Thursday, March 18, 2010

Jus ad bellum

Jus ad bellum (Latin for "right to wage war"; see also Just War) are a set of criteria that are consulted before engaging in war, in order to determine whether entering into war is justifiable. Jus ad bellum is sometimes considered a part of the laws of war, although the term "laws of war" can also be considered to refer to jus in bello, which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just). See G. E. M. Anscombe. An international agreement limiting the justifiable reasons for a country to declare war against another is concerned with jus ad bellum. In addition to bilateral non-aggression pacts, the twentieth century saw multilateral treaties defining entirely new restrictions against going to war. The three most notable examples are the Kellogg-Briand Pact outlawing war as an instrument of national policy, the London Charter (known also as the Nuremberg Charter) defining "crimes against peace" as one of three major categories of international crime to be prosecuted after World War II, and the United Nations Charter, which binds nations to seek resolution of disputes by peaceful means and requires authorization by the United Nations before a nation may initiate any use of force against another, beyond repulsing an immediate armed attack against its sovereign territory. By contrast, agreements defining limits on acceptable conduct while already engaged in war are considered "rules of war" and are referred to as the jus in bello. Thus the Geneva Conventions are a set of "jus in bello". Doctrines concerning the protection of civilians in wartime, or the need for "proportionality" when force is used, are addressed to issues of conduct within a war, but the same doctrines can also shed light on the question of when it is lawful (or unlawful) to go to war in the first place. These terms are used in discussions of international law and philosophy. According to Robert Kolb: The august solemnity of Latin confers on the terms jus ad bellum and jus in bello the misleading appearance of being centuries old. In fact, these expressions were only coined at the time of the League of Nations and were rarely used in doctrine or practice until after the Second World War, in the late 1940s to be precise By this Kolb means that the terms themselves as legal terms, and the subdivision of the doctrine of just war into the branches jus ad bellum and jus in bello, are recent. The concept of just war and the term bellum justum dates to St. Augustine of Hippo in the fifth century.

Casus belli

Historical examples This section outlines a number of the more famous or controversial cases of casus belli which have occurred in modern times. World War I A political assassination provided the trigger that led to the outbreak of World War I. In June 1914, the Assassination of Archduke Franz Ferdinand of Austria at Sarajevo in Austria-Hungary by Gavrilo Princip, a Serbian nationalist from Bosnia, Austrian subject and member of Young Bosnia, was used by Austria-Hungary as a casus belli for declaring war on Serbia. The Russian Empire started to mobilise its troops in defence of its ally Serbia, which resulted in the German Empire declaring war on Russia in support of its ally Austria-Hungary. Very quickly, after the involvement of France, the Ottoman Empire and the British Empire, five of the six great European powers became involved in the first European general war since the Napoleonic Wars. World War II In his autobiography Mein Kampf, Adolf Hitler had advocated in the 1920s a policy of lebensraum ("living space") for the German people, which in practical terms meant German territorial expansion into Eastern Europe. In August 1939, in order to implement the first phase of this policy, Germany's Nazi government under Hitler's leadership staged the Gleiwitz incident, which was used as a casus belli for the invasion of Poland the following September. Poland's allies Britain and France honoured their alliance and subsequently declared war on Germany. In 1941, acting once again in accordance with the policy of lebensraum, Nazi Germany invaded the Soviet Union, using the casus belli of pre-emptive war to justify the act of aggression. The Soviet Union also employed a manufactured casus belli during World War II. In November 1939, shortly after the outbreak of hostilities between Germany, Britain and France, the Soviet Union staged the shelling of the Russian village of Mainila, which it blamed on the Finns. This manufactured incident was then used as a casus belli for the invasion of Finland. In 1998, Russian President Boris Yeltsin admitted that the invasion had in fact constituted a Soviet war of aggression. Six-Day War A casus belli played a prominent role during the Six-Day War of 1967. The Israeli government had a short list of casus belli, acts that it would consider provocations justifying armed retaliation. The most important was a blockade of the Straits of Tiran leading into Eilat, Israel's only port to the Red Sea, through which Israel received much of its oil. After several border incidents between Israel and Egypt's allies Syria and Jordan, Egypt expelled UNEF peacekeepers from the Sinai Peninsula, established a military presence at Sharm el-Sheikh, and announced a blockade of the straits, prompting Israel to cite its casus belli in opening hostilities against Egypt. Vietnam War Many historians have suggested that the Gulf of Tonkin Incident was a manufactured pretext for the Vietnam War. North Vietnamese Naval officials have publicly stated that the USS Maddox was never fired on by North Vietnamese naval forces. The movie "The Fog of War" contains an admission from former US Defense Secretary at the time Robert McNamara that the Gulf of Tonkin Incident "never happened". Deniability played favorably into the propaganda efforts of North Vietnam throughout the war, and for some years to follow. However, the PAVN Museum in Hanoi found it irresistible to proudly display "Part of a torpedo boat... which successfully chased away the USS Maddox August, [sic] 2nd 1964". 1982 Israeli Invasion of Lebanon The casus belli cited by Israel for its June 1982 invasion of Lebanon was the attempted assassination of the Israeli Ambassador in London, which the Israeli government blamed on the Palestinian Liberation Organization (although the attempt had actually been made by the PNLM, a Palestinian splinter group implacably opposed to the PLO). In reality however, the invasion had long been planned by the Israelis, who were concerned about the growing power of the PLO in Lebanon. Turkey and Greece Main article: Aegean dispute In 1995, The Turkish Parliament issued a casus belli against Greece in reaction to an enacted extension of Greek territorial waters from 6 nautical miles (11 km) to 12 nautical miles (22 km) from the coast. War on Terror The casus belli for the Bush administration's conceptual War on Terror, which resulted in the 2001 Afghan war and the 2003 Iraq war, was the September 11, 2001 attacks on the World Trade Center in New York City, The Pentagon in Arlington, Virginia and the apparently intended attack on the United States Capitol in Washington, D.C. 2003 Invasion of Iraq When the United States invaded Iraq in 2003, it cited non-compliance with the terms of cease-fire for the 1990-1991 Gulf War, as well as planning in 1997 the attempted assassinations of former President George Bush and then-sitting President Bill Clinton as its stated casus belli. Cited by the Bush administration was Saddam Hussein's weapons of mass destruction (WMD) program. The administration claimed that Iraq had not conformed with its obligation to disarm under past UN Resolutions, and that Saddam Hussein was actively attempting to acquire a nuclear weapons capability as well as enhance an existing arsenal of chemical and biological weapons. Secretary of State Colin Powell addressed a plenary session of the United Nations Security Council on February 5, 2003 citing these reasons as justification for military action. Subsequent to the invasion, a US government-sponsored report concluded that although Saddam Hussein had intended to resume WMD production once the Gulf War sanctions were lifted, none of the alleged WMD stockpiles were found during or after the subsequent invasion.

