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03-31-03, 05:55 AM
Just War Theory
Table of Contents (Clicking on the links below will take you to that part of this article)
Introduction
The Jus Ad Bellem Convention
The Principles Of Jus In Bello
--------------------------------------------------------------------------------
Introduction
Just war theory deals with the justification of how and why wars are fought. The justification can be either theoretical or historical. The theoretical aspect is concerned with ethically justifying war and forms of warfare. The historical aspect, or the "just war tradition" deals with the historical body of rules or agreements applied (or at least existing) in various wars across the ages. For instance international agreements such as the Geneva and Hague conventions are historical rules aimed at limiting certain kinds of warfare. It is the role of ethics to examine these institutional agreements for their philosophical coherence as well as to inquire into whether aspects of the conventions ought to be changed.
Historically, the just war tradition--a set of mutually agreed rules of combat--commonly evolves between two similar enemies. When enemies differ greatly because of different religious beliefs, race, or language, war conventions have rarely been applied. It is only when the enemy is seen to be a people with whom one will do business in the following peace that tacit or explicit rules are formed for how wars should be fought and who they should involve. In part the motivation is seen to be mutually beneficial--it is preferable to remove any underhand tactics or weapons that may provoke an indefinite series of vengeance acts. Nonetheless, it has been the concern of the majority of just war theorists that such asymmetrical morality should be denounced, and that the rules of war should apply to all equally. That is just war theory should be universal.
The just war tradition is as old as warfare itself. Early records of collective fighting indicate that some moral considerations were used by warriors. They may have involved consideration of women and children or the treatment of prisoners. Commonly they invoked considerations of honour: some acts in war have always been deemed dishonourable, whilst others have been deemed honourable. Whilst the specifics of what is honourable differ with time and place, the very fact of one moral virtue has been sufficient to infuse warfare with moral concerns.
The just war theory also has a long history. Whilst parts of the Bible hint at ethical behavior in war and concepts of just cause, the most systematic exposition is given by Saint Thomas Aquinas. In the Summa Theologicae Aquinas presents the general outline of what becomes the just war theory. He discusses not only the justification of war, but also the kinds of activity that are permissible in war. Aquinas's thoughts become the model for later Scholastics and Jurists to expand. The most important of these are: Francisco de Vitoria (1548-1617), Francisco Suarez (1548-1617), Hugo Grotius (1583-1645), Samuel Pufendorf (1632-1704), Christian Wolff (1679-1754), and Emerich de Vattel (1714-1767). In the twentieth century it has undergone a revival mainly in response to the invention of nuclear weaponry and American involvement in the Vietnam war. The most important contemporary texts include Michael Walzer's Just and Unjust Wars (1977), Barrie Paskins and Michael Dockrill The Ethics of War (1979), Richard Norman Ethics, Killing, and War (1995), as well as seminal articles by Thomas Nagel "War and Massacre", Elizabeth Anscombe "War and Murder", and a host of others, commonly found in the journals Ethics or The Journal of Philosophy and Public Affairs.
Against the just war (justum bellum) are those of a skeptical persuasion who do not believe that morality can or should exist in war. There are various positions against the need or the possibility of morality in war. Generally, consequentialists and act utilitarians may claim that if victory is sought then all methods should be employed to ensure it is gained at a minimum of expense and time. Arguments from 'military necessity' are of this type: for example, to defeat Germany in World War II, it was deemed necessary to bomb civilian centers, or in the US Civil War, for General Sherman to burn Atlanta. However, intrinsicists may also decree that no morality can exist in the state of war, for they may claim it can only exist in a peaceful situation in which recourse exists to conflict resolving institutions. Or intrinsicists may claim that possessing a just cause (the argument from righteousness) is a sufficient condition for pursuing whatever means are necessary to gain a victory or to punish an enemy. A different skeptical argument, one advanced by Michael Walzer, is that the invention of nuclear weapons alter war so much that our notions of morality--and hence just war theories--become redundant. However, against Walzer, it can be reasonably argued that although such weapons change the nature of warfare they do not dissolve the need to consider their use within a moral framework.
Whilst sceptical positions may be derived from consequentialist and intrinsicist positions, they need not be. Consequentialists can argue that there are long term benefits to having a war convention. For example, by fighting cleanly, both sides can be sure that the war does not escalate, thus reducing the probability of creating an incessant war of counter-revenges. Intrinsicists can argue that certain spheres of life ought never to be targeted in war: for example, hospitals and densely populated suburbs. The inherent problem with both ethical models is that they become either vague or restrictive when it comes to war. Consequentialism is an open-ended model, highly vulnerable to pressing military needs to adhere to any code of conduct in war: if more will be gained from breaking the rules than will be lost, the consequentialist cannot but demur to military necessity. On the other hand, intrinsicism can be so restrictive that it permits no flexibility in war: whether it entails a Kantian thesis of respecting others or a classical rights position, intrinsicism produces an inflexible model that would restrain warrior's actions to the targeting of permissible targets only. In principle such a prescription is commendable, yet the nature of war is not so clean cut when military targets can be hidden amongst civilian centers.
