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SINGAPORE (Reuters) - It sounds like an arcane debate among
wordsmiths. But the distinction between pre-emptive and preventive
war, drawn by President Bush in ordering the U.S. invasion
of Iraq, could change the face of war.
Galvanized since the September 11 attacks by a need to protect
the homeland, Bush has tossed aside, if not quite torn up,
the U.N. Charter on war.
Strict conditions exist to undertake pre-emptive war and
Bush has bypassed those to launch a preventive war, analysts
say.
In simple terms: imagine a row with your neighbor over an
overhanging branch. You see him advancing on the bough with
his buzzsaw running. You may pre-empt his attack.
But if you just suspect he's been to the hardware store to
buy a saw, you may not burn down his garden shed to prevent
him taking a slice out of the disputed greenery.
Bush's preventive action is an innovation in contemporary
history and opens the way for others to follow suit.
"While it is not true that the U.S. has been able to
establish a new norm of prevention, other expedient states
may use the U.S. action as justification, even though they
are likely to be roundly condemned," said Chris Reus-Smidt
of the Department of International Relations at the Australian
National University in Canberra.
WHO WOULD DARE?
There is reason to doubt whether any state would have the
courage to take on such condemnation. But many may feel they
are next in the firing line.
Thus the ramifications are far-reaching, not just for countries
with perceived enemies on their borders such as India and
Pakistan, but also for Iran and North Korea -- the two nations
that Bush bracketed with Iraq in his "axis of evil."
"This is tectonic," said Uday Bhaskar of the Institute
of Defense Studies and Analyzes in New Delhi.
"Before March 20 there had been a sense since the end
of World War II to the end of the Cold War that a certain
consensus existed about the use of force and how that should
be regulated.
"It sets a precedent," he said. "This is a
threat to stability, an action that induces anxiety. The question
is why can't it be a France next time, or an India?"
Analysts fear that the period of relative peace since the
birth of the United Nations after World War II, with its strict
charter injunction against the use of force, could now be
in serious jeopardy.
"The doctrine of pre-emptive war has profoundly destabilizing
implications for international society," said Reus-Smidt.
"The legal restriction of the use of force to unequivocal
acts of self-defense and international peace enforcement actions
is one of the principal reasons for the radical decline in
interstate wars, even as the number of states has multiplied."
WHERE ARE THE LIMITS?
Few nations have flouted the U.N. charter that lays out specific
conditions for the use of pre-emptive force. Two extraordinary
exceptions are Israel's 1981 strike on Iraq's OsIrak nuclear
plant and the 1967 Six Day War, said Reus-Smidt.
"The major innovation of the Bush doctrine is the idea
of prevention, and the war in Iraq can be seen as the first
example of this," said Reus-Smidt.
He said Washington, rebuffed in the U.N. Security Council
in its quest for world backing to pre-empt Saddam Hussein's
suspected weapons program, had opted to act preventively.
That opens a Pandora's Box.
"It's not clear what the limits are," said Hilary
Charlesworth, professor at the Center for International and
Public Law at the ANU.
"This leaves the perception of threat in the eye of
the beholder."
It reinforces fears of the United States going it alone,
snubbing the international community when it suits it, for
example on the Kyoto treaty on global warming or the International
Criminal Court.
The United States has acted as other countries have throughout
history, which is to look for the international law that suits
them. And it was that free-for-all approach that the U.N.
charter was aimed at halting.
"We could be going back to a pre-U.N. charter world
and I find that worrying," said Charlesworth.
Of course, what goes unspoken is that the United States regards
itself as an exception, and knows that it can probably get
away with a preventive war because it has more toys, and more
powerful ones, than anyone else in the playground.
MORE SACRED THAN OTHERS
"The related political and diplomatic question is 'are
we redefining sovereignty?"' said Bhaskar. "It's
an Orwellian kind of sovereignty in which some are more sacred
than others."
Analysts believe that deterrence may work in this new world,
and thus a nuclear-ambitious North Korea may not be next.
But what, asked one, would stop China taking a swipe at Taiwan?
"What will be the restraints?" said Charlesworth.
"International law is enforced by a sense of reciprocity
and this is doing away with the fabric of international law."
Some say international law may have to change to ensure relevance
in a world threatened by rogue states and suicide hijackers.
When Osama bin Laden's Islamic revolutionaries flew planes
into the World Trade Center, they may not only have transformed
the course of history, but have wrought upheaval in the rules
of war.
"After September 11, in a world in which unprovoked
acts of terrorism could cost hundreds of thousands of lives,
deterrence and passive self-defense are not enough,"
The Australian newspaper wrote in an editorial on Thursday.
That is a view that may hold sway at the Pentagon and in
the White House, but stirs anxiety among legal and defense
experts.
"What is sauce for the goose is sauce for the gander,"
said Bhaskar. While other countries may lack the will, or
indeed the might, to follow in U.S. footsteps they may be
sorely tempted.
"The net effect of all of this is that it greatly increases
the risk of wars, preventive and pre-emptive," said Reus-Smidt.
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