Casus belli

Casus belli is a Latin expression meaning the justification for acts of war. Casus means "incident", "rupture" or indeed "case", while belli means "of war". It is usually distinguished from casus foederis, with casus belli being used to refer to offenses or threats directly against a nation, and casus foederis to refer to offenses or threats to another, allied, nation with which the justifying nation is engaged in a mutual defense treaty, such as NATO.

It is sometimes misspelled and mispronounced as "causus belli" since this resembles the English "cause" (and a different Latin word, causa {cause}). "Casus belli" is sometimes pronounced this way because the term is used with the meaning of "cause for war", instead of "case of war" (notice that "case" comes from Latin "casus"). The OED, however, gives the pronunciation above.

The term came into wide usage in the seventeenth and eighteenth centuries with the writings of Hugo Grotius (1625), Cornelius van Bynkershoek (1737), and Jean-Jacques Burlamaqui (1748), among others, and the rise of the political doctrine of jus ad bellum or "just war theory". Informal usage varies beyond its technical definition to refer to any "just cause" a nation may claim for entering into a conflict. As such, it has been used both retroactively to describe situations in history before the term came into wide usage and in the present day when describing situations when war has not been formally declared.

Formally, a government would lay out its reasons for going to war, as well as its intentions in prosecuting it and the steps that might be taken to avert it. In so doing, the government would attempt to demonstrate that it was going to war only as a last resort (ultima Ratio) and that it in fact possessed "just cause" for doing so. In theory international law today allows only three situations as legal cause to go to war: out of self-defense, defense of an ally under a mutual defense pact, or sanctioned by the UN. Any war for another cause is considered illegal and those who engage in it subject to prosecution for a war crime.

Proschema (plural proschemata) is the Greek equivalent term. The stated reasons may or may not be the actual reason for waging the war (prophasis, πρὸφασις). The term was first popularized by Thucydides in his History of the Peloponnesian War, who identified fear, honor, and interest as the three primary real reasons that wars are waged, while proschemata commonly play up nationalism or fearmongering (as opposed to rational or reasonable fears).

Reasons for use
Countries need a public justification for attacking another country. This justification is needed to galvanize internal support for the war, as well as gain the support of potential allies.