Against these two ethical positions, just war theory offers a series of principles that aim to retain a plausible moral framework for war. From the just war (justum bellum) tradition, theorists distinguish between the rules that govern the justice of war (jus ad bellum) from those that govern just and fair conduct in war (jus in bello). The two are by no means mutually exclusive, but they offer a set of moral guidelines for waging war that are neither unrestricted nor too restrictive. The problem for ethics involves expounding the guidelines in particular wars or situations.
Back to Table of Contents
The Jus Ad Bellem Convention
The principles of the justice of war are commonly held to be: having just cause, being declared by a proper authority, possessing right intention, having a reasonable chance of success, and the end being proportional to the means used. One can immediately detect that the principles are not wholly intrinsicist nor consequentialist--they invoke the concerns of both models. Whilst this provides just war theory with the advantage of flexibility, the lack of a strict ethical framework means that the principles themselves are open to broad interpretations. Examining each in turn draws attention to the relevant problems.
Possessing just cause is the first and arguably the most important condition of jus ad bellum. Most theorists hold that initiating acts of aggression is unjust and gives a group a just cause to defend itself. But unless 'aggression' is defined, this proscription rather open-ended. For example, just cause resulting from an act of aggression can ostensibly be responses to a physical injury (e.g., a violation of territory), an insult (an aggression against national honor), a trade embargo (an aggression against economic activity), or even to a neighbor’s prosperity (a violation of social justice). The onus is then on the just war theorist to provide a consistent and sound account of what is meant by just cause. Whilst not going into the reasons of why the other explanations do not offer a useful condition of just cause, the consensus is that an initiation of physical force is wrong and may justly be resisted. Self-defense against physical aggression, therefore, is putatively the only sufficient reason for just cause. Nonetheless, the principle of self-defense can be extrapolated to anticipate probable acts of aggression, as well as in assisting others against an oppressive government or from another external threat (interventionism). Therefore, it is commonly held that aggressive war is only permissible if its purpose is to retaliate against a wrong already committed (e.g., to pursue and punish an aggressor), or to pre-empt an anticipated attack.
continued
Table of Contents (Clicking on the links below will take you to that part of this article)
Introduction
The Jus Ad Bellem Convention
The Principles Of Jus In Bello
--------------------------------------------------------------------------------
Introduction
Just war theory deals with the justification of how and why wars are fought. The justification can be either theoretical or historical. The theoretical aspect is concerned with ethically justifying war and forms of warfare. The historical aspect, or the "just war tradition" deals with the historical body of rules or agreements applied (or at least existing) in various wars across the ages. For instance international agreements such as the Geneva and Hague conventions are historical rules aimed at limiting certain kinds of warfare. It is the role of ethics to examine these institutional agreements for their philosophical coherence as well as to inquire into whether aspects of the conventions ought to be changed.
Historically, the just war tradition--a set of mutually agreed rules of combat--commonly evolves between two similar enemies. When enemies differ greatly because of different religious beliefs, race, or language, war conventions have rarely been applied. It is only when the enemy is seen to be a people with whom one will do business in the following peace that tacit or explicit rules are formed for how wars should be fought and who they should involve. In part the motivation is seen to be mutually beneficial--it is preferable to remove any underhand tactics or weapons that may provoke an indefinite series of vengeance acts. Nonetheless, it has been the concern of the majority of just war theorists that such asymmetrical morality should be denounced, and that the rules of war should apply to all equally. That is just war theory should be universal.
The just war tradition is as old as warfare itself. Early records of collective fighting indicate that some moral considerations were used by warriors. They may have involved consideration of women and children or the treatment of prisoners. Commonly they invoked considerations of honour: some acts in war have always been deemed dishonourable, whilst others have been deemed honourable. Whilst the specifics of what is honourable differ with time and place, the very fact of one moral virtue has been sufficient to infuse warfare with moral concerns.
