Democratic Accountability and the Use of Force in International Law

An analysis of the authority of internationally-authorized armed interventions, considering experiences of nine democracies.

Charlotte Ku (Edited by), Harold K. Jacobson (Edited by)

9780521002073, Cambridge University Press

Paperback, published 13 February 2003

468 pages
22.9 x 15.2 x 2.6 cm, 0.68 kg

'… offers a valuable analysis of a difficult multidimensional subject.' Common Law World Review

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 accountability Michael J. Glennon
Part VI. Conclusion: 15. Towards a mixed system of democratic accountability Charlotte Ku and Harold K. Jacobson
Appendix A: uses of military forces under the auspices of the UN and NATO
Appendix B: country participation in international operations, 1945–2000
References
Index.

Subject Areas: Law of the sea [LBBK], International law [LB], Armed conflict [JPWS], International relations [JPS]