Professional Documents
Culture Documents
Since the closing days of the Cold War military interventions by major powers
have reverberated through the international system: in the Gulf, 1990; Kosovo,
1999; Afghanistan, 2001; Iraq, 2003; Georgia, 2008; and Libya, 2011. These
interventions have been less dangerous to global order than many earlier ones
in an era of bipolar confrontation. Yet the coercive use of force against sover-
eign states, often accompanied by efforts to alter political arrangements in the
target states, has deeply divided the post-Cold War international community.
Controversies have flared over the legal, normative, and political rationales of
these operations. They have weakened the common ties of international soci-
ety and challenged established principles of international order.
The dividing lines between states in these controversies have varied.
However, Russia has distinguished itself as a frequent and vocal, if not con-
sistent, critic of Western-led intervention. Russia has also been embroiled in
disputes over its own use of force in neighbouring post-Soviet states. Since the
early 1990s, especially since the end of that decade, Moscow has been one of
few major states with the political will and some influence, at least through its
permanent membership of the United Nations Security Council, to shape or
maintain norms and law regulating the use of force. This can be traced dis-
cursively though the justifications, claims, and responses of Russia and other
states around major interventions. The wider political context to key interven-
tions has also impacted on the evolution of norms constraining and enabling
the use of force.
Russia’s engagement and influence in international debates over military
intervention and the use of force has been understudied. Moscow’s role has
puzzling inconsistencies but also intriguing continuities, and an examina-
tion of these over more than two decades, from the first Gulf War in 1990 to
intervention in Libya in 2011, reveals a complex interaction between domestic
state, regional, and global political and normative processes. It reveals adap-
tation as well as resistance to wider normative currents and the evolution of
customary international law. It also shows how Russia, as a former superpower,
of states and shape their interests. In this respect Russia has displayed a
remarkable continuity in its underlying attitudes to the use of force. We sug-
gest below that this may be explained by locating Russia within the pluralist
group of states in international society, as presented in English School think-
ing. Moscow perceives itself as bound by common rules, as other states, but
perceives a thinner set of common values than many others in the society of
states. This pluralism in turn has been reinforced by particular and traditional
Russian conceptions of regional and domestic state order rooted in the think-
ing of domestic political elites.
Military intervention is defined for this book quite broadly. This allows the
selection and examination of the legal and normative discourse and political
responses around a variety of high profile cases of the use of military force.
Military intervention is viewed first and foremost, however, as a political act
with the use of military means. Legal or normative claims are used to justify
this political act and we investigate how far this discourse contributes to norm
formation.
The central feature of the phenomenon of intervention, defined from this
political perspective, is an effort to change or preserve the structure of power
and authority within a foreign state. Attention is focused on ‘the direct and
coercive application of military force in internal conflicts to affect their course
and outcome’.2 The core element found in legal definitions of intervention,
on the other hand, is action that is neither requested nor approved by state
authorities; consent is critical. This is incorporated in the definition of mili-
tary intervention offered by Finnemore, as the deployment of military forces
by a foreign power or powers for the purpose of controlling domestic politics
in the target state, ‘in ways that clearly violate sovereignty’.3
On the other hand, if we are to take military coercion seriously as a
criterion and we recognize that it may be problematic to establish sovereign
decision-making in civil conflicts, then the scope of our analysis should be
enlarged. It is necessary also to cover those cases, which do not constitute
UN peacekeeping, where a government invites or accepts intervention from
outside by a state to militarily coerce its domestic opponents. This focus on
coercion, or enforcement, means our analysis includes Russian-style ‘peace-
keeping’ in regional CIS conflicts, such as in Tajikistan in the 1990s.
Then humanitarian intervention can be defined as a subset or offshoot of
military intervention, aimed at protecting the lives and welfare of foreign
citizens. In such cases coercion for self-interested material goals or for alter-
ing the political balance in the state involved may not be foremost and is seem-
ingly replaced by human-focused and ethical principles and motivations,
If international law and norms both constrain and enable state behaviour then
the United Nations Charter has represented the foundational source of legal
restraint on the use of force since its signature in 1945. Most international
lawyers, including Russian ones, have considered that the right to use force is
restricted under the Charter, as a core treaty obligation, strictly to the purposes
of self-defence: the ‘restrictionist’ interpretation. Article 2 (4) of the Charter
enjoins member states to refrain from the ‘threat or use of force against the
territorial integrity or political independence of any state’. There are only two
legally recognized exceptions.
