The Concise Oxford Dictionary of Politics (116 page)
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Gulf War (1991)
A major war in the Middle East between Iraq and a range of western and Arab powers led by the United States. On 2 August 1990, Iraq invaded its Arab neighbour Kuwait, following an escalating campaign of allegations and threats from the Iraqi regime of Saddam Hussein directed against the Emir of Kuwait. The invasion met with widespread international condemnation and a deployment of forces to Saudi Arabia by the United States and other western powers (‘Operation Desert Shield’), which culminated in a massive air strikes from 17 January 1991 (‘Operation Desert Storm’) and a final ground attack from 24 February 1991 that culminated in an Iraqi retreat and the liberation of Kuwait city and its surrounds.
The complex roots of the conflict lay in the personality of Iraq's leader, the damage which Iraq had experienced as a result of its lengthy war with Iran (1980–88), and Iraq's perception that Gulf states such as Kuwait were insufficiently grateful to it for what it perceived as its role in opposing Iran. A crisis in Iraq-Kuwait relations flared suddenly in July 1990 when the Iraqi Government accused Kuwait of ‘stealing’ Iraqi oil; the Iraqi invasion followed barely two weeks later. With the US Administration of President George Bush taking a leading role, the United Nations Security Council through Resolution 660 condemned the Iraqi invasion and demanded the immediate and unconditional withdrawal of all Iraqi forces. On 8 August, Iraq announced the ‘comprehensive and eternal merger’ of Kuwait with Iraq. Iraq also responded to proposals for a military response to its invasion by seizing western hostages, who were held from 16 August–6 December 1990. The US responded by building a coalition of Arab and western powers committed to achieving the withdrawal of Iraqi troops from Kuwait, through the application of force if necessary.
On 29 November 1990, as US deployments of military forces in Saudi Arabia under US General H. Norman Schwarzkopf gathered pace, the Security Council adopted Resolution 678, which authorized member states to use ‘all necessary means’ to give effect to UN Security Council resolutions, unless Iraq had fully complied with them on or before 15 January 1991. Iraq's failure to do so triggered US air strikes. These caused extensive damage to Iraqi military assets and infrastructure. Iraq, hoping to catalyze a breakup of the coalition arrayed against it, launched SCUD missile attacks on Israel from 18 January, but under US pressure, Israel did not respond. Iraq also embarked on a campaign of pillage and destruction in Kuwait; more than 500 Kuwaiti oil wells were set ablaze on the night of 21–22 February. Allied ground forces then smashed through Iraqi frontlines, prompting a chaotic Iraqi flight from Kuwait on 27 February 1991, and capitulation in a letter from Iraqi Foreign Minister Tariq Aziz dated 28 February in which he stated that ‘Iraq agrees to comply fully with Security Council resolution 660 (1990) and all the other Security Council resolutions’. This brought the war to an end.
WM
The complex roots of the conflict lay in the personality of Iraq's leader, the damage which Iraq had experienced as a result of its lengthy war with Iran (1980–88), and Iraq's perception that Gulf states such as Kuwait were insufficiently grateful to it for what it perceived as its role in opposing Iran. A crisis in Iraq-Kuwait relations flared suddenly in July 1990 when the Iraqi Government accused Kuwait of ‘stealing’ Iraqi oil; the Iraqi invasion followed barely two weeks later. With the US Administration of President George Bush taking a leading role, the United Nations Security Council through Resolution 660 condemned the Iraqi invasion and demanded the immediate and unconditional withdrawal of all Iraqi forces. On 8 August, Iraq announced the ‘comprehensive and eternal merger’ of Kuwait with Iraq. Iraq also responded to proposals for a military response to its invasion by seizing western hostages, who were held from 16 August–6 December 1990. The US responded by building a coalition of Arab and western powers committed to achieving the withdrawal of Iraqi troops from Kuwait, through the application of force if necessary.
On 29 November 1990, as US deployments of military forces in Saudi Arabia under US General H. Norman Schwarzkopf gathered pace, the Security Council adopted Resolution 678, which authorized member states to use ‘all necessary means’ to give effect to UN Security Council resolutions, unless Iraq had fully complied with them on or before 15 January 1991. Iraq's failure to do so triggered US air strikes. These caused extensive damage to Iraqi military assets and infrastructure. Iraq, hoping to catalyze a breakup of the coalition arrayed against it, launched SCUD missile attacks on Israel from 18 January, but under US pressure, Israel did not respond. Iraq also embarked on a campaign of pillage and destruction in Kuwait; more than 500 Kuwaiti oil wells were set ablaze on the night of 21–22 February. Allied ground forces then smashed through Iraqi frontlines, prompting a chaotic Iraqi flight from Kuwait on 27 February 1991, and capitulation in a letter from Iraqi Foreign Minister Tariq Aziz dated 28 February in which he stated that ‘Iraq agrees to comply fully with Security Council resolution 660 (1990) and all the other Security Council resolutions’. This brought the war to an end.
