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THE POLITICS OF JUSTIFYING FORCE

The Politics of Justifying Force

The Suez Crisis, the Iraq War, and International Law

CHARLOTTE PEEVERS

The Politics of Justifying Force The Suez Crisis the Iraq War and International Law - image 1

The Politics of Justifying Force The Suez Crisis the Iraq War and International Law - image 2

Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom

Oxford University Press is a department of the University of Oxford.
It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

Charlotte Peevers 2013

The moral rights of the author have been asserted

First Edition published in 2013

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queens Printer for Scotland

Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data
Data available

Library of Congress Control Number: 2013940018

ISBN 9780199686957

Printed in Great Britain by
CPI Group (UK) Ltd, Croydon, CR0 4YY

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

Afterwards, of course, there were endless discussions about the shooting of the elephant. The owner was furious, but he was only an Indian and could do nothing. Besides, legally I had done the right thing, for a mad elephant has to be killed, like a mad dog, if its owner fails to control it. Among the Europeans opinion was divided. The older men said I was right, the younger men said it was a damn shame to shoot an elephant for killing a coolie, because an elephant was worth more than any damn Coringhee coolie. And afterwards I was very glad that the coolie had been killed; it put me legally in the right and it gave me a sufficient pretext for shooting the elephant. I often wondered whether any of the others grasped that I had done it solely to avoid looking a fool.

George Orwell, Shooting an Elephant in Orwell Shooting an Elephant and Other Essays. (Secker and Warburg, 1950)

Acknowledgements

This book began life first as an intuition and then as a doctoral thesis. For guiding me through those early stages of discovery, frustration, and experimentation I thank my supervisors at the London School of Economics: Christopher Greenwood, Nico Krisch and Andrew Lang. As a doctoral candidate and Fellow at the LSE I benefited immensely from a vibrant research culture and stimulating peers. I gratefully acknowledge the generous funding from the following: the Judge Higgins Scholarship, the Morris Finer Memorial Scholarship, the Wedderburn Grant, and the Law Research Studentship.

I thank the following research archives for their invaluable assistance and patience: the Churchill Archives, Cambridge (papers of Selwyn Lloyd and Lord Kilmuir); the Conservative Party Archive, Oxford University; the Labour Party Archives, Manchester; the Gaitskell Papers at University College, London; the British Library Newspaper Archive (Colindale); and a special thanks to the Public Records Office, Kew.

I thank my doctoral examiners Susan Marks and Ralph Wilde for giving me the confidence to publish, and guidance in making the journey from doctoral thesis to book manuscript. I also thank the commissioning, production, and marketing teams at Oxford University Press, and the generous reviewers who showed such enthusiasm for the project. I have had the good fortune of friends who have challenged, supported, and inspired in equal measure the various manifestations of my ideas. To my ever-available and ever-patient readers I am especially grateful, to Akbar Rasulov, Jacqui Mowbray, Luis Eslava, Nikolas Rajkovic, Rose Parfitt, Shaunnagh Dorsett, Usha Natarajan, and in particular to Olivia Barr. I am also grateful to Flordeliz Bonifacio for careful and timely research assistance on the final manuscript. I pay particular tribute to my mother who listened to draft after draft with such grace and care. Needless to say, all errors, omissions, and opinions remain my own.

Having travelled 10,000 miles during the journey to publication I thank my colleagues at the University of Technology, Sydney for helping me find my feet in a foreign land, and to my friends and family who have stayed so close despite our distance. My greatest thanks go to Neil for sharing these journeys with me. To our newborn son Julian, who laboured with me during the final stages of writing, thank you for giving us the prospect of yet more journeys to share.

This book is for Neil.

Charlotte Peevers

Sydney,

September 2013

Table of Contents

The Suez Crisis

Sir Anthony Eden

British Prime Minister

Hugh Gaitskell

Leader of the Opposition, Labour Party

Harold Macmillan

Chancellor

Selwyn Lloyd

Foreign Secretary

Sir Harold Caccia

Foreign Office Under-Secretary

Sir Ivone Kirkpatrick

Prime Ministers Private Secretary

William Clark

Prime Ministers Press Officer

Sir Alexander Cadogan

Chairman of the Board of Governors, BBC

David Maxwell Fyfe, Lord Kilmuir

Lord Chancellor

George Coldstream

Permanent Secretary to the Lord Chancellor

Sir Gerald Fitzmaurice

Foreign Office Legal Adviser

Francis Vallat

Foreign Office Deputy Legal Adviser

Reginald Manningham-Buller

Attorney-General

Sir Harry Hylton-Foster

Solicitor-General

Sir Pierson Dixon

British Ambassador to the United Nations

Robert Makins

British Ambassador to the United States

Dwight Eisenhower

US President

John Foster Dulles

US Secretary of State for Foreign Affairs

Gamal Abdel Nasser

Egyptian Leader (referred to as Colonel or President)

Mahmoud Fawzi

Egyptian Foreign Minister

Dag Hammerskjld

Secretary General of the United Nations

Robert Menzies

Australian Prime Minister

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