Undermine Neutrality 4. U.S.
Neutrality Act Of 1794 -- Forbidden To Raise
Military Forces On U.S. Soil 5. Norm Spreads
Widely Over Next 100 Years 6. Becomes Law At The
Hague (1907)
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Evolving Norms
1. Thomson Emphasizes A) Spread By Imitation B)
The New Citizen-Soldier Relationship 2.
Weaknesses Of The Thomson Explanation A) Should
Focus On Government Costs Not Social
Costs B) Down Plays Important Dimension
Great Power vs. Minor Power C) Citizen
Variant At Odds With Enlisting In Foreign
Armies
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Privateering
1. Lack Of Permanent Military Capability 2. U.S.
Constitution Congress Has The Power To
Declare War, Grant Letters Of Marquis And
Reprisal, Make Rules Concerning Captures On
Land Water. 3. Privateers Versus Pirates 4.
First Privateers England In 1200s 5. Privateers
Are Norm In 17th And 18th Centuries 6. American
Privateers Revolution and 1812 7. Consequences
Insurance Rates Are 50 Of Expected Cost 8.
Weapon Of The Weak
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Challenges To Privateering
1. Armed Neutrality In 1780 Russian-British
Incident 2. Treaty Of Paris 1856 A) Privateering
Is Abolished B) Neutral Non-military Trade With
Enemy Is Protected C) Neutral Non-military Goods
Are Not Subject To Capture D) Blockades Must Be
Effective To Be Binding 3. Crimean War
Participants And 42 Others Sign Declaration --
U.S. Refuses To Sign
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The Fall Of Privateering
1. State Building Allows Creation Of Large
Navies 2. Evolution Of Military Technology --
Expensive Steam Ships The Norm By 1850s 3. Rise
Of The Free Trade System Repeal of Corn Laws
(1845) Repeal of Navigation Acts (1849,
1854) Cobden-Chevalier Treaty (1860)
Abolition Occurs When Most Powerful See It As In
Their Interests
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Evolving Norms And LawsThe Just War
Question If I Kill Someone During A War, Is It
Murder?
1. Origins In The Catholic Church 2. Hugo
Grotius (1583-1645) Dutch Legal
Scholar Concerning The Law Of War And Peace
(1625) 3. Two Categories Of Justice A) Jus Ad
Bellum Just Initiation Of War B) Jus In Bello
Just Execution Of War
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Just Initiation
1. Last Resort 2. Legitimate Authority 3. Right
Intention 4. High Probability Of Success 5.
Defensive Military Purpose 6. Good Greater Than
The Costs
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Just Means
1. Response Is Proportional 2. No Indiscriminate
Attacks On Civilians 3. No Attacking Unarmed
Enemies 4. No Use Of Forbidden Weapons 5. No
Attacks On Exempt Buildings And Personnel 6. No
Poisoning Wells And Streams 7. No Pillaging 8. No
Killing Or Wounding Those Who Have Surrendered
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Just Means -- Continued
9. No Killing Or Wounding Of Captured 10. No
Assassinating Or Hiring Of Assassins 11. No Ill
Treatment Of Prisoners 12. No Bombarding From
The Air To Terrorize Civilians 13. No
Destruction Of Cultural Or Religious Objects 14.
No Destroying Vessels Which Have Surrendered
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Discussion
Is There a Just War Norm? Do States Adhere to the
Norm? Why Comply? Was the Persian Gulf War
Just? Is the U.N. Embargo on Iraq Just?
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Final Comments On The Just War
1. Many Rules Have Been Violated 2. But Often
Both Sides Desire Compliance 3. Some Components
Have Evolved Into Laws 4. The Strong Often Alter
Norms For Their Interest 5. Just War Doctrine
Provides Only Vague Guidelines A)
Retaliation B) Economic Embargo Versus Military
Force C) Preemptive Attacks