Prevention or Preemption? - Towards a clarification
of terminology
By Volker Kroening, Member of the Bundestag,
Germany
March 2003
In the
"National Security Strategy of the United States" of September 2002
it is stated repeatedly that the United States will exercise the
right to act preemptively in the event of deadly challenges
to its people or allies emerging from rogue states or terrorist
groups.
This prompted
criticism from Jimmy Carter: When accepting the Nobel peace prize
in Oslo, he commented to the effect that the course defined by the
White House is not preemption at all, but prevention, and that no
one has the right to take such action. And in an obvious allusion
to Kant's categorical imperative, he pointed out that if powerful
countries adopt a principle of preventive war, this sets a bad
example and may well have catastrophic global
consequences.
Official
definition
Carter is
right to suppose that the term "preemption" is being used in a
misleading way by the Bush Administration. The US Department of
Defense's own official Dictionary of Military Terms defines
preemption as "an attack initiated on the basis of
incontrovertible evidence that an enemy attack is
imminent".
Prevention is
different: A preventive war is "initiated in the belief that
military conflict, while not imminent, is inevitable, and
that to delay would involve greater risk". This is quite
obviously the logic being pursued by the US leadership, especially
in relation to Iraq, for there is simply no evidence of any
imminent threat.
Deliberate
confusion
If what is
actually meant is "prevention", but instead the term consistently
used is "preemptive action", it seems legitimate to assume that the
confusion may be deliberate - especially as a glance at the Defense
Department's Dictionary could have clarified the issue. So the
question is this: What is the political rationale for the
extraordinary course taken by the US Administration?
It must be
assumed, first of all, that this lack of clarity is intended to
broaden the U.S.A.'s own scope for action. Furthermore, the
insistence on "preemption" seems to be intended to reinforce the
urgency of the need for intervention with the expectation that
urgency enhances its legitimacy. Moreover - and surprisingly - it
shows an indirect respect for international law, which after all
prohibits preventive war, but is rather more liberal on the issue
of preemptive action.
In any event,
the obstinate use of the term "preemption" reinforces the
impression, which is supported by other indicators, that in
preparing for a strike against Iraq, the U.S.has more in mind than
simply establishing sufficient threat of coercion to bring about
further disarmament. If this is the case, a distinct
counter-position must be developed at international level, which
Gerhard Schroeder, the Federal Chancellor, has substantially
contributed to.
Incidentally,
the concept of a threat of coercion (
“Drohkulisse”), introduced by General Naumann
(former chairman of NATO`s Military Committee), has been eagerly
appropriated by the CDU/CSU (our major opposition party`s)
leadership - a stance which reveals both the gaps in their
perceptions and their tenuous grasp of law. Yet not even the
creation of a coercive threat seems to be essential: Several
British military commanders - contradicting Mr Blair - have said
that even before the recent weapons inspections, Iraq was
already a controllable security risk.
New
situation
The confusion
over "prevention" and "preemption" reveals a worrying problem.
There is obviously a tendency in the West's security policy
thinking to respond to the "new threats” in a way which
ensures that they can be kept at the greatest possible distance,
both in temporal and spatial terms. Action should be taken at a
very early stage - and even remote crises suddenly seem to be of
direct military relevance.
What are the
reasons for this? Firstly, it is probably because today's
"asymmetric" threats pose such an unsettling challenge, in terms of
their strangeness and unpredictability, that there is a desire to
keep them well and truly at arm's length. Secondly, it is also
because there appears to be a realistic prospect of dealing with at
least some of the opponents successfully without too many risks to
oneself.
In this
sense, Iraq is an ideal opponent for certain Atlantic security
policy-makers. It can be somehow linked - albeit with considerable
effort and difficulty - to terrorist or, at least, malign threats.
At the same time its military machine is of a relatively
traditional nature - in other words, it is not so bewilderingly
"asymmetrical" - and, moreover, conveniently weak.
North Korea
is quite another matter: It is far less controlled, and has a far
more dangerous military potential than Iraq. Here, very few would
dream of violating international law in the name of "prevention".
The same applied, as we know, during the East-West conflict. Under
those circumstances, prevention was sheer madness. Is this less
true of the present conditions? The U.S.A. should realize how much
is at stake.
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