>Brioasafreak- I think you are being a bit fast and loose.
>Are they different concepts, yes, but they sure do overlap
>and they are subject to missuse. One persons preventative
>strike is another person's preemptive.
I`m using these concepts as different according to our military, wich more or less follow NATO`s handbook. i do believe that they are different, but preventive strikes do pose a lot of problems, i fully agree.
>
>Taking the basis of interational law (treaty, custom, law of
>nations, and jurists), you can argue that conceptually they
>are different. However a lot of people would argue, no
>shooting first. OK, that might be a bit extreme weighed
>against the right of self defense.
>But there is the other goal of law- to maintain order and
>peace and to avoid the abuse of self-help.
>Considering the danger of abusing the argument of
>preventative first strike with that of a preemptive strike-
>one would probably argue neither would work. The law here
>is a bit murky and probably justifiably so.
Well, abuse is a inherent temptation when one leads with the law, and the fact that international law can`t be uphold by a higher power (there the anarchycal system we live in) just make it easier to abuses to be commited. But in the case of preventive strykes at least there´s a conceptual basis to work on, preemptive strykes just seem too thin on the concepts and limitations to be taken serious. They are just a tool for power politics, and in this case, it seems that it´s an unfortunate tool.
>> When Clinton ordered the bombings
>>in Sudan and Afghanistan knowing that there was clear
>>hostile intention from Al-Qaeda against american nationals
>>and american security i defended it in the lines that he was
>>simply ordering a preventive strike, with sufficient urgency
>>that the UN security counsil could be called after. My
>>Wilsonian professors don`t like that idea, but it has some
>>grounds in wich to base a defense of those actions .
>But see this is where the problems come up. The Clinton
>administrations bombing of a the wrong target in Sudan
>(wasn't a pharmecutical or baby making formuls plant?) and
>the cruise missile hit on the training grounds in
>Afghanistan, might better be considered a reprisal than a
>preventative strike. After all the terrorists had already
>struck. But it also doesn't seem like that was much of an
>actual threat from either, even if one could argue that both
>sites were part of the terrorist infrastructure.
>In contrast, had the Clinton administration sunk a terrorist
>vessel that was carrying mines for New York harbor, or even
>if it had been the destruction of a building used to house
>terrorists that were about to strike a US embassy- then you
>have a preventative strike.
>In the Clinton situation, it looks like a reprisal.
>Reprisals were perfectly legal before the UN Charter became
>governing on this issue, but have since been deemed illegal
>(at least that's what Oppenheimer's treatise says- last I
>checked). The goal there seemed more to punish than to
>prevent. That's the old "eye for an eye, tooth for a tooth"
>method of international law, strong positivist defense on
>the notion of sovereignty.
Yes, one can understand the attacks that way, solely as a reprisal, or to defend that if there are strong proofs that material and men are beeing prepared for an attack on our country one should attack, limited only, again, by the UN charter. If Clinton knew that there were men to be prepared to attack at any moment american nationals or american interests and there was the fear that they could escape before a resolution would be passed in the security counsil there may be grounds to it be considered legal, if it´s discussed afterwards and considered coherent with the defense of peace on the long run (what happened with the attack from NATO against former Yoguslavia, where a resolution with the support of the russians was passed after the attacks had started, wich allowed the russians to enter Kosovo territory to balance the ground troops deployed by NATO; that was a political decision and negotiation but with the legal justification on the basis i tried to express).
>Now you can argue one way or the other whether that was
>justified. I would have preferred something more carefully
>targetted and more strongly made, myself. Politically it
>was the right thing to do for the Clinton Admin. A lot of
>other countries thought it wasn't, that there were less
>forceful means at Clinton's disposal. But was it legal? I
>would argue no, even if it was politically and perhaps
>morally justified.
it was a mess, like everything Clinton did on the international front, besides Bosnia and Kosovo. The clashes on the Great Lakes region in africa that started the Great African Conflict in the 90´s were in part caused by the low intensity "cold-war" that the americans and the french were carrying out after Clinton`s New african Inniciative. He was well intended, but just didn`t understood the continent, as Bush doesn`t understand,er, many continents...
Oh, and i´m not trying to convince you on my position, since even beeing the best at Internacional Law classes i couldn`t convince any of my professors of it
>
>Got to love those North Koreans for bringing back old Cold
>War fears once again. It seems that the North Koreans are
>really just trying to get attention that they don't deserve,
>but being a wart on the ass of a globalized world. Yet a
>dangerous and poisonous wart, the kind that causes
>bloodpoisoning that could bring down the whole thing.
>If nuclear weapons are like having an insurance policy, than
>they might also be the big party horn that attracts a lot of
>attention.
>North Korea- a couple of years ago when it was suffering a
>famine (oh those communist agricultural policies!) it looked
>like the government would fall. I even heard that the
>leadership had asked an energy concern to feel out
>possibilities about abandoning North Korea. The feelings,
>according to this fellow was that the government was afraid
>that they were facing a coup.
>
>Is this the last gasp of a bankrupt power?
i hope so. The famine continues, and the only senior official that could lead a coup escaped to South Corea a year or two ago.They are true robots, there`s no way anyone from the outside could understand the controled mentality of the north coreans, it´s Orwell`s work incarnated. They are moving because of the unfortunate "Axis of Evil" speech made by Bush,the "since the americans are attacking rak, we`re probably next, so we don´t have nothing to loose" mentality. Oh, and Iran is indeed helping out partially the americans with the Irak issue, but they restarted their nuclear program and armed Heqmatyar in afghanistan, so he could fight te americans. Again, a product of that speech...
The reunion on Mozambique is going to take place in three weeks, i´ll see if anything important that i don`t know surfaces from there, i`ll let you know.
Cheers
p.s: now i´m too tired to talk about France and Africa again