In the post World War Two era, the UN Charter prohibits signatory countries from engaging in war except 1) as a means of defending themselves against aggression, or 2) unless the UN as a body has given prior approval to the operation. The UN also reserves the right to ask member nations to intervene against non-signatory countries which embark on wars of aggression. In effect, this means that countries in the modern era must have a plausible casus belli for initiating military action, or risk UN sanctions or intervention.

Security Information Agency


The Security Information Agency (Serbian: Безбедносно-информативна агенција / Bezbednosno-informativna agencija; БИА / BIA) is the intelligence agency of the Republic of Serbia that deals with bringing information (concerning organized crime, terrorism and many other areas) of security issue to Serbia, then analyzing and presenting it to state institutions for further action.

It was formed in 2002 and its headquarters is in Queen Anna Street in Belgrade, Serbia's capital. The predecessor of BIA was SDB, State Security Agency (Serbian: Служба државне безбедности / Služba državne bezbednosti), Serbia's intelligence agency up until 2002.

According to the Constitution of the Republic of Serbia, BIA is under the control of the National Assembly of Serbia and the Government of Serbia. BIA has to brief these two institutions about the state of security of the Republic of Serbia twice a year.

Yugoslav People's Army Part IV


Dissolution
During the early stages of the Yugoslav wars, and in general during the breakup of Yugoslavia, there was a great sense of confusion and concern as to the role that would be played by the Yugoslav People's Army.

Due to the fact that roughly 60% of the JNA's upper leadership was ethnically Serbian, when war broke out in Croatia in 1991 (Croatian War of Independence), the Croatians increasingly treated the JNA as a hostile force. During the Battle of Vukovar, the diverse ethnic backgrounds of the JNA's soldiers with no real stake or interest in the war in Croatia led to instances of desertion and confusion in the area. This was primarily caused by a lack of understanding as to where they stood with both the Croatian defence forces and the Serbian paramilitary units who were promoting a purely Serbian agenda in Eastern Slavonia.

The morale in parts of the JNA became very low as the war intensified. On September 29, 1991, the navy admiral Vladimir Barović committed suicide while stationed at the Vis naval base, leaving a suicide letter which stated that he could not reconcile his feeling of honor as a Montenegrin with the aggression of the JNA against Croatia.[citation needed] At the beginning of the war in Croatia, the JNA targeted civilians, killing three children near the Grabovac Campground at Plitvice Lakes.

By the end of 1991, when both Slovenia and Croatia had practically seceded, the JNA was crippled as a joint army of the Socialist Federal Republic of Yugoslavia, and was deprived of its basic fundamentals as a fighting force.

Further complications arose when the Republic of Macedonia and Bosnia and Herzegovina declared their independence and an already unpopular war caused conscription levels in Serbia to drop to only 13% of what was required to maintain a functioning army. Many in Macedonia and Bosnia and Herzegovina felt that the war was none of their concern and that their people should not have anything to do with the conflicts developing in the region. By mid-1992, war spread to Bosnia.

The Socialist Federal Republic of Yugoslavia was replaced by the Federal Republic of Yugoslavia, JNA was subsequently dissolved and replaced by the Yugoslav Military (Vojska Jugoslavia) or VJ.

In May 1992, the United Nations Security Council confirmed independence of the new republics and accepted them into the UN. In accordance, the Yugoslav Army was asked to withdraw from Bosnia (as it was now deemed a hostile armed intervention in another sovereign state) or face sanctions. On May 12, 1992, JNA units were split between the Army of Yugoslavia (FRY) and the Army of Republika Srpska (mostly in accordance with geographical location or place of origin), along with the majority of officer staff. In reality, this meant that many units changed nothing except their titles and insignia.

After the formation of militaries in the new republics and the JNA was officially dissolved, the Army of the Federal Republic of Yugoslavia was reformed with new democratic intentions overshadowing the old socialistic fundamentals of the Yugoslav People's Army. Changes to the Yugoslav Military (Vojska Jugoslavia) were very slow and modernization did not begin until near the war's end. The solidarity of the army cadres helped keep Slobodan Milošević in power, but when he was overthrown, the army did not intervene.

In the end, Serbia inherited most of Yugoslavia's military arsenal, though some of its infrastructure was destroyed or left behind in other Yugoslav republics. Croatians captured some of the arsenal in the Battle of the Barracks. What remained of the navy was left to Montenegro.

Yugoslav People's Army Part III


Navy
Minor surface combatants operated by the Yugoslav Navy included nearly eighty frigates, corvettes, submarines, minesweepers, and missile, torpedo, and patrol boats in the Adriatic Fleet. The entire coast of Yugoslavia was part of the naval region headquartered at Split (now part of Croatia).

