PUBLICATIONS IN DETAIL

 

Book

James Pattison (2010) Humanitarian Intervention and the Responsibility to Protect: Who Should Intervene? (Oxford: Oxford University Press). Available on OUP.co.uk, OUP.com, Amazon.co.uk, and Amazon.com.

SUMMARY: This book considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? This book answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? The book then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.

 

Papers in Progress

 

James Pattison and Deane-Peter Baker (2010) “The Principled Case for Employing Private Military and Security Companies in Humanitarian Interventions and PeacekeepingHuman Rights and Human Welfare Working Papers Series.

 

ABSTRACT: The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state’s duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? Second, on the other hand, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems in this context, such as an abdication of a state’s duties?*

 

Full-length peer-reviewed journal articles

James Pattison (forthcoming) “Deeper Objections to the Privatisation of Military Force”, Journal of Political Philosophy. Also available on Early View at the Journal of Political Philosophy

ABSTRACT: The rapid growth of the private military industry since the end of the Cold War has led to a range of reactions. Some perceive private military and security companies (PMSCs) to be vital actors in the promotion of both states’ interests and humanitarianism worldwide. Others regard PMSCs as tools of western imperialism that herald a return to a pre-Westphalian international system dominated by powerful commercial interests. Although the potential benefits and disadvantages of using PMSCs are often discussed, the moral considerations are rarely fully elaborated, and the focus has largely been on the contingent problems with PMSCs. Accordingly, this article considers some of the deeper objections to the use of private force. The first section focuses on whether it is permissible for an individual to be employed as a private contractor. In the second section, I assess whether it is morally acceptable to employ private contractors. The final section considers the moral justifiability of the private military industry more generally, including whether private force should be entrusted to the market.

 

James Pattison (2010) “Outsourcing the Responsibility to Protect: Humanitarian Intervention and Private Military and Security Companies”, International Theory 2 (1), 1–31.

ABSTRACT: States have recently agreed that there is a responsibility to protect populations threatened by genocide, war crimes, ethnic cleansing, and crimes against humanity. The international community, however, often lacks the resources and willingness to carry out a key part of this responsibility, that is, to undertake humanitarian intervention effectively when required. One potential solution to this problem is to outsource intervention to private military and security companies. In this article, I consider this option. In particular, I present a largely consequentialist argument which asserts that, when two conditions are met, using these companies to bolster the capacity to undertake humanitarian intervention might be morally justifiable overall.

James Pattison (2009) “Humanitarian Intervention, the Responsibility to Protect, and jus in bello”, Global Responsibility to Protect, 1 (3), 364-91 [11,000 words]. This article can also be downloaded on the Brill website.

 

ABSTRACT: This article assesses the moral importance of a humanitarian intervener’s fidelity to the principles to international humanitarian law or jus in bello (principles of just conduct in war).  I begin by outlining the particular principles of jus in bello that an intervener should follow when discharging the responsibility to protect, drawing on Jeff McMahan’s recent work. The second section considers more broadly the moral underpinnings of these principles. I claim that consequentialist justifications of these principles cannot fully grasp their moral significance and, in particular, the difference between doing and allowing. Overall, I argue that these principles are (i) more important and (ii) more stringent in the context of humanitarian intervention.

 

 

James Pattison (2008) “Whose Responsibility to Protect: The Duties of Humanitarian InterventionJournal of Military Ethics, 7 (4), 262-83 [11,000 words].

 

ABSTRACT: The International Commission on Intervention and State Sovereignty’s report, The Responsibility to Protect, argues that when a state is unable or unwilling to uphold its citizens’ basic human rights, such as in cases of genocide, ethnic cleansing, and crimes against humanity, the international community has a responsibility to protect these citizens by undertaking humanitarian intervention. An essential issue, however, remains unresolved: which particular agent in the international community has the duty to intervene? In this article, I critically examine four ways of assigning this duty. Although I highlight the benefits of institutionalising the responsibility to protect, I argue that we should adopt, in the short term at least, a consequentialist solution: humanitarian intervention should be the responsibility of the intervener that will be the most effective.

 

James Pattison (2008) “Just War Theory and the Privatization of Military Force”, Ethics & International Affairs, 22 (2), 143-62. [9,000 words].

ABSTRACT: The use of private military companies (PMCs) has become increasingly prevalent, with such firms as Blackwater, MPRI, and DynCorp taking over a growing number of roles traditionally performed by the regular military. This article uses the framework of just war theory (JWT) to consider the central normative issues raised by this privatization of military force. In particular, I first examine the claim that private contractors are inappropriate actors to wage war because they contravene the JWT principle of right intention. The next section asserts that the use of PMCs is largely consistent with the application of the principle of legitimate authority but undermines two of its central rationales. In the third section, I apply the jus in bello principle of discrimination to PMC personnel. Overall, the article aims to bring the ethical issues posed by the privatization of military force under normative scrutiny by using the framework of JWT. I also suggest some revisions to this framework to ensure that JWT can fully respond to the issues that the privatization of military force raises.

