Presentation on theme: "Just War: Along side Pacifism and Realism, Just War theory represents one of the three main moral responses to the issue of war. Just War theory has developed."— Presentation transcript:
Just War: Along side Pacifism and Realism, Just War theory represents one of the three main moral responses to the issue of war. Just War theory has developed over the centuries with many philosopher contributing elements to it. Our summary is reflection of these various contributions.
Just War: Just War theory applies to three aspects of war: When to start a war, how it should be fought and how it should be ended. Jus ad Bellum This is the Latin phrase which concerns when it is just to start a war. Jus in Bello This is the Latin phrase which concerns how a just war is to be fought Jus post bellum This is the Latin phrase which concerns the most just way of ending a war.
Just War: Jus ad Bellum From the various just war theories it is possible to identify six characteristics of when it is just to start a war.
Just War: Jus ad Bellum 1. Just cause These include: Putting right a wrong Self defence Defending others Stopping violations of human rights Punishing an act of aggression
Just War: Jus ad Bellum 2. Legitimate authority War can only be declared by a legitimate authority. For Augustine this meant the Roman Emperor. For Aquinas it meant a sovereign. For us it will mean an elected government. For the Catholic Bishops in 1983 added ‘competent’ to ‘legitimate’ so as to exclude any incompetent versions of the above from having the moral right to declare war.
Just War: Jus ad Bellum 3. Right Intention The intention as well as the cause must be just. To pillage the enemy is not a good intention nor is revenge. But to fight for peace without hatred for the enemy is (according to Augustine). However, seeking glory in war was often promoted as an intention for going to war. The intention someone has in war is too subjective to fathom so Grotius rejects this principle.
Just War: Jus ad Bellum 4. Strong likelihood of success There must be some chance of success otherwise the war would be a pointless loss of life. But how is success to be judged. The Zulus were slaughtered by the British but success for them partly meant maintaining their warrior pride despite their losses.
Just War: Jus ad Bellum 5. Proportionality The harm which the war causes must be proportionally less than the harm which the war aims to overcome.
Just War: Jus ad Bellum 6. Last Resort A Just War has to be a last resort. Other, non-violent ways of settling the dispute, should have been exhausted before the decision to use violence is made. These could include negotiation, a forum to air grievances or economic and cultural sanctions.
Just War: Jus in Bello From the various just war theories it is possible to identify six characteristics of how a just war should be fought.
Just War: Jus in Bello 1. Proportionality The means used in fighting the war need to be proportional to the nature of the dispute. For example, it would be wrong to use a nuclear weapon in a war over fishing territory.
Just War: Jus in Bello 2. Discriminate appropriate targets For a war to be a Just War there must be a discrimination between combatant and civilians
Just War: Jus in Bello 3. Obey international laws. There have been a number of conventions throughout history on how war should be fought. In 1054 it was decided that Christians should not fight on hol (i) days. In 1139 the use of crossbows labelled unethical (between Christians). In more recent years the use of gas and chemical weapons and the treatment of prisoners of war have come under the control of conventions which combatants should obey.
Just War: Jus in Bello 4. Fair treatment of prisoners The Geneva convention says that surrendering or captured soldiers should not be mistreated. They should be kept in fair isolation away battle areas and exchanged for one’s own POW’s at he war’s end. Today there is a question about whether terrorist deserve such treatment.
Just War: Jus in Bello 5. No practice of evil deeds Soldiers must not use intrinsically evil methods in waging war. No robbery, rape, ethnic cleansing or use of weapons that cannot be controlled. This might include biological weapons which have long term affects on an area or landmines which could kill long after the war is over.
Just War: Jus in Bello 6. No reprisal in kind. If country A commits an atrocity against country B either by accident of design such as bombing a children’s home country B should not retaliate by bombing a children’s home in country A.
Just War: Jus post Bellum From the various just war theories it is possible to identify six characteristics of how a war should be ended justly.
Just War: Jus Post Bellum 1. Proportionality The treatment of defeated states should be reasonable. Giving no cause for calls for revenge by those states in the future. This means that the demand for an unconditional surrender should be ruled out.
Just War: Jus Post Bellum 2. Discriminate appropriate targets In dealing with a defeated nation the victor should make a distinction between enemy leaders, soldiers and civilians. This would rule out economic sanctions on the defeated nation.
Just War: Jus Post Bellum 3. Sort issues that caused the war This will help to ensure that the damaged caused by the war will be out-weighed by the good which the war hoped to achieve.
Just War: Jus Post Bellum 4. Punishment of war criminals War criminals should be prosecuted and victims of the war given justice if there rights were violated.
Just War: Jus Post Bellum 5. Compensation to aid recovery Financial measures may be necessary to assist the recovery of countries which had fought. The Marshal plan at the end of WW2 helped Germany to recover.
Just War: Jus Post Bellum 6. Rehabilitation for the defeated. Time should be devoted to rehabilitating the infrastructure of nations destroyed by the war and helping them to build social structures of government, policing and education.