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Just war theory is the traditional approach taken to questions of the morality of war, but war today is far from traditional. War has been deeply affected in recent years by a variety of social and technological developments in areas such as international terrorism, campaigns of genocide and ethnic cleansing, the global human rights movement, economic globalization, and military technology. This book asks whether just war theory is adequate to the challenges these developments pose. Just war theory provides rules for determining when it is justified to fight a war. But some have argued that the nature of contemporary war makes these rules obsolete. For example, genocidal and aggressive regimes may require the use of military force that is not strictly in self-defense, as just war theory requires. In addition, the theory provides rules for determining what the limits are on justified conduct in war. But the random violence of terrorism and the deliberately inflicted violence of torture seem endemic to our age, yet take us beyond the limits set by these rules of conduct in war. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this set of issues with insight and clarity.

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Springer in "Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory"
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Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition. This decision seems a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past? CISAC science fellow Jonathan Farley provides some mathematical insights.

You burst into the room. Sitting on a chair, blindfolded, his hands tied behind his back, is your prisoner. The room is dark, except for a lonely naked bulb hanging from the ceiling. He is sweating. He is afraid.

"Tell me where it is!" you scream. "Now!" You know there is little time left. Somewhere in your city, a time bomb is ticking. Whether it spits serin into the air, uranium into the water or atomic fire into the heavens, you do not know.

He does. But he is not talking. Involuntarily, you raise your hand as if to strike. What you are about to do violates the law and your conscience. And yet...

In peacetime, torture ranks next to murder as a primal sin. But during war, the debate begins over whether this evil can ever be justified to combat the seemingly greater evil of the enemy. Harvard law Professor Alan Dershowitz has said torture should be legalized.

In early October, the U.S. Senate voted 90-9 to ban it. Although Secretary of State Condoleezza Rice and President Bush have both recently asserted that "We do not torture," five U.S. Army Rangers were charged in November for punching and kicking detainees in Iraq, secret U.S. prisons have caused anxiety in Europe, and Vice President Dick Cheney has battled to win the CIA an exemption from the torture ban. As late as December, the U.S. House of Representatives stood poised to defeat the White House.

Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition.

The decision of an individual to support, or reject, torture seems at first to be a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past?

One cannot do experiments with societies, or predict the future, but, it turns out, one can attempt to address this issue using the cold, hard tools of mathematics and logic. This story begins in 1963.

The United States and the Soviet Union are on the perpetual brink of war, balanced like two sides of an equation. On the American side are "game theorists" like Thomas Schelling, recently awarded the Nobel Prize for his work on the strategy of conflict. On the Soviet side, there is the solitary mathematical psychologist Vladimir Lefebvre.

Just as mathematics could be used to describe logical reasoning, Lefebvre saw that mathematics could be used to describe ethical reasoning. If something was good -- for example, "church," "democracy," "prosperity," "kindness" -- it had value "1."

If something was evil -- "earthquake," "famine," "military defeat," "murder" -- it had value "0." But rarely were ethical situations so simple. For instance, "killing" is bad (0) but protecting one's country is good (1) -- so is war 1 or 0?

Lefebvre saw that, at the crudest level, there were essentially two types of ethical systems. Those that held that employing evil means to attain just ends was good, and those that saw that employing evil means to attain good ends was wrong.

There were also, crudely put, two types of relations between individuals: those entailing compromise (or cooperation) and those entailing confrontation.

Of course, evil people rarely see themselves as evil. So Lefebvre had to incorporate in his model of human nature the capacity of human beings to judge -- correctly or incorrectly -- the goodness or evil of their own acts, and to reflect upon their own judgments, and others'. "Reflexive Theory" was born.

It quickly became a paradigm within the Soviet defense establishment, with the publication of books such as "Mathematics and Armed Conflict." Nothing like it was known in the West.

With very simple assumptions -- for instance, that an individual who correctly sees his actions to be good when they are good, and evil if they are evil, is more highly regarded by society than an individual who incorrectly sees himself -- Lefebvre showed that in a society that accepted the compromise of good with evil, individuals would more often seek the path of confrontation with each other.

Lefebvre's insights were called upon by the State Department during negotiations with Mikhail Gorbachev in Reykjavik, Iceland. (And perhaps Lefebvre's model could be re-enlisted to help U.S. officials understand and negotiate with Arab and Muslim heads of state, who must also negotiate with their people.)

In support of Lefebvre's revolutionary new theory, a survey of Soviet émigrés and Americans was conducted in the 1970s. They were asked questions like, "Should a doctor conceal from a patient that he has cancer in order to diminish his suffering?" Overwhelmingly, the Americans would say no, and overwhelmingly, the Soviets yes. The Soviets accepted the compromise of good with evil; the Americans rejected it.

