Showing posts sorted by relevance for query War. Sort by date Show all posts
Showing posts sorted by relevance for query War. Sort by date Show all posts

Monday, March 7, 2022

War

War (pronounced wawr)

(1) A conflict carried on by force of arms, as between nations or between parties within a nation; warfare, as by land, sea, or air; in the singular, a specific conflict (eg Second Punic War).

(2) A state or period of armed hostility or active military operations.

(3) A contest carried on by force of arms, as in a series of battles or campaigns.

(4) By extension, a descriptor for various forms of non-armed conflict (war on poverty, trade war, war on drugs, war on cancer, war of words etc).

(5) A type of card game played with a 52 card pack.

(6) A battle (archaic).

(7) To conduct a conflict.

(8) In law, the standard abbreviation for warrant (and in England, the county Warwickshire.

Pre 1150: The noun was from the Middle English werre, from the late Old English were, were & wyrre (large-scale military conflict) (which displaced the native Old English ġewinn), from the Old Northern French were & werre (variant of Old French guerre (difficulty, dispute; hostility; fight, combat, war)), from the Medieval Latin werra, from the Frankish werru (confusion; quarrel), from the Old Norse verriworse and was cognate with the Old High German werra (confusion, strife, quarrel), the German verwirren (to confuse), the Old Saxon werran (to confuse, perplex), the Dutch war (confusion, disarray) and the West Frisian war (defense, self-defense, struggle (also confusion).  Root was the primitive Indo-European wers- (to mix up, confuse, beat, perplex) and the Cognates are thought to suggest the original sense was "to bring into a state of confusion”.  The verb was from the Middle English, from the late Old English verb transitive werrien (to make war upon) and was derivative of the noun.  The alternative English form warre was still in use as late as the seventeenth century.

Developments in other European languages including the Old French guerrer and the Old North French werreier.  The Spanish, Portuguese, and Italian guerra also are from the Germanic; why those speaking Romanic tongues turned to the Germanic for a word meaning "war" word is speculative but it may have been to avoid the Latin bellum (from which is derived bellicose) because its form tended to merge with bello- (beautiful).  Interestingly and belying the reputation later gained, there was no common Germanic word for "war" at the dawn of historical times.  Old English had many poetic words for "war" (wig, guð, heaðo, hild, all common in personal names), but the usual one to translate Latin bellum was gewin (struggle, strife (and related to “win”).

Lindsay Lohan making the pages of Foreign Policy (FP), July 2007.  Despite the title, FP’s content is sometimes discursive and popular culture figures can appear.

Foreign Policy (FP) was in 1970 founded by Harvard’s Professor Samuel Huntington (1927-2008) and was always intended to be a clearing house for lively, punchy articles in the field of international relations yet not constrained by formal, academic traditions, exemplified by a magazine like Foreign Affairs, published by the US think-tank the Council on Foreign Relations.  Professor Huntington is best remembered for his “Clash of Civilizations” (CoC, 1993) theory which, noting one of threads in world history of the last 1300-odd years, argued the defining conflict of the future would between Western civilization and the multi-national Islamic world, the old order of wars between nation-states rendered obsolete by changes in technology and geopolitics.  The unusual period at the end of the Cold War (1946-1991) was a time of TLAs (three-letter acronym), the era remembered also for US political scientist Francis Fukuyama’s coining of the “End of History” (EoH, 1992) the thesis being that with Western liberal democracy prevailing over the Soviet communist model, the end-point of humanity’s search of the ideal political and economic systems had been reached and it was that Western liberal democracy which would be the universal form, history in that sense, thus ended.  Unfortunately, since the EoH was declared, wars, if no longer declared, have continued to be waged.

War-time appeared first in the late fourteenth century; the territorial conflicts against Native Americans added several forms including warpath (1775), war-whoop (1761), war-dance (1757), war-song (1757) & war-paint (1826) the last of which came often to be applied to war-mongering (qv) politicians (as in "putting on their war-paint"), a profession which does seem to attract blood-thirsty non-combatants.  War crimes, although widely discussed for generations, were first discussed in the sense of being a particular set of acts which might give rise to specific offences which could be codified in International Law: A Treatise (1906) by LFL Oppenheim (1858–1919).  The war chest dates from 1901 although even then it’s use was certainly almost always figurative; in the distant past there presumably had in treasuries been chests of treasure to pay for armies.  War games, long an essential part of military planning, came to English from the German Kriegspiel, the Prussians most advanced in such matters because the innovative structure of their general staff system.