First, Article 51 of the Charter acknowledges states’ ‘inherent right of
individual or collective self-defence’ in the case of an armed attack against
on the politics of international law, rather than legal rulings and detailed
juridical interpretations.
In broad terms norms are shared principles and expectations describing what
states generally do and how they should or should not act in particular situ-
ations. A norm can be defined more concisely as a standard of appropriate
behaviour for actors with a given identity.9 What role do standards of appro-
priate conduct then play in relation to state behaviour and the understanding
of how states ‘ought’ to act? Finnemore argues persuasively that ‘norms create
permissive conditions for action but do not determine action’. In other words
‘new or changed norms enable new or different behaviors; they do not ensure
such behaviors’.10 Norms also constrain behaviour by offering standards of
judgement and the option of censure or sanction by other states.
Norms are closely connected to the idea of an international society, they help
form the rules and structure enabling a sense of community to emerge from the
system of states. Widely held norms develop and are shared inter-subjectively
among states. Since they are not idiosyncratic in their effects, they leave broad
patterns for social science analysis and scholarly study.11
Normative context also shapes conceptions of interest of international
actors both at the systemic and sub-systemic levels (this opens up the regional
dimension which we explore below). However, do norms as defined above take
sufficient account of the role of states’ self-interest? A focus on self-interest,
especially among neo-realists, has led many to argue that what matters in
military intervention is state motivation.
Yet it is very likely that the motivations of the states participating in inter-
ventions, such as in Kosovo or Iraq, included a mix of politically driven
self-interest, alliance interest, and the pursuit of normative principles. Similarly
both self-interest and normative concerns seemed to infuse the Soviet and
Russian cases we investigate, such as Soviet approaches to the Gulf War in
1990 or Russian involvement in CIS conflicts early in the 1990s. In admitting
a role for Realpolitik we can still recognize the constraints that arise from the
regulating effect of norms and law.
The key insight here is that states seek international legitimacy for their
actions and ‘for intervention to be legitimately mandated, it must be justified
in terms of normative principles that are generally accepted in international
society’, even if ‘such justifications may to some extent be spurious and mask
power-political or other self-centred motivations’.12 We should note also that a
striving for legitimacy explains the importance attached to the role of interna-
tional organizations, especially the United Nations, in interpreting norms and
authorizing intervention. As noted below, such bodies also act as sounding
of a single state, Russia, and its interaction with other powers during just two
decades (1991–2012). In the case of Russia the process of articulating shared
values and expectations mainly has engaged top decision-makers and some-
time elites rather than the wider public. Finnemore investigates humanitarian
intervention, as well as norm contestation and change, over a much longer
time period. Her findings show that the consensual basis of certain norms has
been challenged by others and especially by humanitarian claims.16 The dis-
course we assess involves a wider typology of interventions during a narrower
time frame. We also explore the grey area, or transitional process, between
norms and customary law. We appraise a variety of legal claims to justify
action, for example, ones based on new understandings of the preconditions
for self-defence.
Change in both norms and customary law is a discursive process. Contested
interpretations are played out and compete on the international stage for the
benefit of wider audiences and to persuade them, most prominently in the
UN Security Council. This body is not just a decision-making body but also
‘a key venue for deliberation and justificatory discourse—a place where the
rules about the use of force are defined, debated, interpreted and reinter-
preted’. Deliberation on the basis of agreed standards injects some impartial
argumentation into the process, at least slightly mitigating calculations of
national interest and vote-trading or buying.17
Yet the discourse of the Security Council, which we will study closely,
clearly does not express a competition just driven by logic, reason or jurispru-
dence, since it is underpinned by political and state interest. The playing field
is far from level, moreover, although Security Council veto rights have some
levelling effect between the privileged five permanent member states. Norms
and customary law evolve discursively in an environment where major powers
wield particular influence and may exercise coercion. They hope to attract and
often succeed in attracting other states to their claims over what is appropri-
ate, legal, and indeed legitimate and their persuasiveness often reflects their
political clout.
That said it remains difficult for states to challenge established param-
eters over the use of force. Even powerful states struggle to advance claims
which operate at the expense of basic principles of state sovereignty and
non-intervention (which we might also regard as comprising collections of
norms).18 They need to take account of not only the reactions of other states
but also the possible backlash on their own interests and on their own state
immunity of such claims in the future. This is demonstrated by the way the
US under the administrations of George W. Bush eventually reined back its
claims over military pre-emption.