What does this mean? If Americans begin to accept the use of torture, American society might turn into a society of individuals in conflict.

Not uniformly, thanks to something called free will, but generally, with harmful consequences for society: Imagine two roads, with a stream of cars moving along each one. Each driver wants to reach his destination as quickly as possible; on occasion, drivers will impede each other.

On the first road, drivers rise in their own, and in other drivers', estimation if they yield. Drivers on the second road lose face when they yield. It is clear that traffic will move faster on the first road than on the second.

It can be argued that repressive states like Saudi Arabia, which bred most of the Sept. 11 hijackers, are on the second road. If the United States moved to accept torture, it could veer toward the second road, too -- the road of the Soviet Union.

And we know where that road ends. The Soviet Union no longer exists.

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You burst into the room. Sitting on a chair, blindfolded, his hands tied behind his back, is your prisoner. The room is dark, except for a lonely naked bulb hanging from the ceiling. He is sweating. He is afraid.

"Tell me where it is!" you scream. "Now!" You know there is little time left. Somewhere in your city, a time bomb is ticking. Whether it spits serin into the air, uranium into the water or atomic fire into the heavens, you do not know.

He does. But he is not talking. Involuntarily, you raise your hand as if to strike. What you are about to do violates the law and your conscience. And yet. ...

In peacetime, torture ranks next to murder as a primal sin. But during war, the debate begins over whether this evil can ever be justified to combat the seemingly greater evil of the enemy. Harvard law Professor Alan Dershowitz has said torture should be legalized.

In early October, the U.S. Senate voted 90-9 to ban it. Although Secretary of State Condoleezza Rice and President Bush have both recently asserted that "We do not torture," five U.S. Army Rangers were charged in November for punching and kicking detainees in Iraq, secret U.S. prisons have caused anxiety in Europe, and Vice President Dick Cheney has battled to win the CIA an exemption from the torture ban. As late as December, the U.S. House of Representatives stood poised to defeat the White House.

Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition.

The decision of an individual to support, or reject, torture seems at first to be a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past?

One cannot do experiments with societies, or predict the future, but, it turns out, one can attempt to address this issue using the cold, hard tools of mathematics and logic. This story begins in 1963.

The United States and the Soviet Union are on the perpetual brink of war, balanced like two sides of an equation. On the American side are "game theorists" like Thomas Schelling, recently awarded the Nobel Prize for his work on the strategy of conflict. On the Soviet side, there is the solitary mathematical psychologist Vladimir Lefebvre.

Just as mathematics could be used to describe logical reasoning, Lefebvre saw that mathematics could be used to describe ethical reasoning. If something was good -- for example, "church," "democracy," "prosperity," "kindness" -- it had value "1."

If something was evil -- "earthquake," "famine," "military defeat," "murder" -- it had value "0." But rarely were ethical situations so simple. For instance, "killing" is bad (0) but protecting one's country is good (1) -- so is war 1 or 0?

Lefebvre saw that, at the crudest level, there were essentially two types of ethical systems. Those that held that employing evil means to attain just ends was good, and those that saw that employing evil means to attain good ends was wrong.

There were also, crudely put, two types of relations between individuals: those entailing compromise (or cooperation) and those entailing confrontation.

Of course, evil people rarely see themselves as evil. So Lefebvre had to incorporate in his model of human nature the capacity of human beings to judge -- correctly or incorrectly -- the goodness or evil of their own acts, and to reflect upon their own judgments, and others'. "Reflexive Theory" was born.

It quickly became a paradigm within the Soviet defense establishment, with the publication of books such as "Mathematics and Armed Conflict." Nothing like it was known in the West.

With very simple assumptions -- for instance, that an individual who correctly sees his actions to be good when they are good, and evil if they are evil, is more highly regarded by society than an individual who incorrectly sees himself -- Lefebvre showed that in a society that accepted the compromise of good with evil, individuals would more often seek the path of confrontation with each other.

Lefebvre's insights were called upon by the State Department during negotiations with Mikhail Gorbachev in Reykjavik, Iceland. (And perhaps Lefebvre's model could be re-enlisted to help U.S. officials understand and negotiate with Arab and Muslim heads of state, who must also negotiate with their people.)

In support of Lefebvre's revolutionary new theory, a survey of Soviet émigrés and Americans was conducted in the 1970s. They were asked questions like, "Should a doctor conceal from a patient that he has cancer in order to diminish his suffering?" Overwhelmingly, the Americans would say no, and overwhelmingly, the Soviets yes. The Soviets accepted the compromise of good with evil; the Americans rejected it.

