Professional Documents
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Preemptive War Doctrine & the Influence of the 9/11 Terrorist Attacks
The political and social climate of the world is growing ever-more tense.
Struggles for power, control of resources, and security are abound. The dangers posed by
terrorism have become more salient and, as some claim, inescapable. With threats of war,
terrorism, nuclear proliferation, the stakes for survival rise, and the options for countering
With such a charged atmosphere, all options must remain on the table, and the
preemption has been professed, and as declared by the United States government, must
be retained to sufficiently protect the security of the state, and for good reason.
the innocent population of the United States. A deciding factor that led to the attacks was
in-action on the part of the United States, allowing terrorist cells to operate within our
own borders without investigation, despite some warnings. The national security strategy
of the united states dictates in the introduction: “We will cooperate with other nations to
deny, contain, and curtail our enemies’ efforts to acquire dangerous technologies. And, as
a matter of common sense and self-defense, America will act against such emerging
threats before they are fully formed.”(1) The United States national security strategy
continues: “We cannot defend America and our friends by hoping for the best. So we
must be prepared to defeat our enemies’ plans, using the best intelligence and proceeding
the language dictated by the United States government, as well as considering the U.N.
charters, and international law, we will be able to gauge whether preemption was
and to assure national security is preemptive war. In this new age, where information
sharing is almost instantaneous, are we able to properly gauge threats by state and non-
state actors? Is it even possible to act in the present, an attempt to counteract what could
exist only in the future? If one is to act on intelligence alone, what justifications are
considered acceptable, and what doctrine should be adhered to, to stay within the
framework of law both domestically and internationally? To investigate this issue, a clear
definition must be ascertained of the many different strategies used within foreign policy,
Words can be weighted, and often times have multiple uses and meanings. It has
become increasingly difficult in this technological age to find truth. One persons truth is
another’s farce. Attempting to even define the phrase ‘preemptive war’ proves
Secretary of State Daniel Webster described the conditions for preemptive war when the
need for them is “instant [and] overwhelming, and [leaves] no choice of means, and no
moment of deliberation."(2) Another qualifier needed for a preemptive attack is that the
attack must be in proportion to the threat, and not excessive. A similarly worded
description comes from Steven Walsh, a research analyst at the Center for Defense
Information: “The prevailing view probably is that, one way or another, anticipatory self-
gauging whether a war was preemptive easier. On the other hand, preventive war takes on
the flipside of preemption, and seems to discard the rules of an imminent attack.
prevent a country from acquiring weapons, technology, territory, or some unforeseen gain
of power or influence. Preventive war is seen as unjust in some eyes because there is no
clear and present danger involved with an attack of this nature, it is truly an attack to
prevent some future loss of influence or power, without provocation. Because this form
of war does not involve a sudden, urgent need for self defense, it is not given as much
credence as preemptive war. J Warren Smith, an author from the Journal of Religious
ethics gives an ample definition of preventive war: “A preventive war, by contrast, differs
from a preemptive war in that while there may be a possible future threat, there is no
imminent threat or vulnerability. The goal of preventive war is to prevent another nation
from gaining a geopolitical advantage that would break the balance of power.”(3) This
has important implications, and is another definition that can be used to gauge, examine,
and possibly justify(or prove unjust) wars in history, more pointedly, the two most recent
“Preemptive war is justified by an imminent threat of attack, a clear and present danger
that the country in question is about to attack you. In such a case a preemptive attack is
recognized as justifiable.”(2)
One problem with preventive war is its status being illegal under international
law. Its illegality stems from the hypothetical aspect of justification. Literally anything
could happen in the future, and almost certainly conflicts with rogue states and non-state
terrorists will occur. By using imaginative reasoning, any single state on the planet could
the other hand, preemptive war is based on a more solid ground, either by intelligence
state/terrorist itself. In the information age where sharing and communication are
practically instant, intelligence gathering has become more reliable, and the ability of
intelligence agencies to share information with each other has become streamlined. By
these accords, preemptive war is becoming more acceptable and the ability for it to be
Historical Context
Preemptive war has an interesting history. Throughout human history, from pre-
agricultural nomads to the present day, humans have waged war, for many different
reasons. Preemptive war is rooted within Just War Theory. Using the qualifications and
requirements for a just war, one is able to give a moral justification for conflict. St
Augustine originated the theory of just war, and delivered the following criteria:
1. Just Cause- A just war is apt to be described as one that avenges wrongs, when a
nation or state has to be punished, for refusing to make amends for the wrongs
2. Proper Authority-The legitimate authority must declare the war and must be acting on
3. Right Intention- True religion looks upon as peaceful those wars that are waged not
for motives of aggrandizement or cruelty, but with the object of securing peace or
punishing evil-doers, and of uplifting the good.