The just war theory also has a long history. Whilst parts of the Bible hint at ethical behavior in war and concepts of just cause, the most systematic exposition is given by Saint Thomas Aquinas. In the Summa Theologicae Aquinas presents the general outline of what becomes the just war theory. He discusses not only the justification of war, but also the kinds of activity that are permissible in war. Aquinas's thoughts become the model for later Scholastics and Jurists to expand. The most important of these are: Francisco de Vitoria (1548-1617), Francisco Suarez (1548-1617), Hugo Grotius (1583-1645), Samuel Pufendorf (1632-1704), Christian Wolff (1679-1754), and Emerich de Vattel (1714-1767). In the twentieth century it has undergone a revival mainly in response to the invention of nuclear weaponry and American involvement in the Vietnam war. The most important contemporary texts include Michael Walzer's Just and Unjust Wars (1977), Barrie Paskins and Michael Dockrill The Ethics of War (1979), Richard Norman Ethics, Killing, and War (1995), as well as seminal articles by Thomas Nagel "War and Massacre", Elizabeth Anscombe "War and Murder", and a host of others, commonly found in the journals Ethics or The Journal of Philosophy and Public Affairs.
Against the just war (justum bellum) are those of a skeptical persuasion who do not believe that morality can or should exist in war. There are various positions against the need or the possibility of morality in war. Generally, consequentialists and act utilitarians may claim that if victory is sought then all methods should be employed to ensure it is gained at a minimum of expense and time. Arguments from 'military necessity' are of this type: for example, to defeat Germany in World War II, it was deemed necessary to bomb civilian centers, or in the US Civil War, for General Sherman to burn Atlanta. However, intrinsicists may also decree that no morality can exist in the state of war, for they may claim it can only exist in a peaceful situation in which recourse exists to conflict resolving institutions. Or intrinsicists may claim that possessing a just cause (the argument from righteousness) is a sufficient condition for pursuing whatever means are necessary to gain a victory or to punish an enemy. A different skeptical argument, one advanced by Michael Walzer, is that the invention of nuclear weapons alter war so much that our notions of morality--and hence just war theories--become redundant. However, against Walzer, it can be reasonably argued that although such weapons change the nature of warfare they do not dissolve the need to consider their use within a moral framework.
Whilst sceptical positions may be derived from consequentialist and intrinsicist positions, they need not be. Consequentialists can argue that there are long term benefits to having a war convention. For example, by fighting cleanly, both sides can be sure that the war does not escalate, thus reducing the probability of creating an incessant war of counter-revenges. Intrinsicists can argue that certain spheres of life ought never to be targeted in war: for example, hospitals and densely populated suburbs. The inherent problem with both ethical models is that they become either vague or restrictive when it comes to war. Consequentialism is an open-ended model, highly vulnerable to pressing military needs to adhere to any code of conduct in war: if more will be gained from breaking the rules than will be lost, the consequentialist cannot but demur to military necessity. On the other hand, intrinsicism can be so restrictive that it permits no flexibility in war: whether it entails a Kantian thesis of respecting others or a classical rights position, intrinsicism produces an inflexible model that would restrain warrior's actions to the targeting of permissible targets only. In principle such a prescription is commendable, yet the nature of war is not so clean cut when military targets can be hidden amongst civilian centers.
Against these two ethical positions, just war theory offers a series of principles that aim to retain a plausible moral framework for war. From the just war (justum bellum) tradition, theorists distinguish between the rules that govern the justice of war (jus ad bellum) from those that govern just and fair conduct in war (jus in bello). The two are by no means mutually exclusive, but they offer a set of moral guidelines for waging war that are neither unrestricted nor too restrictive. The problem for ethics involves expounding the guidelines in particular wars or situations.
Back to Table of Contents
The Jus Ad Bellem Convention
The principles of the justice of war are commonly held to be: having just cause, being declared by a proper authority, possessing right intention, having a reasonable chance of success, and the end being proportional to the means used. One can immediately detect that the principles are not wholly intrinsicist nor consequentialist--they invoke the concerns of both models. Whilst this provides just war theory with the advantage of flexibility, the lack of a strict ethical framework means that the principles themselves are open to broad interpretations. Examining each in turn draws attention to the relevant problems.
Possessing just cause is the first and arguably the most important condition of jus ad bellum. Most theorists hold that initiating acts of aggression is unjust and gives a group a just cause to defend itself. But unless 'aggression' is defined, this proscription rather open-ended. For example, just cause resulting from an act of aggression can ostensibly be responses to a physical injury (e.g., a violation of territory), an insult (an aggression against national honor), a trade embargo (an aggression against economic activity), or even to a neighbor’s prosperity (a violation of social justice). The onus is then on the just war theorist to provide a consistent and sound account of what is meant by just cause. Whilst not going into the reasons of why the other explanations do not offer a useful condition of just cause, the consensus is that an initiation of physical force is wrong and may justly be resisted. Self-defense against physical aggression, therefore, is putatively the only sufficient reason for just cause. Nonetheless, the principle of self-defense can be extrapolated to anticipate probable acts of aggression, as well as in assisting others against an oppressive government or from another external threat (interventionism). Therefore, it is commonly held that aggressive war is only permissible if its purpose is to retaliate against a wrong already committed (e.g., to pursue and punish an aggressor), or to pre-empt an anticipated attack.
continued