What does this mean? If Americans begin to accept the use of torture, American society might turn into a society of individuals in conflict.

Not uniformly, thanks to something called free will, but generally, with harmful consequences for society: Imagine two roads, with a stream of cars moving along each one. Each driver wants to reach his destination as quickly as possible; on occasion, drivers will impede each other.

On the first road, drivers rise in their own, and in other drivers', estimation if they yield. Drivers on the second road lose face when they yield. It is clear that traffic will move faster on the first road than on the second.

It can be argued that repressive states like Saudi Arabia, which bred most of the Sept. 11 hijackers, are on the second road. If the United States moved to accept torture, it could veer toward the second road, too -- the road of the Soviet Union.

And we know where that road ends. The Soviet Union no longer exists.

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What should we expect from the trial of Saddam Hussein? Full justice will likely elude the court, since Hussein faces only a partial list of possible charges. The trial probably won't quell ethnic and sectarian conflicts, either. But the trial could teach a valuable lesson about the place of law in a democratic state, writes CISAC's Allen S. Weiner in this Los Angeles Times op-ed.

The prosecution of Saddam Hussein and his co-defendants is off to a rocky start. As of last week, the trial has been adjourned twice after only a day and a half of proceedings; two of the defense lawyers have been murdered, perhaps by Iraqi security agents; and Hussein has showered the judges with contempt and challenged the legitimacy of the tribunal.

Can the trial in fact succeed? That depends on what we think are its goals.

The principal rationale for criminal justice is retribution--to punish those who have harmed others and violated society's norms. But retribution--or revenge--could be achieved without courts and due process. Trials also ordinarily produce reliable determinations of guilt or innocence, but few people, either inside or outside Iraq, have genuine doubts about Hussein's guilt.

The success of the Hussein trial, then, should be judged by whether it can also accomplish any of the broader goals that criminal prosecutions can serve in societies that have experienced widespread atrocities:

1) Providing justice for victims and documenting history. Trials enable victims to confront their abusers, a psychologically important step in the social re-integration of victimized groups. Trials also generate an authoritative record of the crimes committed by a previous regime. This can compel other groups in society--including perpetrators--to acknowledge that abuses occurred and can refute subsequent attempts at historical revisionism. This is today viewed as one of the important legacies of the Nuremberg trials.

The Hussein trial could provide a forum for victims, but only if the tribunal is allowed to address the full range of atrocities perpetrated by his regime. At this point, Hussein is being tried only for crimes committed in connection with a single episode--the killing and torture of residents of the village of Dujail after an assassination attempt on Hussein in 1982. Iraqi prosecutors have said that, after the Dujail case, they will pursue other cases involving the killings of tens of thousands of Shiites and Kurds.

A full airing of the vast tableau of Hussein's crimes, however, could take years; the trial of former Balkan strongman Slobodan Milosevic on crimes of comparable scope before the Yugoslavia War Crimes Tribunal in The Hague has been underway for almost four years. Such a timeline is unlikely to satisfy Iraqi street protesters demanding a swift trial and hanging of Hussein. Prime Minister Ibrahim Jafari's declaration that the Hussein trial "is not a research project" suggests the Iraqi government may feel pressure to sacrifice the goal of giving Hussein's victims a chance to record the atrocities they suffered in the interests of swift retribution.

2) Contributing to peace and reconciliation. Particularly in societies emerging from ethnic or sectarian conflicts, criminal trials individualize responsibility for abuses. They thus allow victims of atrocities to move beyond collective condemnation of the ethnic or religious groups from which their abusers came, enabling once-divided groups to begin to reconcile.

But the Hussein trial seems more likely to inflame sectarian tensions than to soothe them, at least in the short term. It gives Hussein a platform from which to challenge the Shiite-dominated government and to rally Sunni insurgents. Shiites and Kurds, frustrated by delays in having Hussein face the justice they believe he deserves, may escalate attacks against Sunni or Baathist targets. The net result may be a spiraling pattern of vigilantism and counter-vigilantism.

3) Promoting the rule of law. Subjecting a former dictator to a court of law, rather than a firing squad, can commit a transitional regime to due process and the rule of law. But early indications do not give hope that the Hussein trial will promote this goal. Last-minute legal changes--such as the elimination of the right of defendants to represent themselves--have been made for political, rather than legal, reasons. Tribunal officials have been selectively targeted for dismissal by the de-Baathification Commission headed by Ahmad Chalabi.

