Just Just WarWar

Questions…Questions…• Under what circumstances would

you be prepared to go to war?• Under what circumstances would

you not be prepared to go to war?• Is the ‘war against terrorism’ truly

a war?• Under what circumstances would

you be justified in killing another person?

Origins of Origins of Just War Just War TheoryTheory

•Aristotle and Cicero said war in self-defence was just.

•Christian development came with Ambrose of Milan and his pupil Augustine of Hippo.

•After Constantine, Eusebius claims that pacifism is only for clergy, monks and nuns. Laity were obliged to defend the country with force.

•Ambrose and Augustine said war could only be waged by legitimate governmental authority.

•Only used to restore peace and used as a last resort.

•There were also limits to the conduct of war – no reprisals and massacres.

• Aquinas believed that war was sinful because it is contrary to peace.

• Developed just war thinking and listed right authority, just cause and just intention as the most important aspects.

• Francisco Suarez (1548-1617) and Francisco de Vitoria (1480-1546) added conditions of proportionality, last resort and reasonable chance of success.

Just WarJust War

Jus ad bellumJus ad bellum Jus in belloJus in bello Jus post bellumJus post bellum

Jus ad Jus ad bellumbellum

Jus ad bellum

Just cause

Legitimate authority

Right intention

Likelihood of success

Proportionality

Last resort

• Augustine – if it avenges wrong or restores unjust actions.

• De Vitoria – correct a violation of its rights.

• Suarez – victim nation has right to punish those responsible for injustice.

• Hugo Grotius and Emerich de Vattel – prevention of injustice

Just causeJust cause

Questions….•Is war justifiable only in response to armed attack–German invasion of Poland 1939

–Iraqi invasion of Kuwait 1990

•Can one launch a pre-emptive strike against anticipated aggression?

•Doesn’t need to be against another country, can be a group of individuals in another state whose fundamental rights are being violated.

•NL states that moral laws are universal therefore is binding on all humanity.

•What about Cambodia and Uganda 1970s; Rwanda 1984; Serbia-Kosovo 1998/9; Sudan-Darfur 2004-now?

•Augustine had in mind the Roman Empire.

•Middle Ages – kings, nobles and cities claimed to have authority to wage war.

•Modern history has seen claims by revolutionary, secessionist and anti-colonial movements.

•After WW2 primary responsibility given to UN

Legitimate Legitimate authorityauthority

• More than a just cause, authorities need an actual motivation that is moral.

• Intention can be cultural – compare vikings with medieval knights!!

• Augustine – intention to achieve peace.

• Grotius believed is was too subjective.

Right intentionRight intention

•Proposed by Grotius.•Deaths and injuries incurred in a hopeless cause are not morally justifiable.

•What is the definition of success?

Likelihood of Likelihood of successsuccess

•A relational principle.•Nothing is proportional by

itself but always in relation to something else.

• Is a war over fishing rights proportionate?

•Can the costs and benefits of war be predicted in advance?

ProportionalityProportionality

• Cicero using Roman law said there should be a gap between demands and the actual start of hostilities.

• Grotius – proposed peace conferences, arbitration and other methods (drawing lots, individual combat).

• Is an unjust peace better than the horrors of war?

Last resortLast resort

•Can be seen as a sign of weakness – before WW2, appeasement allowed Hitler to strengthen armies.

•Economic sanctions could be used. Don’t always work (Saddam Hussein).

•Might have an adverse effect on civilian population.