In English, war is most productive as a modifier, adjective etc and examples include: Types of war: Cold War, holy war, just war, civil war, war of succession, war of attrition, war on terror etc; Actual wars: World War I, Punic Wars, First Gulf War, Korean War, Hundred Years' War, Thirty Years' War, Six-day War etc; Campaigns against various social problems: War on Poverty, War on Drugs, War on cancer; The culture wars: War on Christmas, war on free speech; In commerce: Price wars, Cola Wars, turf war; In crime: turf war (also used in conventional commerce), gang war, Castellammarese War; In technology: Bus wars, operating system wars, browser wars; Various: pre-war, post-war, inter-war, man-o'-war, war cabinet, warhead, warhorse, warlord, war between the sexes, war bond, war reparations, war room.

Film set for the War Room in Dr Strangelove (1964).

Pre-war and post-war need obviously to be used in context; “pre-war” which in the inter-war years almost always meant pre-1914, came after the end of WWII to mean pre-1939 (even in US historiography).  “Post-war” tracked a similar path and now probably means the years immediately after WWII, the era generally thought to have ended (at the latest) in 1973 when the first oil shock ended the long boom.  Given the propensity over the centuries for wars between (tribes, cities, kings, states etc) to flare up from time to time, there have been many inter-war periods but the adjective inter-war didn’t come into wide use until the 1940s when it was used exclusively to describe the period (1918-1939) between the world wars.  The phrase “world war”, although tied to the big, multi-theatre conflicts of the twentieth century, had been used speculatively as early as 1898, then in the context of the US returning the Philippines (then a colonial possession) to Spain, trigging European war into which she might be drawn.  “Word War” (referring to the 1914-1918 conflict which is regarded as being “world-wide” since 1917 when the US entered as a belligerent) was used almost as soon as the war started but “Great War” continued to be the preferred form until 1939 when used of “world war” spiked; World War II came into use even before Russian, US & Japanese involvement in 1941.  For as long as there have been the war-like there’s presumably been the anti-war faction but the adjectival anti-war (also antiwar) came into general use only in 1812, an invention of American English, in reference to opposition to the War of 1812, the use extending by 1821 to describe a position of political pacifism which opposed all war.  War-monger (and warmonger) seems first to have appeared in Edmund Spenser’s (circa 1552-1599) Faerie Queene (1590) although it’s possible it may have prior currency.  The warhead was from 1989, used by engineers to describe the "explosive part of a torpedo", the use later transferred during the 1940s to missiles.  The warhorse, attested from the 1650s, was a "powerful horse ridden into war", one selected for strength and spirit and the figurative sense of "seasoned veteran" of anything dates from 1837.  The (quasi-offensive though vaguely admiring) reference to women perceived as tough was noted in 1921.

Man-o'-war (also as man-of-war) was an old form meaning "fighting man, soldier" while the meaning "armed ship, vessel equipped for warfare" was from the late fifteenth century and was one of the primary warships of early-modern navies, the sea creature known as the Portuguese man-of-war (1707) so called for its sail-like crest.  The more common form was “man o' war”.  The Cold War may have started as early as 1946 but certainly existed from some time in 1947-1948; it was a form of "non-hostile belligerency” (although the death–toll in proxy-wars fought for decades on its margins was considerable);  it seems first to have appeared in print in October 1945 in a piece by George Orwell (1903—1950).  The companion phrase “hot war” is actually just a synonym for “war” and makes sense only if used in conjunction with “cold war”.  The cold war was memorably defined by Lord Cherwell (Professor Frederick Lindemann, 1886–1957) as “two sides for years counting their missiles”.