The Partisans had operated many small boats in raids harassing Italian convoys in the Adriatic Sea during World War II. After the war, the navy operated numerous German and Italian submarines, destroyers, minesweepers, and tank-landing craft captured during the war or received as war reparations. The United States provided eight torpedo boats in the late 1940s, but most of those units were soon obsolete. The navy was upgraded in the 1960s when it acquired ten Osa-I class missile boats and four Shershen class torpedo boats from the Soviet Union. The Soviets granted a license to build eleven additional Shershen units in Yugoslav shipyards developed for this purpose.

In 1980 and 1982, the Yugoslav navy took delivery of two Soviet Koni class frigates. In 1988 it completed two additional units under license. The Koni frigates were armed with four Soviet P-15 Termit surface-to-surface missile launchers, twin 9K33 Osa (NATO reporting name: SA-8 "Gecko") surface-to-air missiles, and anti-submarine rocket launchers.

The Yugoslav navy developed its own submarine-building capability during the 1960s. In 1990, the main combat units of the submarine service were three Heroj class submarines armed with 533 mm torpedoes. Two smaller Sava class submarines entered service in the late 1970s. Two Sutjeska-class submarines had been relegated mainly to training missions by 1990. At that time the navy had apparently shifted to construction of versatile midget submarines. Four Una-class midgets and four Mala-class swimmer delivery vehicles were in service in the late 1980s. They were built for use by underwater demolition teams and special forces. The Una-class boats carried five crewmen, eight combat swimmers, four Mala vehicles, and limpet mines. The Mala vehicles carried two swimmers and 250 kilograms of mines.

The Yugoslav navy operated ten Osa class missile boats and six Končar class missile boats. The Osa I boats were armed with four P-15 Termit surface-to-surface missile launchers. In 1990, ten domestic Kobra missile boats were scheduled to begin replacing the Osa I class. The Kobra class was to be armed with eight Swedish RBS-15 anti-ship missiles, and fifteen of them were ordered in late 1989. Armed with two P-15 Termit launchers, the Končar class boats were modeled after the Spica class torpedo boats, and there were plans to upgrade them with Swedish-built missiles. Two Kobra missile boats were built by Croatia as the Kralj class fast attack craft and both are still in service. The navy's fifteen Topčider-class torpedo boats included four former Soviet Shershen-class and eleven Yugoslav built units.

The Yugoslav navy's mine warfare and countermeasures capabilities were considered adequate in 1990. It operated four Vukov Klanac-class coastal minesweepers built on a French design, four British Ham class minesweepers, and six 117-class inshore minesweepers built in domestic shipyards. Larger numbers of older and less capable minesweepers were mainly used in riverine operations. Other older units were used as dedicated minelayers. The navy used amphibious landing craft in support of army operations in the area of the Danube, Sava, and Drava rivers. They included both tank and assault landing craft. In 1990, there were four 501-class, ten 211-class, and twenty-five 601-class landing craft in service. Most of them were also capable of laying mines in rivers and coastal areas.

The Yugoslav Navy had 10,000 sailors (including 4,400 conscripts and 900 marines). This was essentially a coastal defense force with the mission of preventing enemy amphibious landings along the country's rugged 4,000-kilometer shoreline and coastal islands, and contesting an enemy blockade or control of the strategic Strait of Otranto. The entire coast of Yugoslavia was part of the naval region headquartered at Split. The naval region was divided into three smaller naval districts and a riverine flotilla with major naval bases located at Split, Sibenik, Pula, Ploce and Kotor on the Adriatic Sea, and Novi Sad on the River Danube. The strategic islands of Vis and Lastovo were heavily fortified and unauthorised entry was prohibited. The fleet was organized into missile, torpedo, and patrol boat brigades, a submarine division, and minesweeper flotillas. The naval order of battle included four frigates, three corvettes, five patrol submarines, fifty-eight missile, torpedo, and patrol boats, and twenty-eight minesweepers. One antisubmarine warfare helicopter squadron was based at Split on the Adriatic coast. It employed Soviet Ka-25, Ka-28, and Mi-8 helicopters, and domestic Partisan helicopters. Some air force fighter and reconnaissance squadrons supported naval operations.

Yugoslav People's Army Part II


Ground forces
The ground forces led in number of personnel. In 1991 there were about 165,000 active-duty soldiers (including 90,000 conscripts), and over a million trained reservists could be mobilized in wartime. Each of the Yugoslav constituent republics had its own Territorial Defence Forces which in wartime would be subordinate to Supreme Command as an integral part of the defence system. The Territorial Defence (Reserve Force) was made up of former conscripts; they were occasionally called up for war exercises.