4. Last Resort-All reasonable peaceful alternatives must have been exhausted or have
5. Proportionality- The good that is achieved by waging war must not be outweighed by
the harm.
chance of success.
These all seem to stress the importance of restraint, honor, and honesty. Relying on the
just war theory and international law will augment the strategy for discussing the legality
and morality of modern day wars. It is said that Israel’s ‘six day war’ against Jordan,
Syria and Egypt was an example of a justified preemptive war because of the threatening
stance Syria and Egypt took, amassing troops and tanks along the border with Israel. This
was seen, and declared by Israel as an imminent threat, and they attacked accordingly.
Some argue that the U.S. declaration of war against Germany in world war 2 constituted a
preemptive attack, because no German’s had actually attacked the United States
yet(notwithstanding the defense treaties made between Japan and Germany.) Conversely,
some have said that the attack on Panama to capture the drug kingpin Manuel Noriega
was more preventive in nature. It is clear that the definitions and justifications for
preemptive wars constantly change, and are partly subjective, it depends on who you ask,
and what information relied upon to make those claims. In present day history, the
arguments for and against preemptive war have become ever louder, the consequences of
action or non-action have ballooned, as we possess lethal technology which has the
capability to kill off the entire planet. The importance of restraint, rationality and reason
cannot be stressed enough with the current political atmosphere so charged, and with
As covered earlier, Preemptive war justification is based within the context of the
Just War Theory. The Just War Theory can be looked at in two ways: theoretical and
historical. The theoretical aspect deals with the ethics of battle, searching for the moral
justification, or the moral high ground. This is sought because the war or conflict waged
will be looked upon in a more honorable sense, and may provide leeway or leverage in
the international community. If the international consensus is that a war is justified and
moral, then there will(in theory) be less objection, and possibly having an international
peace-keeping force assist with the conflict, or help to garner support, such as the
“coalition of the willing”. If, however, the war or attack is seen as not just, the path
traveled becomes much more difficult, both in monetary and physical terms. The
historical aspect of the Just War theory looks to international norms and treaties that have
been historically applied in past wars. With the advent of the United Nations, and
agreements such as the Geneva and Hague conventions, there is a body of law to draw
upon. If the attack plan falls within these established parameters, it will hopefully be
viewed as preemptive, moral, and justified. Although there have been past actions
committed by Nations that defected from Just War Theory, it has survived as a valid
rulebook for warfare. Within the United States military, it is extremely important to
follow codes of conduct and rules of engagement, the punishment can be severe if not
adhered to. Beyond United States law, the international realm has adopted its own set of
norms. The Hague conventions, which took place at the end of the 1800’s and early
1900’s, yielded a set of international norms to follow, which deal with the technologies of
war and conduct of countries involved. One of the main aims of the Hague Conventions
was outlawing the use of damaging chemical, biological weapons, and forms of deadly
ammunition. The Geneva conventions concerned more the treatment of prisoners of war,
and non-combatants. Following these guidelines, and exhausting all diplomatic and
On September 11th, 2001, the United States was attacked by a group of religious
terrorists, who assumed the command of four civilian airlines and crashed them into three
strategic American targets. Many thousand innocent civilians perished that day, and
America was awestruck. In the United States, for a number of years before the attacks of
9/11, an attitude of isolationism prevailed, falsely believing that our surrounding oceans
shielded us from the world. Some experts agree that this was a false sense of security,
others point to failures of communication and intelligence gathering. But one thing was
clear, and was presented on national television for the world to see: we were attacked
unprovoked, and there would be consequences. President Bush, in a speech to the nation
on September 11th, announced “Our first priority is to get help to those who have been
injured, and to take every precaution to protect our citizens at home and around the world
from further attacks. The search is underway for those who are behind these evil acts. I've
directed the full resources of our intelligence and law enforcement communities to find
those responsible and to bring them to justice. We will make no distinction between the
terrorists who committed these acts and those who harbor them.”(4) This was a bold,
relevant and important statement. Terrorists attacks have occurred arguably throughout
history, in every corner of the world. Every country faces some kind of threat. But this
terrorist attack opened up a proverbial can of worms, and ushered in a new way of
thinking about the terrorist threat, and America’s position in the world. It was evident
Mcchord Air force Base, about the threats America faces. “In a sense, 9/11 changed
everything for us. 9/11 forced us to think in new ways about threats to the United States,
about our vulnerabilities, about who our enemies were, about what kind of military
involves not only going after the individuals who perpetrate terrorist attacks -- we've
done that before. We've got to mount military operations whenever that's necessary and
appropriate, in order to take out the bad guys before we can launch further attacks against
the United States.”(5) The use of preemption has been around for hundreds, if not
thousands of years. Terrorism has also always been a part of world history. But here is the
Vice President, laying out the defense strategy for the United States, using the attacks of
September 11th as justification for further preemption. Preemptive war, and anything else
in life is debatable, but there is truth in Mr. Cheney’s words. The most important job that
the United States government performs is national security. There can be no domestic
agenda, freedom, and prosperity, if the territory or sovereignty of the nation is threatened.