On June 6, 2025, Friedrich Merz (b 1955, German chancellor since 2025) visited the White House.  He mentioned the war!  Donald Trump (b 1946; US president 2017-2021 and since 2025) would have been pleased by that because his aides would repeatedly have told him: “Don’t mention the war!

The chancellor’s reference was to “D-Day”, the Allied amphibious invasion of France on 6 June, 1944 and coincidently, the chancellor was born 11 November 1955, 37 years to the day after the signing of the armistice which ended World War I (1914-1918); the eleventh of November is now marked as “Remembrance Day” in the Commonwealth and “Veterans Day” in the US.  The D-Day invasion was the Allies biggest single combined operation of World War II (1939-1945) and remains the largest triphibious invasion in the history of warfare.  The portmanteau adjective triphibious was a blend of tri-(three) + (am)phibious and referred to the combined use of air, naval and ground forces.  The tri- prefix was from the Latin tri- (three) and the Ancient Greek τρι- (tri-) (three) while amphibious was from the Ancient Greek μφίβιος (amphíbios), the construct being μφί (amphí) (in this context “about, concerning”) + βίος (bíos) (life).  Military historians like triphibious but not all etymologists approve.

A civil war (battles among fellow citizens or within a community (as opposed to between tribes, cities, nations etc)) is civil in the sense of "occurring among fellow citizens" and the term dates from the fourteenth century batayle ciuile (civil battle), the exact phrase “civil war” attested from late fifteenth century in the Latin bella civicus.  In Ancient Rome, the rather nasty squabbles between the Optimates and the Senate Elites were known as bellum civile but should in English be understood as “governance war” because what was being described was a factional power-struggle for the control of Rome rather than a “civil war” as it is now understood.  The instances of what would now be called civil war pre-date antiquity but the early references typically were in reference to ancient Rome where the conflicts were, if not more frequent, certainly better documented.  A word for the type of conflict in the Old English was ingewinn and in Ancient Greek it had been polemos epidemios.

The struggle in England between the parliament and Charles I (1600-1649) has always and correctly been known as the English Civil War (1642-1651) whereas there are scholars who insist the US Civil War (1861-1865) should rightly be called the “War of Secession”, the “war between the States" or the “Federal-Confederate War”.  None of the alternatives ever managed great traction and “US Civil War” has long been the accepted form although, when memories were still raw, if there was ever a disagreement, the parties seem inevitability to have settled on “the War”.  The phrases pre-war and post-war are never applied the US Civil War, the equivalents being the Latin forms ante-bellum (literally “before the war”) and post-bellum (literally “after the war”).  The word “civil” of course is used in other ways and there has rarely be much that in another sense is “civil” about civil wars so when fought in what is thought to be in accordance with the “rules of war”, phrases like “chivalrous war” or “clean war” tend to be used although however fought, wars are a ghastly business are there are simply degrees of awfulness.

Colonel Nasser, president of Egypt, Republic Square, Cairo, 22 February 1958.

During the centuries when rules were rare, wars were not but there was little discussion about whether or not a war was happening.  There would be debates about the wisdom of going to war or the strategy adopted but whether or not it was a war was obvious to all.  That changed after the Second World War when the charter of the United Nations was agreed to attempt to ensure force would never again be used as a means of resolving disputes between nations.  That's obviously not been a success but the implications of the charter have certainly affected the language of conflict, much now hanging on whether an event is war or something else which merely looks like war.  An early example of the linguistic lengths to which those waging war (a thing of which they would have boasted) would go, in the post-charter world, to deny they were at war happened after British, French and Israeli forces in 1956 invaded Egypt in response to Colonel Gamal Nasser's (1918–1970; president of Egypt 1954-1970) nationalization of foreign-owned Suez Canal Company.  The invasion was a military success but it soon became apparent that Israel, France and Britain were, by any standards, waging an aggressive war and had conspired, ineptly, to make it appear something else.  The United States threatened sanctions against Britain & France and the invading forces withdrew.  There's always been the suspicion that in the wake of this split in the Western Alliance, the USSR seized the opportunity to intervene in Hungary which was threatening to become a renegade province.

Suez Canal, 1956.