Moreover, Iraq's president announced in September that he had learned from one of the tribunal's investigating judges that Hussein had confessed to ordering executions during the notorious Anfal campaign, raising further questions about the judicial independence of the tribunal. Even the decision to try Hussein for the Dujail killings before the completion of investigations of more serious atrocities appears to be politically motivated. The government hopes to demoralize Hussein loyalists by securing a swift conviction on the easiest charges to prove.

Even under the best of circumstances, the Hussein trial could not possibly accomplish all three of these goals simultaneously. Hussein's crimes are so numerous that no trial can produce both a full historical accounting and swift justice. Iraq may be better served by establishing a truth commission to write a comprehensive history of the abuses of the Hussein era. Efforts to manage the trial to promote political stability in Iraq are unlikely to succeed and will only reflect a continuation of the Hussein-era tradition of executive branch manipulation of the courts. Addressing Sunni grievances, protecting minority rights and sharing Iraq's wealth is the way to promote reconciliation.

The best hope for the Hussein trial to be meaningful is for the Iraqi government to accord him full due-process rights and to refrain from further interference and manipulation. If the Iraqi government accepts the constraints of the rule of law, the Hussein trial can teach Iraq the valuable lesson that the state may punish citizens, even one as detested as Hussein, solely on the basis of laws impartially applied, not on the whims or caprice of the ruler.

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For over five years the war in Chechnya has occupied a central and neuralgic place in Vladimir Putin's political agenda. In unleashing a renewed military campaign in September 1999-abrogating the cease-fire agreement that had terminated the earlier 1994-1996 war launched by then president Boris Yeltsin-President Putin sought to win American and Western acquiescence in, if not support for, Russia's military campaign by framing the conflict as a war on international terrorism.

For over five years the war in Chechnya has occupied a central and neuralgic place in Vladimir Putin's political agenda. In unleashing a renewed military campaign in September 1999-abrogating the cease-fire agreement that had terminated the earlier 1994-1996 war launched by then president Boris Yeltsin-President Putin sought to win American and Western acquiescence in, if not support for, Russia's military campaign by framing the conflict as a war on international terrorism.

However, far from extinguishing the conflict, or confining it within the territory of Chechnya, these policies have contributed to the spread of violence and instability far beyond the borders of the Chechen republic. Instead of pursuing strategies that would address the larger socioeconomic crisis of the predominantly Muslim regions of the Northern Caucasus, marginalize extremists, and win broad support from the population of the region, the brutality of Russian military forces and their local allies in the war in Chechnya and the repressive actions of the security services in neighboring republics have fanned the flames of hostility to Moscow and created conditions for the spread of radical Islamist ideologies and the recruitment of new adherents across the Northern Caucasus.

President Putin has treated the problems facing Russia as a product of state "weakness" and has called for strengthening Russia's unity and state power in response. Ostensibly in order to better combat terrorism, he has introduced a series of measures aimed at strengthening Russia's political unity and executive power at the expense of political pluralism, freedom of information, and civil society development. But by weakening or undermining Russia's fragile and weakly developed system of institutional checks and balances on central power, and reducing the transparency and accountability of official behavior, these policies may well be exacerbating rather than mitigating the challenges facing Russia today.

What began as a secular conflict over the political status of Chechnya has progressively been transformed into a wider struggle involving more radical fighters from other Muslim republics with an avowedly Islamist agenda that now threatens to destabilize the broader region of the Northern Caucasus. The past few years have also seen a rising tide of terrorist actions directed against local authorities and security services in other republics of the Northern Caucasus as well as against the Russian government and population more broadly, including terrorist acts aimed at targets in the city of Moscow itself.

From the dramatic seizure of some 800 hostages in a Moscow theater in October

2002, in which 129 hostages died from the effects of a lethal gas used by Russian security services in a bungled rescue operation, to the September 2004 horrific siege of an elementary school in Beslan, Southern Ossetia, in which over 300 civilians died-over half of them children-these episodes have not only challenged the official assertions that the war could be confined to Chechnya alone but have dramatized the inability of the Russian government to adequately protect the security of its population.

The inept and chaotic handling of many of these terrorist attacks has brought into stark relief the poor performance of the security services, the incompetence of local officials, serious intelligence failures, and above all widespread official corruption. In the Beslan episode, to take just one example, the siege was carried out by some thirty-two terrorists, of several different nationalities, who were apparently able to bribe their way across a series of checkpoints to enter the republic and to utilize weapons and explosives stored on the site beforehand. The local authorities and the federal security services proved incapable of coordinating their actions to control the situation, and the Moscow-appointed president of the republic proved completely inept. Indeed, the most courageous and effective actor was Ruslan Aushev, the former president of Ingushetia, a figure removed from power by Moscow for resisting pressure for more coercive policies.

