Heiner Hanggi - The Double Democratic Deficit: Parliamentary Accountability and the Use of Force Under International Auspices

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THE 'DOUBLE DEMOCRATIC DEFICIT'

The Double Democratic Deficit

Parliamentary Accountability and the Use of Force Under International Auspices

Edited by
Hans Born and Heiner Hnggi
Geneva Centre for the Democratic Control of Armed Forces (DCAF)
Switzerland

First published 2004 by Ashgate Publishing

Reissued 2018 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017 USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Hans Born and Heiner Hnggi 2004

Hans Born and Heiner Hnggi have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

A Library of Congress record exists under LC control number: 2003066255

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publishers Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

ISBN 13: 978-0-815-39765-6 (hbk)
ISBN 13: 978-1-351-14712-5 (ebk)

Contents

Guide

Dr. Giovanna Bono is a post-doctoral Research Fellow at the Department of Peace Studies at the University of Bradford, UK. She is a member of the research and training network project on Bridging the Accountability Gap in European Security and Defence Policy.

Dr. Hans Born is Senior Fellow at the Geneva Centre for the Democratic Control of Armed Forces (DCAF). He coordinates the DCAF working groups on parliamentary oversight of the security sector and on legal aspects of security sector governance.

Prof. Dr. Lori Fisler Damrosch is the Henry L. Moses Professor of Law and International Organization at Columbia University in New York City. She is CoEditor-in-Chief of the American Journal of International Law and a counsellor of the American Society of International Law, of which she was Vice-President in 1996-98.

Dr. Willem F. van Eekelen is Alternate Member on behalf of the Netherlands' Senate to the European Convention. He has been a Member of both Chambers of the Netherlands' Parliament (Senate and House of Representatives), Netherlands' Minister of Defence, Secretary-General of the Western European Union (WEU) and Vice-President of NATO Parliamentary Assembly.

Catriona Gourlay is the Executive Director of the International Security Information Service, Europe (ISIS Europe), a Brussels-based independent research organisation. She is a member of the research and training network project on Bridging the Accountability Gap in European Security and Defence Policy.

Dr. Owen Greene is Research Director at the Department of Peace Studies, and Director of the Centre for International Cooperation and Security, Bradford University, UK. He is a Co-Director of the research and training network project on Bridging the Accountability Gap in European Security and Defence Policy.

Dr. Heiner Hnggi is Assistant Director and Head of Think Tank at the Geneva Centre for the Democratic Control of Armed Forces (DCAF); concurrently, he is a lecturer in political science/international relations at the University of St. Gallen, Switzerland.

Jan Hoekema is Ambassador for Cultural Cooperation at the Netherlands' Ministry of Foreign Affairs. From 1994 to 2002, he was a Member of Parliament (House of Representatives). He was President of the Defence and Security Committee of the NATO Parliamentary Assembly and a Member of the Board of Parliamentarians for Global Action.

Dr. Charlotte Ku is Executive Vice-President and Executive Director of the American Society of International Law. She is Co-Editor (with Harold K. Jacobson) of Democratic Accountability and the Use of Force in International Law (Cambridge University Press, 2003).

Christ Klep is a historian specializing in Dutch contemporary military history and peace-support operations. From 1982 to 2000, he was a researcher at the Military History Department of the Royal Netherlands Army. He is currently a freelance writer and part-time lecturer at the University of Utrecht, The Netherlands.

Dr. Roman Schmidt-Radefeldt is Assistant Professor at the Institute of European and International Law, University of Leipzig, Germany. He is Legal Adviser to the German Armed Forces and a member of the International Law Association and the International Society for Military Law and the Law of War.

Marlene Urscheler is Deputy Head of the Coordination Office for Humanitarian Law EAPC/PfP at the Swiss Ministry of Foreign Affairs. From 2001 to 2003 she has been working as a Research Assistant and Research Associate at the Geneva Centre for the Democratic Control of Armed Forces (DCAF).

Prof. Dr. Donna Winslow holds the Chair of Social Anthropology (with special emphasis on development studies) at the Vrije Universiteit (Free University) in Amsterdam. Concurrently, she is an Adjunct Professor at the Royal Military Academy in Breda, the Netherlands.

Javier Solana

The debate about the use of force in managing international order today is essentially about the perennial question of the relation between power and legitimacy. Law and power have historically been two sides of the same coin. Power is needed to establish law, and law is the legitimate face of power.

The new globalised world offers both a brighter prospect than mankind has ever known and at the same time a more terrifying future. Which of these comes about will depend partly on our actions. The European Union is committed to build an international order based on effective multilateralism which aims to tackle both causes and symptoms of instability.

The fundamental framework today for international relations is the United Nations Charter. It provides the framework for a rule-based international order and for action to confront the violation of rules and threats to international peace and security. In a world of global threats, global markets and global media, strengthening the international order requires commitment to equip and enable the United Nations to act effectively in order to fulfil its responsibilities. This is a key European priority. In support of effective multilateralism the European Union needs to develop a strategic culture that fosters early, rapid and when necessary, robust intervention. This applies particularly in efforts to deal with the new threats of terrorism, proliferation of weapons of mass destruction and failed states and organised crime.

International order however also depends on building a world of well-governed democratic societies. Spreading good governance, dealing with corruption and abuse of power, establishing the rule of law and protecting human rights are the best means of strengthening the international order. A world seen as offering justice and opportunity for everyone will be more secure for everyone. The European Union is committed to global partnerships to tackle causes as well as symptoms. For example, looking at causes also means addressing the political environment from which terrorism grows with the same vigour and determination that we address acts of terrorism. Because while no cause can justify terrorism, there is no justification for ignoring the causes of terrorism.

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