In the House of Commons (Hansard: 1 November 1956 (vol 558 cc1631-7441631)), the prime minister (Anthony Eden, 1897–1977, UK prime-minister 1955-1957) was asked to justify how what appeared to be both an invasion and an act of aggressive war could be in conformity with the Charter of the United Nations.  Just to jog the prime-minister's memory of the charter, the words he delivered at the UN's foundation conference in San Francisco in 1945 were read out: “At intervals in history mankind has sought by the creation of international machinery to solve disputes between nations by agreement and not by force.”  In reply, Mr Eden assured the house there had been "...no declaration of war by us.", a situation he noted prevailed for the whole of the Korean War and while there was in Egypt clearly "...a state of armed conflict...", just as in Korea, "...there was no declaration of war.  It was never admitted that there was a state of war, and Korea was never a war in any technical or legal sense, nor are we at war with Egypt now."

Quite how the comparison with Korea, a police action under the auspices of the UN and authorized by the Security Council (the USSR was boycotting the place at the time) was relevant escaped many of the prime-minister's critics.  The UK had issued an ultimatum to Egypt regarding the canal which contained conditions as to time and other things; the time expired and the conditions were not accepted.  It was then clear in international law that in those circumstances the country which delivers the ultimatum is not entitled to carry on hostilities without a declaration of war so the question was what legal justification was there for an invasion?  The distinction between a “state of war" and a "state of armed conflict", whatever its relevance to certain technical matters, seemed not to matter in the fundamental question of the lawfulness of the invasion under international law.  Mr Eden continued to provide many answers but none to that question.

The aversion to declaring war continues to this day, the United States, hardly militarily inactive during the last eight-odd decades, last declared war in 1942 (against Italy, Hungary, Bulgaria & Romania, the latter three apparently at the insistence of the state department which identified certain legal technicalities).  There seems no an aversion even to the word, the UK not having had a secretary of state (minister) for war since 1964 and the US becoming (nominally) pacifist even earlier, the last secretary of war serving in 1947; the more UN-friendly “defense” the preferred word on both sides of the Atlantic.  In the Kremlin, Mr Putin (b 1952; prime-minister or president of Russia since 1999) seems also have come not to like the word.  While apparently sanguine at organizing “states of armed conflict”, he’s as reluctant as Mr Eden to hear his “special military operations” described as “invasions” or “wars” and in a recent legal flourish, arranged the passage of a law which made “mentioning the war” unlawful.

Not mentioning the war (special military operation): Mr Putin.

The bill which the Duma (lower house of parliament) & Federation Council (upper house) passed, and the president rapidly signed into law, provided for fines or imprisonment for up to fifteen years in the Gulag for intentionally spreading “fake news” or “discrediting the armed forces”, something which includes labelling the “special military operation” in Ukraine as a “war” or “invasion”.  Presumably, given the circumstances, the action could be described as a “state of armed conflict” and even Mr Putin seems to have stopped calling it a “peacekeeping operation”; he may have thought the irony too subtle for the audience.  Those who post or publish anything on the matter will be choosing their words with great care so as not to mention the war.

However, although Mr Putin may not like using the word “war”, there’s much to suggest he’s a devotee of the to the most famous (he coined a few) aphorism of Prussian general & military theorist Carl von Clausewitz (1780–1831): “War is the continuation of policy with other means.  The view has many adherents and while some acknowledge its cynical potency with a weary regret, for others it has been a world view to pursue with relish.  In the prison diary assembled from the huge volume of fragments he had smuggled out of Spandau prison while serving the twenty year sentence he was lucky to receive for war crimes & crimes against humanity (Spandauer Tagebücher (Spandau, the Secret Diaries), pp 451 William Collins Inc, 1976), Albert Speer (1905–1981; Nazi court architect 1934-1942; Nazi minister of armaments and war production 1942-1945) recounted one of Adolf Hitler’s (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) not infrequent monologues and the enthusiastic concurrence by the sycophantic Joachim von Ribbentrop (1893–1946; Nazi foreign minister 1938-1945):