The Putin government has used these events to justify a series of measures which

are ostensibly intended to more effectively combat terrorism but which appear to

have little relation to the real terrorist threat. First, it has refused to seek a political solution to the conflict in Chechnya and has deliberately sought to undermine possible negotiations or international mediation and to delegitimize potential negotiating partners by demonizing a broad array of Chechen political figures within the country and abroad as "terrorists."

Conflating Chechen resistance with international terrorism, President Putin has explicitly refused to distinguish between more moderate figures and extremists and has exaggerated their ties to international terrorist organizations like Al Qaeda.

Domestically, the Russian government has used security concerns to justify ever greater restrictions on freedom of information, on civil rights, and on the role of nongovernmental organizations, particularly those engaged in the defense of human rights. The military and the organs of law enforcement have been given an ever freer hand, rarely if ever held accountable for their abusive behavior and atrocities against civilians.

Refugee camps in the neighboring republic of Ingushetia were closed and the international non-governmental organizations providing medical care and humanitarian assistance to refugees there were compelled to depart. The mass media have largely lost their independence and editors and journalists have been dismissed or attacked for expressing critical views.

A whole series of measures aimed at further centralization of political power and the strengthening of the executive branch have eroded the already fragile elements of federalism and separation of powers in the Russian political system. The autonomy and political influence of regions and republics has been sharply reduced. Parliament, now dominated by a single pro-presidential party, no longer acts as an independent check on executive power, and liberal political parties and their leaders have been marginalized. Most recently, the popular election of regional governors was abolished in favor of their appointment by Moscow, and a discussion is now under way of bringing even local government under tighter central control by eliminating the election of mayors as well.

Moreover, a high proportion of President Putin's appointees to key positions in

the regions are drawn from the military and security services, selected for their presumed loyalty to the president but often lacking political skills or understanding of local conditions. But the substitution of appointed for elected officials does not necessarily guarantee either loyalty or competence.

In the absence of a competitive party system in which political parties help create a web of ties between the central government and local populations, Putin's centralizing measures could well widen the chasm between state and society.

This growing emphasis on centralization, unity, repression, and secrecy is arguably exacerbating rather than mitigating the problems and making state power even more dysfunctional. In Chechnya and in the broader Caucasus region the brutality as well as the corruption of Russian military and security forces and their local allies-and their extensive reliance on torture, mass roundups, indiscriminate executions, disappearances of civilians, and simple extortion-has embittered many toward Moscow and made it increasingly difficult to win "hearts and minds" and build popular support. Indeed, the lack of transparency, and the difficulty of holding Russian officials accountable for abusive behavior, has led unprecedented numbers of Russian citizens frustrated by the unresponsiveness of their own government to seek redress at the European Court of Human Rights in Strasbourg.

Lacking a positive agenda for ameliorating socioeconomic conditions in the Northern Caucasus, the expanding operations of security forces across the Northern Caucasus, the closure of mosques, and the wave of often indiscriminate arrests have served to drive Islam underground and facilitated the spread of extremist ideologies. Without a coherent and sustained program of economic development that would create employment, housing, and education and offer alternative opportunities to an impoverished and alienated population, particularly young males, and absent a serious effort to eliminate corruption, these trends are likely to worsen.

Russia under Putin is facing a somber future.

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Scott Horton is a leading authority on international law regarding torture. He led an American Bar Association investigation into standards of treatment for detainees which was published in April 2004. He was a consultant for those representing Guantanamo Bay detainees, advising them on the legal implications of officially sanctioned torture. He contributed to the recent book, "The Torture Papers: the Road to Abu Ghraib."

An attorney and human rights defender, Scott represented Andrei Sakharov, Elena Bonner and other leaders of the human rights movement in the formerly communist world for more than twenty years. He is a member of the Council on Foreign Relations and an advisor to its Center on Preventive Action, the president of the International League for Human Rights, chair of the New York City Bar's Committee on International Law, and an adjunct professor at Columbia University Law School. He has appeared as a commentator on international law issues on BBC's Panorama, ABC's 20/20 and Nightline, the CBS Evening News, NBC Dateline, CNN's Paula Zahn Show, PBS's NOW with Bill Moyers and as a frequent guest on the Newshour with Jim Lehrer.

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In an opinion column published June 9 in the Los Angeles Times, CDDRL faculty member and former State Department lawyer Allen Weiner says he feels "betrayed" by recent revelations that the U.S. appears to be disregarding international treaties prohibiting the torture of prisoners.
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