Cheney was also correct in pointing out that we face a new kind of threat. Historically,
war has been waged by states, which command and wield military power. But the attacks
of September 11th were a recent instance where a stateless actor commanded military
power, and used to it attack a nation state, and this could be viewed as trying to upset the
current balance of power. Whether or not one believes the United States has the moral
high ground for future attacks in the name of self-defense, and anticipatory strikes, there
is much credence given to the cause of the U.S. attacking Afghanistan in the wake of the
September 11th attacks. The United Nations in 2001 authorized the attack on Afghanistan,
which spoke of an international consensus, practically the whole world sympathized with
America’s position.
mentioned earlier, preemption has been around for a long time, and there are many who
subscribe to the belief that preemptive war is justified, and necessary. In the current Bush
mention a few key figures, and their possible influences on foreign policy. Neo-
conservatism was born from liberals that had found a new awakening in conservatism,
led by Irving Kristol in the early 1960's. Some liberals did not relate to the radical anti-
war movement that resulted from the Vietnam conflict, and this helped to foster a
militaristic-heavy view. The tensions felt in the world during that time helped to foster
many new political and ideological movements, and this was one example. Neo
conservatives have a few main aims, concerning low taxation, unconcerned with a
burgeoning government, enforcing and improving morality and moral values, expanding
foreign policies, and defending the national interest at all costs. It is evident where these
beliefs break ranks with traditional conservatives, and it is also interesting to note that
George W. Bush, while campaigning for the 2000 elections, spoke of a humble,
conservative foreign policy, campaigned against nation building. It is thought that some
of the neo conservative thinkers in the Bush administration did not really have a foothold
on foreign policy early on, and in the first year of Bush’s tenure, the neo-con ideas were
not as influential, or so it seemed. It was with the attacks of September 11th that created a
world environment deemed suitable for some of the more radical neoconservative ideals.
Douglas Feith, Richard Perle, Michael Ladeen, and many others. The amount of
influence these key figures wielded becomes clear when you examine exactly where
these figures were operating. Irving Kristol is an author, editor, lifetime member of the
Council on Foreign Relations, and now writes for the neoconservative think-tank
the U.S. information agency, writes for another think tank, The Hudson Institute, and is
currently working as the foreign policy advisor for current presidential candidate Rudy
diplomat, policy maker, military strategist, and was working for the world bank just a few
months ago. Paul Wolfowitz has been a "major architect of President Bush’s Iraq policy
and, within the Administration, its most passionate and compelling advocate."(6) An even
more interesting development was the foundation of a group called the 'Project for a New
American Century'. In 1997, a statement was released that spoke of lofty goals that the
United States should be pursuing, and pointing out failures in current foreign and
domestic policies. The ideas presented include "Of course, the United States must be
prudent in how it exercises its power. But we cannot safely avoid the responsibilities of
global leadership or the costs that are associated with its exercise. America has a vital role
in maintaining peace and security in Europe, Asia, and the Middle East. If we shirk our
consequences of following their policies is put forth "We need to accept responsibility for
America's unique role in preserving and extending an international order friendly to our
security, our prosperity, and our principles."(7) The people who signed onto this
document reads like a laundry list of government cabinet members and prominent figures
in Washington: Jeb Bush, Dick Cheney, I. Lewis Libby, norman podhoretz, Donald
rumsfeld, Paul wolfowitz, and a number of others. This has extremely important
implications in the formation of foreign policies, especially when so many figures are
currently holding cabinet positions with the power to accomplish their stated objectives.