"In the summer of 1939, On the terrace of the Berghof [Hitler’s alpine retreat], Hitler was pacing back and forth with one of his military adjutants. The other guests respectfully withdrew to the glassed-in veranda.  But in the midst of an animated lecture he was giving to the adjutant, Hitler called to us to join him on the terrace. “They should have listened to Moltke and struck at once” he said, resuming the thread of his thought, “as soon as France recovered her strength after the defeat in 1871.  Or else in 1898 and 1899.  America was at war with Spain, the French were fighting the English at Fashoda and were at odds with them over the Sudan, and England was having her problems with the Boers in South Africa, so that she would soon have to send her army in there.  And what a constellation there was in 1905 also, when Russia was beaten by Japan.   The rear in the East no threat, France and England on good terms, it is true, but without Russia no match for the Reich militarily. It’s an old principle: He who seizes the initiative in war has won more than a battle.  And after all, there was a war on!”  Seeing our stunned expressions, Hitler threw in almost irritably:There is always a war on. The Kaiser [Wilhelm II (1859–1941; German Emperor & King of Prussia 1888-1918)] hesitated too long."

Such epigrams usually transported Ribbentrop into a state of high excitement.  At these moments it was easy to see that he alone among us thought he was tracking down, along with Hitler, the innermost secrets of political action.  This time, too, he expressed his agreement with Hitler with that characteristic compound of subservience and the hauteur of an experienced traveller whose knowledge of foreign ways still made an impression on Hitler.  Ribbentrop’s guilt, that is, did not consist in his having made a policy of war on his own. Rather, he was to blame for using his authority as a supposed cosmopolite to corroborate Hider’s provincial ideas. The war itself was first and last Hitler’s idea and work.  “That is exactly what neither the Kaiser nor the Kaiser’s politicians ever really understood,” Ribbentrop was loudly explaining to everyone.  There’s always a war on. The difference is only whether the guns are firing or not.  There’s war in peacetime too. Anyone who has not realized that cannot make foreign policy.

Hider threw his foreign minister a look of something close to gratitude.  “Yes, Ribbentrop,” he said, “yes!"  He was visibly moved by having someone in this group who really understood him. “When the time comes that I am no longer here, people must keep that in mind.  Absolutely.”  And then, as though carried away by his insight into the nature of the historical process, he went on:Whoever succeeds me must be sure to have an opening for a new war.  We never want a static situation where that sort of thing hangs in doubt In future peace treaties we must therefore always leave open a few questions that will provide a pretext.  Think of Rome and Carthage, for instance. A new war was always built right into every peace treaty. That's Rome for you! That's statesmanship.

Pleased with himself, Hitler twisted from side to side, looking challengingly around the attentive, respectful circle.  He was obviously enjoying the vision of himself beside the statesmen of ancient Rome.  When he occasionally compared Ribbentrop with Bismarck—a comparison I myself sometimes heard him make—he was implying that he himself soared high above the level of bourgeois nationalistic policy.  He saw himself in the dimensions of world history. And so did we.  We went to the veranda.  Abruptly, as was his way, he began talking about something altogether banal."

Saturday, February 26, 2022

Aggression

Aggression (pronounced uh-gresh-uhn)

(1) The action of a state in violating by force the rights of another state, particularly its territorial rights; an unprovoked offensive, attack, invasion, or the like.

(2) Any offensive action, attack, or procedure; an inroad or encroachment.

(3) The practice of making assaults or attacks; offensive action in general.

(4) In clinical psychiatry, overt or suppressed hostility, either innate or resulting from continued frustration and directed outward or against oneself.

(5) In the study of animal behavior and zoology, behavior intended to intimidate or injure an animal of the same species or of a competing species but is not predatory.  Aggression may be displayed during mating rituals or to defend territory, as by the erection of fins by fish and feathers by birds.

1605–1615: English borrowed the word directly from the French aggression, derived from the Latin aggressionem (nominative aggressio (a going to, an attack)), a noun of action from past participle stem of aggredi (to approach; attack) a construct of ad (to) + gradi (past participle gressus (to step)) from gradus (a step).  The Classical Latin aggressiōn (stem of aggressiō), was equivalent to aggress(us) + iōn derived from aggrēdi (to attack).  Psychological sense of "hostile or destructive behavior" had its origin in early psychiatry, first noted in English in 1912 in a translation of Freud.  Related forms are antiaggression (adjective), counteraggression and preaggression (nouns); most frequently used derived form is aggressor (noun).