This confirms that the process of justification over interventions, even if
cast in legal terminology, or the language of emerging norms, is fundamen-
tally political, that norms and customary law develop in a political context.
into account, it has become problematic since the early 2000s to identify
transnational norm diff usion at the societal level or transnational societal
consensus in Russia. Greater political centralization of the Russian state has
been accompanied by decreasing citizen participation in politics (at least until
2012). Another claim in recent literature is that perceptions of the legitimacy
of global norms and rules partly depend on fairness in the distribution of costs
and benefits domestically within states.24 Although this could offer insights
for a broader study of Russian interaction with global norms, norms related
to interventions have not raised such domestic distributive pressures for the
Russian authorities.
There remain contentious debates over how states perceive legitimacy with
respect to the use of force.25 The proposition that serious tension has grown
between legality and legitimacy is particularly controversial. The argument
has been made that the international provisions related to force in the UN
Charter are inadequate to deal with contemporary problems, as revealed by
the furore around the 1999 Kosovo and 2003 Iraq interventions. This has
given rise to the fundamental question of whether the use of force might be
assessed within some alternative, non-legal framework comprising principles
of international legitimacy.26
A further step is expressed in demands that the exercise of power and the
workings of international institutions ‘should be subject to appropriate stand-
ards of democratic legitimacy’, that is standards applied within liberal demo-
cratic states.27 This amounts to a strong challenge to the procedural legitimacy
of established institutions, especially the United Nations. The lines here are
drawn since procedural legitimacy, that is legitimacy founded on generally
accepted principles of ‘right process’, in this case the process by which a deci-
sion to use force is made, conforms naturally with pluralist notions of interna-
tional society.28 Pluralism, in the form expressed by states such as Russia and
China (as described below) has cherished the minimal regulation offered by
the UN, especially the foundational principles of the UN Charter system.
One response to this debate would be to observe that even with some
non-legal framework assessing the use of force, legitimacy would still be
sought through discursive efforts, as analysed in this volume. It would require
the persuasion of others about right and appropriate actions or rules, through
the language of claim and counter-claim which arguably occurs most promi-
nently and authoritatively in the UN Security Council.29 This is a politicized
activity, but is expressed through presenting normative principles. To evaluate
such legitimacy, therefore, it would remain relevant to focus on the identifica-
tion of norms.
More fundamentally, Clark makes a powerful case that legality should not
be set against legitimacy as alternative variables, since there can be no separate
legitimacy scale of values and legality forms no more than one of the elements
of which legitimacy is composed, alongside morality and constitutionality.
Cold War era Soviet attitudes and approaches to the use of force and mili-
tary intervention mattered greatly for the stability of international society and
the bipolar world order. After the collapse of Soviet superpower did Russian
positions on these issues continue to reverberate in the international commu-
nity? During the 1990s Russia suffered a sharp decline in many dimensions of
international influence, However, this study argues that Moscow has retained
significant leverage over the legal and normative regulation of force, not only
within its neighbourhood but in the international system at large. Studies to
date have focused on aspects of Russian involvement in the conflicts of the
1990s in the CIS region. They have neglected the ‘Russia factor’ as an influence
on law and norms around the major Western-led military interventions.
efforts to appropriate UN authorization for the use of force. For many both
in Russia and Western states, the vigour of this campaign restored more than
a trace of the East–West Cold War era polarity. It seemed difficult to envis-
age shared understandings among major powers about norms to justify inter-
vention, drawing on universalist principles or new conceptions of legitimacy
which sidestep traditional legal prohibitions. However, to identify the room
for manoeuvre, scope for agreement, and variation in this apparent norma-
tive rift a deeper analysis of Russian as well as Western discourse and policy
is required.
Russian decision-making
This study often uses the shorthand, ‘the USSR’, ‘Russia’, or ‘Moscow’, for those
representing the official policy of the Soviet and Russian state. However, this
is not an undifferentiated, unitary state. As previously noted, in certain peri-
ods in Moscow legal or normative positions and political responses to inter-
ventions have been influenced by vigorous political debate between domestic
elites and institutional interests. This is the case especially with the build-up
to the Gulf War in 1990, CIS conflicts in the early 1990s, and responses to
NATO’s campaign against Serbia in 1999.32 These debates have broadened
Russia’s ‘interpretative community’ on law and norms.33
In contrast, during the Putin and Medvedev presidencies in the 2000s the
Russian leadership was more determined itself to shape domestic public and
elite attitudes to the use of force abroad. This could be attempted through
increased political centralization and control of the Russian state, as well as
media management. In this period, therefore, it is the perspective and dis-
course at the apex of the decision-making structure, especially that of the
president (and the Foreign Minister as reflecting presidential opinion), about
appropriate or lawful international conduct that has real salience. At the same
time this presidential perspective, and the normative basis it represents, is
unlikely to be stable and consistent over time if it is not rooted domestically in
a wider elite consensus.