The ground forces were organised into infantry, armour, artillery, and air defence, as well as signal, engineering and chemical defence corps.

Air Force
The Yugoslav Air Force had about 32,000 personnel including 4,000 conscripts, and operated over 1,000 aircraft and 200 helicopters. In 1991, it was the second largest air force in Europe. It was responsible for transport, reconnaissance, and rotary-wing aircraft as well as the national air defense system. The primary air force missions were to contest enemy efforts to establish air supremacy over Yugoslavia and to support the defensive operations of the ground forces and navy. Most aircraft were produced in Yugoslavia. Missiles were produced domestically or supplied by the Soviet Union.

The Yugoslav Air Force had twelve squadrons of domestically produced ground attack fighters. The ground attack squadrons provided close air support to ground force operations. They were equipped with 165 new Soko J-22 Orao, Super Galeb and J-21 Jastreb, and older Soko J-20 Kraguj fighters. Many ground attack fighters were armed with AGM-65 Maverick air-to-surface missiles purchased from the United States. Others were armed with Soviet Kh-23 and Kh-28 missiles. The air force also had about ninety armed Mi-8 helicopter gunships to provide added mobility and fire support for small ground units. A large number of reconnaissance aircraft were available to support ground forces operations. Four squadrons of seventy Galeb, Jastreb, and Orao-1 fighters were configured for reconnaissance missions.

The Yugoslav Air Force had nine squadrons of 130 Soviet-made MiG-21 interceptors for air defence. First produced in the late 1950s, the MiG-21 design was largely obsolete in 1990 and represented a potential weakness in Yugoslavia's air defense. However, the bulk of the MiG-21 fleet consisted mainly of the bis variant, the latest production MiG-21 model, and was armed with Soviet Vympel K-13 (NATO reporting name: AA-2 "Atoll"), air-to-air missiles and some more modern Molniya R-60 (NATO reporting name: AA-8 "Aphid") missiles as well as twin 23 mm cannons. By 1989, Yugoslavia started developing a new domestic multirole fighter called Novi Avion, which was supposed to replace the MiG-21 and J-21 Jastreb fleets entirely. The design of the new aircraft was influenced by both Mirage 2000 and Dassault Rafale fighter types and it was to enter service by early 2000s. As an interim solution, a modernization package was planned for the MiG-21 and it is speculated that India's MiG-21 Bison upgrade was actually intended for Yugoslav aircraft.

In 1987, Yugoslavia acquired 16 MiG-29 interceptors.

Although not officially known at the time, Yugoslavia was rumored to have been interested in the purchase of certain numbers of Su-25 attack-aircraft and Mi-24 gunships. Instead of developing its own fighter plane, the Novi Avion, the country made a request to licence-build the F-20, but due to unstable relations with the US, the request was rejected. By the late 1980s, the licenced production of Eurocopter Super Puma was also envisaged, but due to the dissolution of the country, it was never realized.

The Yugoslav Air Force conducted a large pilot training program with almost 200 G-2's, G-4's, and UTVA-75 aircraft. The propeller-driven UTVA trainers had under-wing pylons capable of carrying light weapon loads. A new UTVA Lasta trainer was under development in 1990. After practicing instrument and night flying, gunnery, bombing, rocket firing, and aerial maneuvers in the Lasta, student pilots progressed to the Super Galeb. Twenty Partisan helicopters were used for pilot training.

One of the most impressive structures operated by the JNA Air Force was the underground Željava Air Base near the town of Bihac in Bosnia. The structure was made to withstand a nuclear explosion and was destroyed by the JNA in 1992 to prevent its capture. Željava was home to the 117th Fighter Aviation Regiment, which was composed of the 124th and 125th Fighter Squadrons, equipped with MiG-21Bis fighters, and the 352nd Reconnaissance Squadron, equipped with MiG-21R aircraft.

The Air and Air Defence Forces were headquartered at Zemun and had fighter and bomber aircraft, helicopters, and air defence artillery units at air bases throughout the former Yugoslavia: Batajnica Air Base (Belgrade), Niš Constantine the Great Airport, Slatina Air Base (Priština), Golubovci Airbase (Titograd), Skopski Petrovec, Sarajevo, Mostar, Željava Air Base (Bihać), Pleso (Zagreb), Split Airport, Pula, Zemunik (Zadar), Cerklje ob Krki and many other smaller air bases.