Dr. Karen Devine:

It is an interesting question. I agree with Mr. Smyth in that it is certainly not in the Hague conventions. Rendition was not a concept that existed in the early 1900s. However, the question must be asked whether rendition is part of the war effort or something that just happens because individuals in a government do not like particular individuals or that they discriminate against or are racist towards particular individuals, and that they are violating their human rights.

Mr. Smyth is right. Rendition violates a number of international laws in terms of the rights of individuals. George Bush was explicit in saying that the use of what effectively amounted to torture until just before organ failure was the basis of the methods they were using in Guantanamo as part of the war on terrorism. If it is argued that those individuals are being renditioned because it is part of the war on terrorism, as such, and part of the illegal war against Iraq, then it could be considered that there is an obligation to ensure that a country is not aiding that particular aspect of the war effort, if it is considered part of the war effort.

It is very rare that war is declared in the modern world. Very few people declare that they are going to war against state X or Y. George Bush's war was a war on terrorism, so it was a war on a concept. It was not a war against specific states, even though he invaded the states of Iraq and Afghanistan.

For me, neutrality is an inter-state type of concept that exists in international law. However, it is also a normative concept and there are moral considerations involved in states that do not want to get involved in war. It is not just about survival. It is primarily about security and survival, which is what Irish neutrality was about during the Second World War, but it has become increasingly informed by a normative dimension because of the development of arms and technology. The military power of certain super states in the international system has meant that it is difficult for ordinary, non-super states to be able to resist some of the war making proclivities of the larger powers in the system. If it is the case that Ireland is considered a neutral state and that there is a normative dimension to that, Ireland would have an obligation to search those planes to make sure that rendition is not happening, if it is considered part of the war effort. We should bear in mind that George Bush declared war in Iraq in March 2003 and declared the war had ended in May 2003, but it continued for at least ten years after that. The official declaration of war is one aspect but what we consider warfare, in terms of the killing of civilians and soldiers, is another.