Although this document was written before the attacks of September 11th, it seems to
After the September 11th attacks, the United States immediately went on the
defensive, attacked Afghanistan, but did not stop there. The 'Bush Doctrine' seems to
follow along the same lines and mirrors the actions that neoconservatives would be
Now we must examine the subsequent military actions taken after september 11th,
2001. On the day of the attacks, there were already news stories reporting the possible
terrorist act, the picture of Osama bin Laden, the suspected mastermind of the 9/11 plot,
even made its way to the big screen. President Bush's speech the night of september 11th
announced "The search is underway for those who are behind these evil acts. I've directed
the full resources for our intelligence and law enforcement communities to find those
responsible and bring them to justice. We will make no distinction between the terrorists
who committed these acts and those who harbor them."(4) This important statement
clearly lays out the defense policy to be followed, and it has been. On September 12th,
the day following the attacks, the United Nations assembled and created U.N. resolution
1368 which "Unequivocally"(8) condemned the terrorist acts, and called upon all states
to rebuke this action, and to bring justice to the perpetrators. Resolution 1373 further
condemned the actions, and " Reaffirming the inherent right of individual or collective
that states have the inherent right of self defense, and this forms the legal basis for the
attack on Afghanistan.
a retaliatory attack. One could say that it was a preemptive action to remove the standing
government in power, because it seems a separate issue from revenge on those who
attacked us. However, President Bush dictated clearly with his 9/11 speech, that the
United States will not differentiate between terrorists and countries that harbor them. But
this has somewhat far-reaching implications, it lays the groundwork for further
preemptive strikes that were not necessarily in response to the 9/11 attacks, or any attack
at all. The next military action taken by the United States underscores this point exactly.
Two years later, after successfully invading and occupying Afghanistan, a new
conflict emerged: The war against Iraq. This has been an absolute hotbed for the entire
world, opinions vary widely, especially once going outside the borders of the United
States. To effectively gauge whether or not Iraq was a preemptive war, we must take in
all accounts, the political atmosphere, and what led to this action. Following in the spirit
of the PNAC(project for a new American century) charter, neoconservative strategy, and
Bush's declared foreign policy objectives, Iraq became the new biggest threat to the
world, because of its pursuit of and refusal to relinquish its weapons of mass
Nations resolutions aimed against Iraq and Saddam Hussein, who in 1991, agreed to give
up all pursuit of nuclear, chemical, and biological weapons, but his subsequent refusal to
comply stood in violation of those agreements with the United Nations. People in the
United States still had the attacks of september 11th in their minds, and no sane person
wanted another 9/11 to occur. So when these charges were leveled against Hussein's
regime, and fear generated by statements such as “We don't want the smoking gun to be a
mushroom cloud"(9) were presented to the American people, they were taken seriously.
President Bush made it clear that Iraq could not pursue WMD's, and called on it to submit
to U.N. resolutions that allowed Nuclear inspectors to monitor Iraq's programs. When
Iraq declined, and eventually kicked inspectors out of the country, this was seen as further
evidence that Iraq was a rogue state, intent on acquiring nuclear weapons, and the
situation seemed to bear this out. But President Bush faced problems with the United
Nations security council, and from his own intelligence agencies, who had conflicting
In early 2003, the United States, Britain, and Spain proposed an eighteenth
resolution against Iraq, which gave a deadline for compliance to all previous resolutions.