Aggression and International Jurisprudence, Locarno, Kellogg–Briand and the Nuremberg Trial

For centuries, philosophers, moral theologians and other peripheral players had written of the ways and means of outlawing wars of aggression but in the twentieth century, in the aftermath of the carnage of World War I (1914-1918), serious attempts were made to achieve exactly that, the first of which was the Locarno Pact.

Gustav Stresemann, Austen Chamberlain & Aristide Briand, Locarno, 1926.

Although usually referred to as the Locarno Pact, technically the pact consisted of seven treaties, the name derived from the Swiss city of Locarno at which the agreements negotiated between 5-16 October, 1925 although the documents were formally signed in London on 1 December.  Cynically, it can be said the Locarno Pact was a device by the western European powers to ensure they’d not again be the victims of German aggression which, if and when if were to happen, would be directed against those countries on its eastern border.  Of the seven treaties, it was the first which mattered most, a guarantee of the existing frontiers of Belgium, France, and Germany, underwritten by the UK and Italy.  Of the other agreements, two were intended to reassure the recently created Czechoslovakia and the recreated Poland, both of which, presciently as it turned out, felt some threat from Germany.

Whatever the implications, the intent was clear and about as pure as anything in politics can be: an attempt to ensure European states would never again need to resort to war.  Although the structural imbalances appear, in retrospect, obvious, at the time there were expectations of continued peaceful settlements and there arose, for a while, what was called the "spirit of Locarno": Germany was admitted to the League of Nations in September 1926, with a permanent seat on its council and Nobel Peace Prizes were awarded to the lead negotiators of the treaty, Sir Austen Chamberlain (1863-1937; UK foreign secretary 1924-1929), Aristide Briand (1862-1932; French foreign minister 1926-1932) and Gustav Stresemann (1878-1929; German foreign minister 1923-1929).

Members of the Cabinet, Senate, and House are seen gathered in the East Room of the White House, after President Coolidge and Secretary of State Kellogg signed the Kellogg-Briand Pact.

The spirit of Locarno proved infectious and inspired the noble notion it might be possible for men to gather around tables and sign papers which for all time would outlaw war and the Kellogg–Briand Pact (known also as the Pact of Paris and technically the General Treaty for Renunciation of War as an Instrument of National Policy) was a product of this optimism.  Signed in 1928 and named after the two main authors, Briand and Frank Kellogg (1856-1937; US Secretary of State 1925-1929), it was soon ratified by dozens of countries, all the signatory states promising not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them".  It gained Kellogg his Nobel Peace Prize but peace proved elusive and in little more than a decade, the world was at war.  Another point cynics note is that the real consequence of the pact was not the prevention of war but the unfashionability of declaring war; wars continuing with a thin veneer of legal high-gloss.  Anthony Eden (1897-1977; UK prime-minister 1955-1957) during the Suez Crisis (1956), noting no declaration had been made, distinguished between being “at war” and being in “a state of armed conflict” although those on the battlefield doubtless noticed no difference.  Because the pact was concluded outside the League of Nations, it remains afoot and the influence lingers; although hardly militarily inactive since 1945, the last declaration of war by the United States was in 1942.

Defendants at the International Military Tribunal for the Far East (IMTFE), popularly known as the Tokyo War Crimes Tribunal.

Kellogg–Briand thus failed but was a vitally important twentieth century instrument.  It was from Kellogg-Briand the prosecutors at the Nuremberg Trial in 1945-1946 were able to find the concept of a crime against peace as pre-existing law that was of such importance in establishing the legal validity of the incitements, both there and at the subsequent Tokyo Tribunal.  Without that legal framework from the 1920s, the construction of the legal basis for the concept of crimes against peace (the first two of the four articles of indictment at Nuremberg), may not have been possible.

At Nuremburg, the indictments served by the International Military Tribunals were:

(1) Conspiracy to plan the waging of wars of aggression.