Russian leaders rely on expertise in formulating such legal and normative
positions, as well as in developing their broader policy around interventions.34
Relevant departments of the presidential administration (such as the head of
the legal department) and advisers within that top body (such as the longstand-
ing adviser on foreign policy for Putin and Medvedev, Sergei Prikhodko) are
first at hand.35 More detailed and varied expertise is available in the Russian
Foreign Ministry and its various departments.
For example, the justifications and legal claims presented by Russia and
foreign states in the Security Council are likely to be scrutinized in the min-
istry’s International Organizations and Legal departments, as well as the
Secondly, we should note Russia’s preoccupation with its own state struc-
ture. Since the early 1990s Russia has tried to interpret international law and
use its Security Council membership to counteract human-focused normative
universalism where this is seen potentially as challenging its own state and
political order. Since the end of that decade Moscow has wielded the principle
of non-intervention more explicitly as a shield against foreign involvement in
Russian domestic state order. Russia has explicitly rejected American norma-
tive claims about its role as an instrument of democratic change in the inter-
national system.
The Russian focus (shared with China) on the UN Charter framework as
indispensable in rule-making seems starkly at odds with any suggestion that
coalitions of democratic states possess sufficient legitimacy to justify the use
of force in cases where support of the Security Council permanent five is not
forthcoming. Nor does the Russian preoccupation with sovereignty, shared by
many other non-Western states, dovetail with claims that democratic govern-
ance and human rights should be central to a new standard of international
legitimacy. Such claims give rise to the image of an exclusive club of liberal
democratic states, a club denied to Russia.
and for a region, where these exist. There is also the question of how far states
accept that their own regional order can be shaped by global order normative
evolution. They may try to reinterpret how such norms apply to their region or
use other ways to selectively resist such ‘external’ constraints.
This volume analyses interventions in the region of the former Soviet
Union. It is a region defined by varying degrees of Russian preponderance
and normative commonality, though whether those norms have arisen more
consensually or coercively can be debated. It is a fluid regional order, which
Moscow often has referred to as the ‘near abroad’ or (excluding the Baltic
States) the ‘CIS space’. We suggest this order has been structured hierarchi-
cally, but has reflected fluctuating levels of Russian influence since 1991. We
pose the question whether the norms accepted by Russia and other CIS states,
particularly those related to the use of force, have been shaped by this regional
order or have evolved separately within it.
It is reasonable to hypothesize that Russia’s sovereignty-focused plural-
ist stance towards the global system at least partly reflects Russia’s relatively
weak position in the distribution of global power. Could the specific power
hierarchy in the CIS region, which favours Russia, be reflected then in a more
interventionary Russian approach in this regional order, buttressed by
normative and treaty principles mainly defined by Moscow?
Moscow may seek (domestically, among CIS states and wider afield)
approval for or assent to principles to legitimate aspects of its policy towards
CIS states related to the use of force, for example mandates for Russian-style
peacekeeping or the protection of Russian citizens abroad. We may question,
however, whether these actually represent cases of regionally defined norms
seeking wider international recognition.
Could Russian claims around these areas of policy, as we describe in later
chapters, imply instead that Moscow is thinking in terms of a dual norma-
tive order—global and regional? A third order could engage elements of
the global and regional. In practice what these distinctions imply is that
Russia, despite its pluralist rhetoric over global principles of sovereignty and
non-intervention, exercises discretion whether or not to apply these principles
in the CIS regional order. On the other hand, it may appeal to these principles
to prevent perceived Western ‘intervention’ in this regional space (including
the projection of a human rights focused solidarist agenda).
In this context it is interesting to consider whether the notion of a single
international society, varying along a continuum from pluralism to solidar-
ism, can be qualified and differentiated at a regional level.44 Criteria for the
use of force are unlikely to contribute much to the formation of a CIS regional
international society. However, by identifying more abstractly a regional level
of international society, and asking how social structures at that level interact
with each other and the global level, Buzan has reframed the issue of interven-
tion in the form of three questions.