James Pattison (2008) “Legitimacy and Humanitarian Intervention: Who Should Intervene?”, International Journal of Human Rights, 12 (3), 395-413 [11,000 words]. The definitive (typeset) version of this article is available here.

 

ABSTRACT:  In this article, I examine who should undertake humanitarian intervention. Should we prefer intervention by the UN, NATO, a regional or sub-regional organisation, a state, a group of states, or someone else? To answer this question, I first determine which qualities of interveners are morally significant. I highlight in particular the importance of an intervener’s effectiveness and, in doing so, develop a particular conception of legitimacy for humanitarian intervention. I then consider the more empirical question of whether (and to what extent) the current agents of humanitarian intervention actually possess the morally relevant qualities identified, and therefore should intervene. In the last part of the article, I consider ways of improving agents’ willingness to intervene and, ultimately, the legitimacy of humanitarian intervention.

 

James Pattison (2008) “Humanitarian Intervention and a Cosmopolitan UN Force”, Journal of International Political Theory, 4 (1), 126-45 [9,000 words]. This article can also be downloaded on the EUP website here.

ABSTRACT: The current mechanisms and agents of humanitarian intervention are inadequate. As the crisis in Darfur has highlighted, the international community lacks both the willingness to undertake humanitarian intervention and the ability to do so legitimately. This article considers a cosmopolitan solution to these problems: the creation of a standing army for the United Nations. There have been a number of proposals for such a force, including many recently. However, they contain two central flaws: the force proposed would be, firstly, too small and, secondly, too dependent on major states. Accordingly, I argue that, to be a substantial improvement on the current situation, such a force would need to be, firstly, much larger and, secondly, in the hands of cosmopolitan democratic institutions. This two-part solution would solve the problems faced by current interveners, but is unlikely to be realised soon. Accordingly, I argue that our immediate efforts should instead be concentrated on improving regional organisations’ ability to intervene.

James Pattison (2007) “Representativeness and Humanitarian Intervention”, Journal of Social Philosophy, 38 (4), 569-87. [10,000 words]. This article can also be downloaded on the journal website here.

ABSTRACT: In this article, I make the case for the moral importance of two factors that have, to a certain extent, been neglected in the literature on humanitarian intervention. That is, I argue that an intervener’s legitimacy depends on whether it is representative of the opinions on intervention, firstly, of its domestic population -- what I call its ‘internal representativeness’ -- and, secondly, of those subject to its intervention -- what I call its ‘external representativeness’. I present six arguments for the importance of these two factors, three for the importance of an intervener’s internal representativeness and three for the importance of its external representativeness. Given these arguments, I suggest that we need to improve the extent to which current interveners are internally and externally representative.

James Pattison (2007) “Humanitarian Intervention and International Law: The Moral Significance of an Intervener’s Legal Status”, Critical Review of International Social and Political Philosophy, 10 (3), 301-19 [9,000 words]. The definitive (typeset) version of this article can be downloaded here.

ABSTRACT: Although states have recently agreed that there is a universal responsibility to undertake humanitarian intervention to protect populations from egregious violations of human rights, it is unclear who exactly in the international community should intervene. One option, favoured by many, is that intervention should be undertaken by those interveners whose action would be legal according to current international law. This article considers this option by assessing the moral importance of an intervener’s legal status. I begin by suggesting that according to the current international law on humanitarian intervention, UN Security Council authorisation is required for an intervener’s action to be legal. Then, in the main part of the article, I critically examine four reasons for treating an intervener’s legal status as morally significant. Specifically, I argue that it is significantly less morally important that an intervener have UN Security Council authorisation, and therefore be legal, than is commonly assumed.

Other Publications

 

James Pattison (2010) Roundtable in Human Rights and Human Welfare: An International Review of Books and Other Publications:

- “On Genocide and the National Interest”, on “How Genocide Became a National Security Threat”, Mar 2010.

- “Hope, Despair, and Human Rights” on “The Downfall of Human Rights” (April 2010), forthcoming.

James Pattison (2010) "Legitimacy". Commissioned entry in Mark Bevir (ed) Sage Encyclopaedia of Political Theory [2,500 words]

James Pattison (2009) Commissioned ‘Book Note’ of Eric Heinze’s Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention (Albany: SUNY Press, 2009) for Human Rights and Human Welfare.

 

James Pattison (2008) Roundtable in Human Rights and Human Welfare: An International Review of Books and Other Publications:

- “Myths, Reasonable Expectations, and a League of Democracies”, on “Foreign Policy Myths Debunked”, Nov. 08.

- “Improving the Agents and Mechanisms of Humanitarian Intervention”, on “Making Intervention Work”, Oct. 08.

- “Cosmopolitanism and Rationalizing Tendencies”, on “The Politics of NGOs and Aid Assistance”, Sep. 08.

James Pattison (2008) Commissioned book review of Robert Jackson’s Sovereignty, Evolution of an Idea (Cambridge: Polity Press, 2007) for International Affairs, 84 (1), January 2008, 145-146. This can be downloaded here.

