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Abolishing War - Criminalizing War, Removing War Causes, Removing War as Institution
Johan Galtung with Erika Degortes, Irene Galtung, Malvin Gattinger and Naakow Grant-Hayford
This book, inspired by Tun Mahathir Mohamad – Malaysia’s fourth Prime Minister – and his work on Criminalizing War and Energizing Peace, explores criminalization in Parts I and II, and building peace by removing war causes and removing war as an institution in Parts III and IV.
Dr. Irene Galtung is the author of Part II on jus cogens, Erika Degortes of the history-oriented Summary and Conclusion on abolition in general, and Malvin Gattinger (data) and Naakow Grant-Hayford (text) on the geography of Power Resources in the Octagon World.
Important Note: Unfortunately three pages of part II are missing in the printed edition of this book. We therefore provide the complete version here: Is War a Crime? Yes. Are thereExceptions to the Right to Life? No. Is War Legally Permissible? No. by Dr. Irene Galtung.
Johan Galtung, dr hc mult, professor of peace studies born 1930 in Oslo, founder of Transcend International, has published more than 150 books mostly on peace studies and mediated in more than 150 conflicts, 2014-15 visiting professor at the International Islamic University of Malaysia.
Erika Degortes, born in Sassari (Italy), in 1978, is the director of Transcend Peace University. Graduated in Poltical Philosophy at the University of Cagliari, she is a Peace Researcher and a lecturer and consultant for Institutions and Organizations. Since 2011, she is the co-founder and co-director of the Galtung-Institute for Peace Theory and Peace Practice.
Dr. Irene Galtung is a lawyer, working on the right to food and safe drinking water. She graduated from Cambridge University (BA, Honors). She holds a PhD in Law from the European University Institute (EUI).
Malvin Gattinger, born 1988, graduated in Mathematics and Philosophy from the University of Marburg, Germany, in 2012. He then obtained a Master of Science in Logic at the Institute for Logic, Language and Computation in Amsterdam, Netherlands, where he is currently a PhD candidate
working on epistemic logic and model checking. He is also the webmaster of Transcend International and the Galtung-Institut for Peace Theory and Peace Practice.
Naakow Grant-Hayford, born in 1980, graduated in Political Science from the University of Marburg, Germany in 2008. He is currently enrolled in a Master of Arts for African Studies at the University of Basel, Switzerland. He has been a regional convenor for Africa for Transcend International since 2008. In 2011, he co-founded the Galtung-Institut for Peace Theory and Peace Practice
of which he is the current director.
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ABOLISHING WAR
Criminalizing War, Removing War Causes, Removing War as Institution
Table of Contents
| Preface | 5 |
| Prologue: Abolishing War: An overview of the three approaches | 6 |
| Introduction: A macro-history of war; mini-theory of war and peace | 9 |
| Part I: Criminalizing War | 20 |
| The Western Approach: Where We Are - de lege lata | 20 |
| [1] Jus ad bellum, Jus in bello, Human Rights and their Ambiguities | 21 |
| [2] Law, aggression, and sanctions: problematic | 31 |
| [3] Another look at aggression: inherent in the state system | 37 |
| [4] Another look at sanctions: Nürnberg-Tokyo tribunals level shift | 46 |
| [5] Does criminalization work? The missing criminology | 49 |
| The Western Approach: Where We Might Be - de lege ferenda | 60 |
| [6] From anonymity-collectivity to personalization-individuality | 60 |
| [7] From military to include economic-political-cultural aggression | 63 |
| [8] From war to include guerrilla-terrorism-state terrorism | 65 |
| [9] From acts of commission to include acts of omission | 66 |
| [10] From domestic to include universal jurisdiction | 67 |
| [11] From punishment to 3C: confession-contrition-compensation | 68 |
| [12] Twenty Recommendations: Will more criminalization work? | 69 |
| [13] Chinese, Islamic, and legal approaches compared: Peace empires? | 73 |