WM
H
habeas corpus
Literally, ‘that you have the body’. A writ directed to the person who has someone in detention or custody and commands the detained person to be produced before a court. It dates back to Edward I's reign and—surprisingly in view of its modern usage—was not intended to get people out of prison but to ensure that they were in lawful custody in prison. The writ has been subject to a large number of statutory interventions and cases decided by the courts. Its constitutional significance is that it is a remedy available against Crown servants or servants acting in the name of the Crown. It was imported into other states that shared the English legal tradition, notably the United States.
Habeas corpus is used to test the validity of detention by the police, detention in cases of deportation, and in cases where there is an alleged breach of immigration regulations. In determining the outcome of the application, the legality of the detention is usually examined by the judge. The Habeas Corpus Acts 1679 and 1816 strengthened the role of the courts, and allowed the courts to determine for themselves the existence of facts, rather than rely on the assertions made by the executive.
Within the United Kingdom, habeas corpus is restricted to the jurisdiction of the English Courts. In
Re Keenan
[1972] 1 QB 533, it was held that there was no jurisdiction in the English courts to issue habeas corpus to persons detained in Northern Ireland. There is doubt as to the jurisdiction of the English courts to issue habeas corpus to British subjects throughout the world where the country is ‘a colony, or foreign dominion of the Crown’ (Habeas Corpus Act 1862). Habeas corpus has a greater reputation than perhaps the historical evidence may support, for affording the citizen protection against abuse of power by the state.
JM
Habeas corpus is used to test the validity of detention by the police, detention in cases of deportation, and in cases where there is an alleged breach of immigration regulations. In determining the outcome of the application, the legality of the detention is usually examined by the judge. The Habeas Corpus Acts 1679 and 1816 strengthened the role of the courts, and allowed the courts to determine for themselves the existence of facts, rather than rely on the assertions made by the executive.
Within the United Kingdom, habeas corpus is restricted to the jurisdiction of the English Courts. In
Re Keenan
[1972] 1 QB 533, it was held that there was no jurisdiction in the English courts to issue habeas corpus to persons detained in Northern Ireland. There is doubt as to the jurisdiction of the English courts to issue habeas corpus to British subjects throughout the world where the country is ‘a colony, or foreign dominion of the Crown’ (Habeas Corpus Act 1862). Habeas corpus has a greater reputation than perhaps the historical evidence may support, for affording the citizen protection against abuse of power by the state.
JM
Hagenbach-Bischoff , E.
Nineteenth-century Swiss mathematician who proposed the formula, still used in Switzerland, for calculating the quota required to elect one representative under the d'Hondt system of
proportional representation
.
proportional representation
.
Hamilton , Alexander
(1757–1804)
American politician and political theorist. Hamilton was active in the American War of Independence and politics from a precociously young age. In 1787 he, James
Madison
, and John Jay co-operated on writing the
Federalist Papers
. Hamilton was responsible, among others, for the number which recommended the
Electoral College
for the indirect election of the President as a device to prevent the election being directly in the hands of the untrustworthy people, and for the numbers dealing with the Supreme Court, which Hamilton described as the ‘least dangerous’ branch of the government. In the 1790s Hamilton parted company with Madison and
Jefferson
. The latter remained agrarians, suspicious of centralized government and warmer towards democracy (at least among free men) than Hamilton, who favoured strong central government pursuing pro-industrial policies. Hamilton was Secretary to the Treasury under Washington (1789–95) but tried to act rather as prime minister. He was killed in a duel with Aaron Burr, who had been Vice-President under Jefferson since 1800.
Hamilton was the first proponent of what is now called the ‘largest remainder’ system of
proportional representation
; he proposed it as a means to assign a whole number of seats to each state in the apportionment of representatives to states required by the Constitution after each census. He was overruled by a group of Virginians, including Jefferson , who proposed the d'Hondt system, which awarded Virginia more seats than did the largest remainder system.
American politician and political theorist. Hamilton was active in the American War of Independence and politics from a precociously young age. In 1787 he, James
Madison
, and John Jay co-operated on writing the
Federalist Papers
. Hamilton was responsible, among others, for the number which recommended the
Electoral College
for the indirect election of the President as a device to prevent the election being directly in the hands of the untrustworthy people, and for the numbers dealing with the Supreme Court, which Hamilton described as the ‘least dangerous’ branch of the government. In the 1790s Hamilton parted company with Madison and
Jefferson
. The latter remained agrarians, suspicious of centralized government and warmer towards democracy (at least among free men) than Hamilton, who favoured strong central government pursuing pro-industrial policies. Hamilton was Secretary to the Treasury under Washington (1789–95) but tried to act rather as prime minister. He was killed in a duel with Aaron Burr, who had been Vice-President under Jefferson since 1800.
Hamilton was the first proponent of what is now called the ‘largest remainder’ system of
proportional representation
; he proposed it as a means to assign a whole number of seats to each state in the apportionment of representatives to states required by the Constitution after each census. He was overruled by a group of Virginians, including Jefferson , who proposed the d'Hondt system, which awarded Virginia more seats than did the largest remainder system.
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