Recent Conference Presentations

 

“Who Should Intervene? Humanitarian Intervention and the Responsibility to Protect”

·          Invited Speaker:  The Responsibility to Protect (R2P): From Principle to Practice, 8-12 June 2010, Linköping, Sweden

 

“Private Contractors, Individual Jus ad Bellum, and Just War Theory”

·          Paper presented as part of the MANCEPT Seminar Series, University of Manchester, 4th March 2010.

 

“The Principled Case for Employing Private Military and Security Companies in Humanitarian Interventions and Peacekeeping”

·          Paper presented at the International Studies Association’s Annual Conference, New Orleans, 16-20th February 2010. This can be downloaded here.

·          Paper to be presented at the Thinking (With)Out Borders II: The St Andrews International Political Theory Conference, University of St Andrews, St Andrews, UK, 1-2 July 2010

 

“The Ethics of Privatised Humanitarianism: Humanitarian Intervention, Peacekeeping, and Private Military Companies”

·           Paper presented at the Association of Legal and Social Philosophy’s Annual Conference, University of Edinburgh, 1-3 July 09.

 

“Who Should Intervene? The Agents of Humanitarian Intervention and the Responsibility to Protect”

·           Invited Speaker: Paper presented to the Oxford Institute for Ethics, Law, and Armed Conflict (ELAC), Department of Politics and International Relations, University of Oxford, 11 Feb. 09. This can be listened to here.

 

“Humanitarian Intervention, the Responsibility to Protect, and jus in bello

·           Paper presented at the British International Studies Association’s Annual Conference, University of Exeter, 16 Dec. 08.

·           Invited Speaker: Paper presented as part of the ‘New Voices’ Seminar Series, Newcastle University, 11 Dec. 08.

·           Invited Speaker: Paper presented at the Social Ethics Research Seminar, University of Wales, Newport, 22 Oct. 08.

·           Invited Speaker: Paper presented as part of the Seminar Series, Department of Politics and International Relations, University of Southampton, 16 Oct. 08.

 

“The Privatisation of Military Force: An Overview of the Ethical Issues”

·           Paper presented at Thinking (With)Out Borders: International Political Theory in the 21st Century, University of St Andrews, 12-13 Jun. 08.

 

“Private Force, Public Cost: The Privatisation of Military Force”

·           Paper presented at the Burwalls Centre for Continuing Education, Department of Politics, Philosophy, and International Relations, University of the West of England Research Away Day, 22 May 08.

 

“The Privatisation of Military Force and Just War Theory”

·           Paper presented at the Association of Legal and Social Philosophy’s Annual Conference, University of Nottingham, 27-29 Mar. 08.

 

“The Privatisation of Military Force: A Challenge to Just War Theory?

·           Paper presented at the British International Studies Association’s Annual Conference, University of Cambridge, Dec. 07.

·           Paper presented at ‘Global Social Justice in Theory and Practice?’, the Seventh Annual Conference of the Global Studies Association, 5 Sept. 07.

 

“Outsourcing the Responsibility to Protect: Humanitarian Intervention and Private Military Companies

·           Invited speaker, School of Geography, Politics, and Sociology, Newcastle University, 19 Jan. 07.

 

“Whose Responsibility to Protect? The Duties of Humanitarian Intervention”

·           Paper presented to the British International Studies Association’s Annual Conference, University of Cork, 20 Dec. 06.

·           Invited speaker, Newcastle Political Philosophy Group, 13 Dec. 06.

 

“Legitimacy and Humanitarian Intervention: Who Should Intervene?”

·           Paper presented at ‘Brave New World’, the Tenth Graduate Conference in Political Theory, University of Manchester, 28 Jun. 06.

·           Paper presented at ‘Liberty, Security and the Challenge of Government’, the 56th Political Studies Association Annual Conference, University of Reading, 6 Apr. 06. Available online at www.psa.ac.uk/2006/pps/Pattison.pdf

 

“Humanitarian Intervention and a Cosmopolitan UN Force”

·           Paper presented at the Eighth Annual Graduate Conference in Political Theory, University of Warwick, 11 Feb. 06.

 

“Representativeness and Humanitarian Intervention”

·           Invited speaker, Newcastle Political Philosophy Group, 7 Dec. 05.

·           Paper presented at the Third Pavia Graduate Conference in Political Philosophy, University of Pavia, Italy, 15 Sept. 05.

·           Paper presented at ‘Global Poverty or Global Justice?’, the Fifth Annual Conference of the Global Studies Association, 8 Sept. 05.

 

“Humanitarian Intervention and International Law: The Moral Significance of an Intervener’s Legal Status”

·           Paper presented at ‘Brave New World’, the Ninth Graduate Conference in Political Theory, University of Manchester, 28 Jun. 05.

·           Invited speaker, Newcastle Political Philosophy Group, 27 Apr. 05.

·           Paper presented at the Seventh Annual Graduate Conference in Political Theory, University of Warwick, 7 May 05.

 

 

 

Last updated: April 2010