First, how legitimate/legal within the global rules and norms is interven-
tion in any part of the system? This forms the lowest common denominator
of interstate society. Secondly, how legitimate/legal is intervention within the
rules and norms of a given regional interstate society (such as the EU-Europe
or, we may add, the CIS region)? Thirdly, how legitimate/legal is intervention
across the boundary between distinctive interstate societies (here we may sug-
gest from the West into the CIS region)? Buzan concludes that ‘it is absurd
to confine a discussion of the de jure aspects of intervention by imposing an
assumption that interstate society is a single global-scale phenomenon’.45
The notion of separate interstate societies with distinct legal and normative
characteristics resembles that of ‘regional public orders’. The latter has been
developed as a critique, in policy-oriented jurisprudence, of efforts to find
universal norms to address questions of political or normative conflict. Borgen
argues that the world is composed of ‘nested public orders’, various regional
public orders, and at least one global public order (the UN system where the
use of force is constrained by a Security Council-led managerial system).
Accepting the reality of pluralism, this world is defined as multi-normative.46
It is a world significantly influenced by the role of hegemons in different world
regions (with the United States simultaneously acting as a superpower with
global reach). Hegemonic states play a crucial role in defining the ‘rules of the
game’ for state relations within their regional realm, but also seek to cultivate
a belief in their legitimacy, their legitimate domination, through reference to
universal norms and institutions. At the same time, it is argued, each actual
or potential hegemon has a particular conception of norms that it enforces
and tries to socialize others into viewing as legitimate, within its sphere of
influence—a form of normative regionalism.
A further hypothesis we offer is that there exists a decisive relationship
between Russian strategic priorities and normative preferences with respect
to international order (CIS regional and global) and Russian perceptions
of order at the domestic state level. This proposition is considered central
to understanding Moscow’s overall stance on military intervention and
emerging global norms. In brief, the Russian state has long been preoccu-
pied with order and the concentration of power at the domestic level, and
Russia’s conception of international society has strongly reflected the priority
of preserving its own domestic structure of power. As MacFarlane argues,
Russia has insisted on the primacy of order over justice domestically and ‘its
privileging of order over justice at the international level is in many respects
an external projection of this internal preoccupation’.47
This is expressed in Moscow’s pluralist emphasis on state sovereignty as
a principle and its rejection of any claims that external actors have a right to
shape or judge that domestic state order, whether in relation to the conflict in
Chechnya or Russian political structure. Russian leaders are loath to accept
that ‘traditional international law’ (or the ‘law of nations’) is being displaced
by some ‘new international law’ which asserts that the domestic practices of
states must conform with emergent global norms of conduct. The concept of
‘sovereign democracy’, promulgated by Russian officials during Putin’s second
presidential term, expresses a statist rejection of the transference of ‘external’
norms to the Russian domestic order. At the same time it was used by Moscow
to foster a regional public order among CIS states opposing ‘external’ (suppos-
edly Western) agendas to foster ‘coloured revolutions’ in these states.
The Russian domestic order has another influence on the normative context
to military intervention. States quite often seek to legitimize their conduct not
by reference to some international or even regional standard, but in terms of
their own national culture, traditions, and norms. This is true for both Russia
and the United States. The debate on American exceptionalism has thrown up
discourse similar to Russian claims about the policy imperatives of its ‘con-
stitutional rights’, as well as about Russia’s unique history, culture, and tradi-
tions, which form a constituent part of ‘sovereign democracy’.
Justifications referring to national traditions or history can also reflect a
sense of entitlement at the expense of other states. For example, the embedded
experience of the Soviet period in the mindset of post-Soviet Russian leaders
and elites seems to underlie claims for special rights or ‘privileged interests’
in defining appropriate Russian conduct in the CIS regional order. However,
a nationally derived rationale of this kind will not easily translate into wider
international legitimacy for expressed norms. It also poses the risk of clashing
national narratives and claims with other states in situations of conflict.
CHAPTER STRUCTUR E
The following chapters analyse the evolution of norms and customary inter-
national law related to the use of force, as expressed in military interventions,
with a particular focus on Russian discourse and influence. Politics and power
relations between states shape this analysis, so the chapters also explore the
political and security policy context of Russian attitudes to and claims about
these interventions. The chapters reveal an international landscape of con-
tested understandings about rightful conduct, punctuated by interventions of
different kinds over two decades. In this contest Russia appears sometimes but
not always or consistently arrayed against Western powers.
The cases of military intervention we examine are not selected in order
to identify one or more key variables to explain the process of normative
change or resistance to such change. Th is is not possible since the cases
vary in numerous ways, across different criteria. They are chosen instead
to include the major military interventions since the late 1980s which have
been driven by Western powers and/or Russia. The method is probabilistic.