(2) Planning, initiating and waging wars of aggression.

(3) War crimes.

(4) Crimes against humanity.

It’s always been the fourth which has attracted most attention because the crimes committed were of such enormity and on such as scale, the word genocide had to be invented.  However, the greater effect on international law was the creation of the notion that those who plan wars of aggression can be punished for that very act, punishments wholly unrelated to the mechanics or consequences of how the wars may be fought.  Form this point can be traced the end of the centuries-old legal doctrine of sovereign immunity for those waging wars of aggression.

So, after Nuremberg, the long tradition of the preemptive and preventative war as an instrument of political policy was no longer the convenient option it had for thousands of years been.  With section 4 of the United Nations (UN) Charter prohibiting all members from exercising "the threat or use of force against the territorial integrity or political independence of any state", there was obvious interest in the charter's phrase phrase of exculpation: "armed attack" which effectively limited the parameters of the circumstances in which the use of military force might be legitimate under international law.  Stretching things as far as even the most accommodating of impartial lawyers were prepared to reach, if no armed attack has been suffered, for an act of preemptive self-defense to be lawful, (1) a threat must be demonstratively real and not merely a perception of the possible and (2), the force applied in self-defense must be proportional to the harm threatened.  All this is why General Colin Powell's (1937–2021; US Secretary of State 2001-2005) statement of justification to the Security Council seeking authority to invade Iraq in 2003 took the tortured form it did.

Mr Putin.

The state of international law is why President Vladimir Putin (b 1952; prime-minister or president of Russia since 1999) has resorted to some unusual terminology and some impressive, if not entirely convincing, intellectual gymnastics in his explanations of geography and history.  While hardly the direct and unambiguous speech used by some of his predecessors in the Kremlin, it's certainly kept the Kremlinologists and their readers interested.  As early as December 2020, Mr Putin was already using the phrase "military-technical measures" should NATO (again) approach Russia's borders and the charm of that presumably was that having no precise meaning, it could at any time mean what Mr Putin wanted it to mean at that moment.  Mr Putin also claimed the government in the Ukraine is committing genocide against ethnic Russians within the territory and, in an echo of similar claims from the troubled 1930s "seemed to believe his own atrocity stories", later doubling-down, calling the Ukranian government a "Nazi regime" and said he was seeking a process of "de-Nazification" (an actual structured and large-scale programme run in post-war Germany by the occupying forces aimed at removing the worst elements of the Third Reich from public life).  

Most interestingly, Mr Putin said Ukraine wasn’t a real country, a significant point if true because it's only foreign countries which can be invaded.  If a government moves troops into parts of their own territory, it's not an invasion; it might be a police action, a counter-insurgency or a military exercise or any number of things but it can't be an invasion.  Technically of course, that applies also to renegade provinces.  It seemed an adventurous argument to run given Ukraine has for decades been a member of the UN and recognized by just about every country (including Russia) as a sovereign state.  To clarify, Mr Putin added the odd nuance, claiming Ukraine was "...not a real country..." and had "...never had its own authentic statehood. "There has never been a sustainable statehood in Ukraine.”  The basis of that was his assertion that Ukraine was created by the Soviet Union's first leader, Vladimir Lenin (1870–1924; Leader of Soviet Russia 1917-1924 & the USSR 1922-1924) as either a sort of administrative zone or just as a mistake depending on interpretation.  Ignoring the wealth of historical material documenting the pre-Soviet history of the Ukraine, Mr Putin insisted it was part of Russia, an "...integral part of our own history, culture, spiritual space.”

Having established his case the Ukraine was no foreign country but just another piece of Russia, Mr Putin turned his thoughts to the nature of the threat the obviously renegade province posed.  Although after the collapse of the USSR, the Ukraine voluntarily (and gratefully) gave up the nuclear weapons in its territory in exchange for a security guarantees issued by the US, UK, and Russia, Mr Putin expressed concern the neo-Nazi regime there had both the knowledge and the desire to obtain nuclear weapons and delivery systems, adding: If Ukraine acquires weapons of mass destruction, the situation in the world and in Europe will drastically change, especially for us, for Russia... we cannot but react to this real danger, all the more so since, let me repeat, Ukraine’s Western patrons may help it acquire these weapons to create yet another threat to our country.”

