Post-Cold War Anglo-American Military Intervention : A Study of the Dynamics of Legality and Legitimacy

Exploring case studies from the first Gulf War to the Syria crisis, this book discusses different approaches to the use of international law and the role it plays in international power politics. Analysis of the post-Cold War overseas military involvements of Western powers has focused on their legality and legitimacy, allowing for a conflation of the concepts and distracting from the true source of international legitimacy. Demonstrating compliance with international law can be helpful, but it plays a secondary role to other, more powerful considerations such as national interest and shared national security concerns. Exploring the key drivers for decision-makers, this book identifies the impact of previous experience on the use of international law in the quest for legitimacy ahead of launching military action. Patterns in approach and of relations between close Western allies (in particular the UK and US) are identified, offering valuable lessons for future strategic decision-making. This book will appeal to scholars and students of International Relations and International Law. Think Tanks focussing on International Relations and the use of force and practitioners working in the realm of foreign policy with a focus on the UN and international law will also be interested in the study and conclusions drawn. Cover Endorsement Half Title Series Page Title Page Copyright Page Dedication Page Contents Chapter 1 Introduction Raising issues of international instability, international law and military intervention The road to here The question of law and where it has gone wrong Reality dawns Where was the damage done? The position of legality and legitimacy The search for legitimacy Who cares about legitimacy? Boundaries of legitimacy Humanitarian intervention Consensus Notes Chapter 2 What is legitimacy and what is consensus? Capturing legitimacy Defining consensus Notes Chapter 3 A chequered past: the long history of intervention Historical perspective The emergence and influence of positivism Nineteenth and early twentieth centuries Notes Chapter 4 The last hundred years: the impact of the Great War, the Second World War and the Cold War The League of Nations The Kellogg–Briand Pact The UN Charter Reframing the question of legality Notes Chapter 5 The Gulf War: a new dawn? Background Analysis and lessons learned Notes Chapter 6 Kosovo: legitimacy to the fore Background and history Analysis and lessons learned After the fact – UK Foreign Affairs Committee Notes Chapter 7 Sierra Leone: idealism masks realism Background and history Analysis and lessons learned Notes Chapter 8 Afghanistan: clarity in crisis Background Analysis and lessons learned Notes Chapter 9 Iraq: reality bites Background Analysis and lessons learned Notes Chapter 10 Libya: designed for the return of legitimacy Background Analysis and lessons learned Notes Chapter 11 Syria: realism reasserted Background The British aren’t coming! Analysis and lessons learned Notes Conclusion Role of international law What the case studies tell us Consensus and how it is achieved Consensus amongst whom? How is consensus built? The special relationship? The future of law and legitimacy Notes Bibliography Index