| Part II: A Jus cogens Approach | 79 |
| Introduction | 80 |
| The right to life under national constitutions | 84 |
| [1] Sources | 84 |
| [2] Normative meaning | 85 |
| [3] Exceptions | 91 |
| The right to life under international conventions | 94 |
| [1] Sources | 94 |
| [2] Normative meaning | 94 |
| [3] Exceptions | 101 |
| The right to life under customary international law, and jus cogens | 103 |
| [1] Sources | 103 |
| [2] Normative meaning | 106 |
| [3] Exceptions | 109 |
| Conclusion | 114 |
| Part III: Removing War Causes | 115 |
| Introduction | 115 |
| [1] Removing conflicts through solution | 116 |
| [2] Removing traumas through conciliation | 117 |
| [3] Removing structural violence motivating war | 118 |
| [4] Removing cultural violence justifying war | 119 |
| [5] Removing deeper structures: disequilibrium and discordance | 120 |
| [6] Removing deeper cultures: DMA, CGT | 121 |
| [7] The right to peace: Legal vs military vs peace logic | 123 |
| Part IV: Removing War as Institution | 127 |
| Introduction | 127 |
| [1] Removing the state war mandate | 128 |
| [2] Removing the glorification | 131 |
| [3] Removing the army: Countries without armies | 132 |
| [4] Removing the arms: Disarmament | 133 |
| [5] Removing offensive arms: Transarmament | 135 |
| [6] Removing violence: Nonviolence | 136 |
| [7] Removing the hard unitary state: Soft alternatives | 137 |
| [8] Removing war as social evil: Like slavery-colonialism | 138 |
| [9] Removing war threats in the present Octagon world | 149 |
| [10] Building peace: From conflict to cooperation discourses | 155 |
| Epilogue: Abolishing War: All three approaches | 161 |
| Summary and Conclusion: On War, Slavery Abolition, Liberation | 164 |
| [1] What is War? | 164 |
| [2] How does war relate to other social evils? Slavery, a case study | 173 |
| [3] The Abolition of Slavery | 180 |
| [4] What can we learn? A general theory of liberation | 192 |
| Two case studies: Italy and Malaysia | 205 |
| [1] Systems of Alternative Defense for States* | 205 |
| [2] Malaysian Territories: Security and Sovereignty* | 208 |
| Power Resources in the Octagon World | 211 |
| [1] Relations in the Octagon World | 211 |
| [2] Weight and Potential of Territory and Population | 220 |
| | |
| Index | 228 |
| Endnotes | 234 |
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Preface
This study is a research report from the Tun Mahathir Chair for
Global Peace Studies at the International Islamic University Malaysia.
As the first holder of the chair one year from 1 March 2014 I am
honored and challenged to dedicate teaching and research to the lofty
goal of global peace studies; abolition of warfare being a major part.
The research team includes Irene Galtung on mandatory jus co-
gens law of war as crime against the right to life, like torture-genocide
(Part II); Erika Degortes on the history of intellectuals-politicians
fighting institutionalized social evils (Summary and Conclusion);
Naakow Grant-Hayford (text) and Malvin Gattinger (data) on the ge-
ography, geo-politics of Power Resources in the Octagon World; and
participants in the Transcend Peace University course Summer term
2014 "Criminalizing War" on problems of the mainstream criminology
of war (Part I, [5]).
Not being a lawyer I have consulted with specialists in public in-
ternational law, including judges, in Norway, Netherlands and Spain,
for dialogues on these issues. Their experiences, particularly with
concrete cases, and their views, have played a major role; deep grati-
tude to them all. Very useful was also the October 18-19 2014 Hague
Round Table by Canadian Voice of Women for Peace, bringing to-
gether NGOs and legal-academic experts on key institutions like the
International Court of Justice and the International Criminal Court.
A special vote of thanks to Paul Rynning, head of Dialogue
Lawyers in Norway, for his role organizing this international project,
to Mitra Forouhar for providing overviews and major documents.
The responsibility, however, for the analysis, prognoses and rec-
ommendations rests with me alone.
Kuala Lumpur, January 2015
Johan Galtung
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