The internal logic of this was perfect to satisfy international law: (1) The territory which on maps is called Ukraine is not a country and just a part of Russia and (2), the illegal administration running the renegade province of Ukraine is plotting to acquire weapons of mass-destruction.  Under those conditions, military action by Moscow would be valid under international law but just to make sure, Mr Putin recognized Donetsk and Luhansk (two separatist regions in the Donbas), and deployed Russian troops as "peacekeepers".  Around the world, just about everybody except the usual suspects called it an invasion.

Many also discussed the legal position, perhaps not a great consolation to the citizens of Ukraine and the limitations of international law had anyway long been understood by those who were most hopeful of their civilizing power.  In his report to President Truman (1884–1972; US president 1945-1953) at the conclusion of the Nuremberg trial (1945-1946), Justice Robert Jackson (1892–1954; sometime justice of the US Supreme Court, US solicitor general & attorney general and chief US prosecutor at the Nuremberg trials), noted the judgment had "...for the first time made explicit and unambiguous what was theretofore, as the Tribunal has declared, implicit in International Law, namely, that to prepare, incite, or wage a war of aggression, or to conspire with others to do so, is a crime against international society, and that to persecute, oppress, or do violence to individuals or minorities on political, racial, or religious grounds in connection with such a war, or to exterminate, enslave, or deport civilian populations, is an international crime, and that for the commission of such crimes individuals are responsible. This agreement also won the adherence of nineteen additional nations and represents the combined judgments of the overwhelming majority of civilized people. It is a basic charter in the International Law of the future."  However, his idealism tempered by what he knew to be the nature of men, he conceded it would be "... extravagant to claim that agreements or trials of this character can make aggressive war or persecution of minorities impossible." although he did add that there was no doubt "they strengthen the bulwarks of peace and tolerance."  One of the US judges at Nuremburg had, whatever the theoretical legal position, reached an even more gloomy conclusion, Francis Biddle (1886–1968; US solicitor general 1940-1941 & attorney general 1941-1945 and primary US judge at the Nuremberg Trials) writing to the president that the judgements he'd helped deliver couldn't prevent war but might help men to "... learn a little better to detest it."  "Aggressive war was once romantic, now it is criminal."

Biddle was a realist who understood the forces which operated within legal systems and nation states.  Even the long-serving liberal judge William O Douglas (1898–1980; associate justice of the US Supreme Court 1939-1975) couldn’t bring himself to accept that the aggression which led to World War II (1939-1945) in which as many a sixty millions died was not reason enough to overcome his aversion to ex post facto law (the construct being the Latin ex (from) + post (after) + facto, ablative of factum (deed), (that which retrospectively changes the legal consequences of actions from what would have applied prior to the application of the law).  Douglas deplored the way the IMT had not only convicted but imposed capital sentences of those indicted for conduct which has at time been legal under metropolitan and international law:

No matter how many books are written or briefs filed, no matter how finely the lawyers analyzed it, the crime for which the Nazis were tried had never been formalized as a crime with the definiteness required by our legal standards, nor outlawed with a death penalty by the international community. By our standards that crime arose under ex post facto law. Goering et al. deserved severe punishment. But their guilt did not justify us in substituting power for principle.

Developments since in international law have seen progress.  The United Nations Charter, adopted in 1945, prohibits the use of force by one state against another, except in cases of self-defense or when authorized by the UN Security Council for the purpose of maintaining or restoring international peace and security, Article 2(4) of the UN Charter stating “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state."  That works in conjunction with the Nuremberg Principles which declared the planning, preparation, initiation, or execution of a war of aggression is a crime against peace and a violation of international law, a more concrete underpinning of customary international law than the Kellogg-Briand Pact which was in the same vein but always was of limited practical application because there existed no mechanism of enforcement or codification of penalties.  Despite that, the core concept of just what does constitute the crime of “aggressive war” has never been generally agreed and although the UN’s 1974 statement: “Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations.” seems compelling, the debate continues.