This 'resolution' also came with a promise of military action if it was not adhered to, but
this resolution failed to garner enough support in the Security council, and was
have said we must not act until the threat is imminent. Since when have terrorists and
tyrants announced their intentions, politely putting us on notice before they strike? If this
threat is permitted to fully and suddenly emerge, all actions, all words, and all
recriminations would come too late"(10). Without the support of the United Nations
security council, the United States, leading with a coalition of 40 countries, invaded Iraq
in March, 2003. First, we should gauge this attack by comparing it to the given
definitions of a valid, preemptive war. As secretary of state Daniel describes it, was the
need for action against Iraq absolutely imminent, with no time for deliberation? It
depends on who you ask, and what intelligence you utilize. If Saddam Hussein already
had mass-produced nuclear weapons, and had them aimed directly at the U.S., this should
constitute a direct, clear and imminent threat to America. But some of the United State's
own intelligence agencies reflected the opposite conclusion. In 2005, the Iraq Study
group concluded that Iraq had not restarted its pre-1991 weapons programs, and Hans
Blix, the chief inspector for the International Atomic Energy Agency, provided supporting
evidence and took the same position months before the war started. The subsequent
invasion of Iraq yielded almost zero results of the massive quantities of chemical,
biological, and nuclear weapons that were presented to the United Nations as an
imminent threat the United States, and the world. There were also claims made that
Saddam Hussein was collaborating with Al-Queda, to try and bolster support for the
attacks, but this was found to be flawed and false as well. In a situation like this, it truly
comes down to the intelligence available to the people in power. The civilian population
will never know the full extent of intelligence and classified information, therefore we
cannot make concrete conclusions about whether the attack on America was really
imminent. If Saddam Hussein truly did have intentions on acquiring and building nuclear
weapons, then he should have been dealt with accordingly. There is no question that
Hussein was a heinous, rogue, and brutal dictator, and inflicted harm upon his own
population. There are only a small minority who actually argue that removing Hussein
was worse than leaving him in power. Especially with the heightened threat of nuclear
terrorism and proliferation, it is important to protect the United States vital security
interests, and this could be equated with deposing Hussein from power.
Was the (second) invasion of Iraq justified in the eyes of St. Augustine? We
arguably did have just cause, Hussein had inflicted harm on his own people, and
sanctions against his regime did not prove to be sufficient punishment, and did not yield
the desired results.. Did we have legitimate and proper authority, and was it enacted on
behalf of the people? This answer involves a grey area of international politics. The
international community lives with an agreement on state sovereignty and control over its
own territory. International law also has a forum to mediate disputes(U.N). But because
the United States is the lone superpower, we can sometimes break the rules, that is one
perk of hegemony. If you believe that the United Nations charter is the law of the land,
then technically we did not follow the legitimate path of procuring that last security
resolution authorizing force against Iraq. If you adhere to the hegemony camp, then the
United States did have authority, because we make the rules, and have sufficient force
behind us. Did the United States have the "right intentions", and were we fighting for
security and to punish the evil doers? I believe that the United States most vital interest is
national security, and if that is threatened, it is justified to use force to ensure security.
Did we punish the evil doers? Hussein is now cold and dead, which seems sufficient
punishment in retrospect. But did our invasion of Iraq help the civlian population ? This
is an arguable point. Removing a tyrant from power, to allow freedom for the citizens is
in the public interest. But this act is tarnished by the thousands of innocent Iraqi's,
millions of refugees that had to flee the violence, cholera tainting the water supply, and
an electricity grid that does not function properly. Was this the absolute last resort, were
all peaceful alternatives foregone? Again, this could be debated. If the United States had
pushed for and obtained that much needed resolution against Iraq authorizing force, it
would've been the justification needed, and would've been legal in the eyes of the world.
But the world community rejecting this resolution is, in a sense, the last resort, the United
It is clear that the United States faces threats from every corner of the world. The
immense threat presented by nuclear weapons cannot be stressed enough, as a few bombs
could wipe out the entire human population. It is recognized by international law that
every nation-state has a right to rule over its territory, and cannot infringe upon the rights
of another. And it is also recognized that self defense is a right of all nation-states. In this
supplies, and weapons can be moved around the earth at will. The stakes have been raised
extremely high, and the dangers of terrorism have become more visible since the 9/11
attacks. The United States must reserve the right to act preemptively in any and all
trustworthy intelligence is utilized, all other diplomatic and non-violent avenues are
attempted and exhausted, then preemptive war is justified. When an act of war is seen as
American Government and Politics Today describes preemptive war: " Some
point out that preemptive wars against other nations have traditionally been waged by
dictators and rogue states- not democratic nations. By employing such tactics, the United
States would seem to be contradicting its basic values. Others claim that launching a
preemptive wars will make it difficult for the united states to further world peace in the
future. By endorsing such a policy itself, the United States could hardly argue against the
decisions of other nations to do likewise when they feel potentially threatened"(11) These
are very important implications, and valid points raised when faced with such an
important issue. These conclusions need to be examined, discussed, and formulated to aid
in the future legitimacy of United States military action, to properly face the actions of
other states in reaction, to ensure that the United States retains the moral and ethical high
ground in conflict, and to ensure the survival of freedom, prosperity, and liberty, for
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