Democratic Accountability and the Use of Force in International Law

by Edited by Charlotte Ku , Harold K. Jacobson

• ISBN13: 9780521002073
• ISBN10: 0521002079
• Format: Paperback
• Copyright: 2003-02-17
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

List of figures	ix
List of tables	x
Notes on contributors	xi
Preface	xix
List of abbreviations	xxii
I. Introduction
Broaching the issues	3	(36)
Charlotte Ku
Harold K. Jacobson
II. The domestic and international context
The interface of national constitutional systems with international law and institutions on using military forces: changing trends in executive and legislative powers	39	(22)
Lori F. Damrosch
Domestic political factors and decisions to use military forces	61	(20)
Karen A. Mingst
Collective security, peacekeeping, and ad hoc multilateralism	81	(23)
Edwin M. Smith
The legal responsibility of military personnel	104	(23)
Robert C. R. Siekmann
III. Traditional contributors to international military operations
Canada: committed contributor of ideas and forces, but with growing doubts and problems	127	(27)
Fen Osler Hampson
Norway: political consensus and the problem of accountability	154	(22)
Knut G. Nustad
Henrik Thune
India: democratic, poor, internationalist	176	(31)
Ramesh Thakur
Dipankar Banerjee
IV. Newcomers to international military operations
Japan: moderate commitment within legal strictures	207	(24)
Akiho Shibata
Germany: ensuring political legitimacy for the use of military forces by requiring constitutional accountability	231	(26)
Georg Nolte
V. Permanent members of the UN Security Council
Russian Federation: the pendulum of powers and accountability	257	(23)
Bakhtiyar Tuzmukhamedov
France: Security Council legitimacy and executive primacy	280	(20)
Yves Boyer
Serge Sur
Olivier Fleurence
The United Kingdom: increasing commitment requires greater parliamentary involvement	300	(23)
Nigel D. White
The United States: democracy, hegemony, and accountability	323	(26)
Michael J. Glennon
VI. Conclusion
Toward a mixed system of democratic accountability	349	(35)
Charlotte Ku
Harold K. Jacobson
Appendix A. Uses of military forces under the auspices of the UN and NATO	384	(15)
Appendix B. Country participation in international operations, 1945--2000	399	(16)
References	415	(15)
Index	430