I wanted to go over some of these principles to see if we can all agree. It would be nice to actually be on the same page when we get the onslaught of conflict-based news. This way, instead of just spouting j00 vs. muslim or dictator vs. oil, we can have some real talking points to go on.
Just War Theory
Just War Theory (or Bellum iustum) is a doctrine of military ethics of Roman philosophical and Catholic origin,[1][2] studied by moral theologians, ethicists and international policy makers, which holds that a conflict can and ought to meet the criteria of philosophical, religious or political justice, provided it follows certain conditions.
More recently, the Catechism of the Catholic Church, in paragraph 2309, lists four strict conditions for "legitimate defense by military force":
Anarcho-capitalist scholar Murray Rothbard stated, "a just war exists when a people tries to ward off the threat of coercive domination by another people, or to overthrow an already-existing domination. A war is unjust, on the other hand, when a people try to impose domination on another people, or try to retain an already existing coercive rule over them."[9]
Dual Process of War
Just War Theory has two sets of criteria. The first establishing jus ad bellum, the right to go to war; the second establishing jus in bello, right conduct within war.
Jus ad bellum
Just cause
The reason for going to war needs to be just and cannot therefore be solely for recapturing things taken or punishing people who have done wrong; innocent life must be in imminent danger and intervention must be to protect life. A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said: "Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations."
Comparative justice
While there may be rights and wrongs on all sides of a conflict, to overcome the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Some theorists such as Brian Orend omit this term, seeing it as fertile ground for exploitation by bellicose regimes.
Competent authority
Only duly constituted public authorities may wage war. "A just war must be initiated by a political authority within a political system that allows distinctions of justice. Dictatorships (i.e. Hitler's Regime) or a deceptive military actions (i.e. the 1968 US bombing of Cambodia) are typically considered as violations of this criterion. The importance of this condition is key. Plainly, we cannot have a genuine process of judging a just war within a system that represses the process of genuine justice. A just war must be initiated by a political authority within a political system that allows distinctions of justice".<[3]>
Right intention
Force may be used only in a truly just cause and solely for that purpose—correcting a suffered wrong is considered a right intention, while material gain or maintaining economies is not.
Probability of success
Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success;
Last resort
Force may be used only after all peaceful and viable alternatives have been seriously tried and exhausted or are clearly not practical. It may be clear that the other side is using negotiations as a delaying tactic and will not make meaningful concessions.
Proportionality
The anticipated benefits of waging a war must be proportionate to its expected evils or harms. This principle is also known as the principle of macro-proportionality, so as to distinguish it from the jus in bello principle of proportionality. In modern terms, just war is waged in terms of self-defense, or in defense of another (with sufficient evidence).
Jus in bello
Once war has begun, just war theory (Jus in bello) also directs how combatants are to act or should act:
Distinction
Just war conduct should be governed by the principle of distinction. The acts of war should be directed towards enemy combatants, and not towards non-combatants caught in circumstances they did not create. The prohibited acts include bombing civilian residential areas that include no military target and committing acts of terrorism or reprisal against civilians.
Proportionality
Just war conduct should be governed by the principle of proportionality. An attack cannot be launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality).
Military necessity
Just war conduct should be governed by the principle of minimum force. An attack or action must be intended to help in the military defeat of the enemy, it must be an attack on a military objective, and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. This principle is meant to limit excessive and unnecessary death and destruction.
Fair treatment of prisoners of War
Enemy soldiers who surrendered or who are captured no longer pose a threat. It is therefore wrong to torture them or otherwise mistreat them.
No means mala in se
Soldiers may not use weapons or other methods of warfare which are considered as evil, such as mass rape, forcing soldiers to fight against their own side or using weapons whose effects cannot be controlled (e.g. nuclear weapons).
Just War - Wikipedia, the free encyclopedia
Just War Theory
Just War Theory (or Bellum iustum) is a doctrine of military ethics of Roman philosophical and Catholic origin,[1][2] studied by moral theologians, ethicists and international policy makers, which holds that a conflict can and ought to meet the criteria of philosophical, religious or political justice, provided it follows certain conditions.
More recently, the Catechism of the Catholic Church, in paragraph 2309, lists four strict conditions for "legitimate defense by military force":
- the damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain;
- all other means of putting an end to it must have been shown to be impractical or ineffective;
- there must be serious prospects of success;
- the use of arms must not produce evils and disorders graver than the evil to be eliminated. The power as well as the precision of modern means of destruction weighs very heavily in evaluating this condition.
Anarcho-capitalist scholar Murray Rothbard stated, "a just war exists when a people tries to ward off the threat of coercive domination by another people, or to overthrow an already-existing domination. A war is unjust, on the other hand, when a people try to impose domination on another people, or try to retain an already existing coercive rule over them."[9]
Dual Process of War
Just War Theory has two sets of criteria. The first establishing jus ad bellum, the right to go to war; the second establishing jus in bello, right conduct within war.
Jus ad bellum
Just cause
The reason for going to war needs to be just and cannot therefore be solely for recapturing things taken or punishing people who have done wrong; innocent life must be in imminent danger and intervention must be to protect life. A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said: "Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations."
Comparative justice
While there may be rights and wrongs on all sides of a conflict, to overcome the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Some theorists such as Brian Orend omit this term, seeing it as fertile ground for exploitation by bellicose regimes.
Competent authority
Only duly constituted public authorities may wage war. "A just war must be initiated by a political authority within a political system that allows distinctions of justice. Dictatorships (i.e. Hitler's Regime) or a deceptive military actions (i.e. the 1968 US bombing of Cambodia) are typically considered as violations of this criterion. The importance of this condition is key. Plainly, we cannot have a genuine process of judging a just war within a system that represses the process of genuine justice. A just war must be initiated by a political authority within a political system that allows distinctions of justice".<[3]>
Right intention
Force may be used only in a truly just cause and solely for that purpose—correcting a suffered wrong is considered a right intention, while material gain or maintaining economies is not.
Probability of success
Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success;
Last resort
Force may be used only after all peaceful and viable alternatives have been seriously tried and exhausted or are clearly not practical. It may be clear that the other side is using negotiations as a delaying tactic and will not make meaningful concessions.
Proportionality
The anticipated benefits of waging a war must be proportionate to its expected evils or harms. This principle is also known as the principle of macro-proportionality, so as to distinguish it from the jus in bello principle of proportionality. In modern terms, just war is waged in terms of self-defense, or in defense of another (with sufficient evidence).
Jus in bello
Once war has begun, just war theory (Jus in bello) also directs how combatants are to act or should act:
Distinction
Just war conduct should be governed by the principle of distinction. The acts of war should be directed towards enemy combatants, and not towards non-combatants caught in circumstances they did not create. The prohibited acts include bombing civilian residential areas that include no military target and committing acts of terrorism or reprisal against civilians.
Proportionality
Just war conduct should be governed by the principle of proportionality. An attack cannot be launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality).
Military necessity
Just war conduct should be governed by the principle of minimum force. An attack or action must be intended to help in the military defeat of the enemy, it must be an attack on a military objective, and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. This principle is meant to limit excessive and unnecessary death and destruction.
Fair treatment of prisoners of War
Enemy soldiers who surrendered or who are captured no longer pose a threat. It is therefore wrong to torture them or otherwise mistreat them.
No means mala in se
Soldiers may not use weapons or other methods of warfare which are considered as evil, such as mass rape, forcing soldiers to fight against their own side or using weapons whose effects cannot be controlled (e.g. nuclear weapons).
Just War - Wikipedia, the free encyclopedia
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