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Just war theory

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Just War Theory is a philosophical theory considering the laws that should govern war. Founded by Aristotle, Cicero and Augustine,[1] it has profoundly influenced Western philosophy and become part of international conventions such as the United Nations Charter or the Hague and Geneva Conventions. It is commonly divided in three parts, usually named in Latin. Jus ad bellum considers the circumstances under which war is justified, jus in bello considers the laws during war itself, and jus post bellum deals with peace treaties and conclusions of war.

As an approach to the ethics of warfare, it can be contrasted with pacifism - the belief war is never justified, whatever the reasons - and at the other extreme is militarism, which sees war as the primary purpose for the state's existence.

Contents

Jus ad bellum

Just War theory contends that a state must fulfill six properties if resorting to war is to be justified:

  1. Just cause. The state must have a legitimate reason for waging war, for example self-defence, defence of others, or "punishment for a grievous wrongdoing which remains uncorrected."[1]
  2. Right intention. The state must fight the war only for the just reason and not just use it as a pretext.
  3. Proper authority and public declaration. War must be properly declared after having been decided on by the lawful authorities.
  4. Last resort. States may only go to war if they have exhausted other means of conflict resolution, such as diplomacy.
  5. Probability of success. If going to war would not change the situation anyway, the bloodshed is meaningless and thus unjustified.
  6. Proportionality. A war is only justified if achieving the just cause is worth the corresponding universal cost, such as casualties and destruction. Here a state may not just consider the cost and benefit to itself, but must also consider the cost to its opponent.

Jus in bello

Jus in bello deals with rules such as prohibited weapons, respecting flags of truce, using correct uniforms and so on. It also covers treatment of prisoners of wars and civilians in war zones.

Jus post bellum

Jus post bellum covers what terms of a peace settlement are justified. It also argues for the prosecution of war criminals from all sides.

References

  1. 1.0 1.1 Orend, Brian, "War", The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.)
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