War, in all its forms, is tragic. International law was created to establish some basis of rules to abide by—including war—and states have signed on to such a contract. The actions of states in this ever globalizing world are difficult to be controlled. The source of international law operates through the hands of the United Nations. The enforcement of the law occurs through reciprocity, collective action, and a display of international norms (Goldstein, p. 254). War in fact has been given a justification, though it is arguable whether or not the basis of the idea is correct. Wars can be just under certain conditions.
The just war doctrine was written to define a justification for wars. Ultimately, the legality of wars is laid out by the
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A morally just war must be waged for the purpose of responding to aggression, and the initial purpose must be just.
Jus ad bellum refers to the situation in which a war is permissible. The reason for going to war must be just and cannot be simply to take back what once belonged to a state. The damage from threat must be shown, whether this be actions of the aggressors already made, or just by verbal threat. Force may only be used for a truly just purpose. Weapons and arms are only suggested if it will create success for the state at war. (More modernly it seems that war is fought in self-defense, and this seems to be defined now as a just war.) After a war has been inflicted, the concepts to be followed have been defined under jus in bello, or the way war is carried out. Non-combatants may not be harmed in a just war, and hence bombing of innocent civilians is unjust. As previously stated, one way to ensure a winning could include the use of arms; however, it may be in a state’s self interest to keep the use of arms at a minimum in order to minimize destruction. These ideals are all based on norms, and law is usually enforced and created from tradition (Goldstein, 255).
In today’s age, the just war theory may be beneficial for a state to follow these norms. For example, in the current war between the United States and Iraq, our initial intentions were just. Our initial intentions—as told to the American
“For war, as a grave act of killing, needs to be justified.” These words were written by Murray N. Rothbard, dean of the Austrian School and founder of modern libertarianism, who spent much of his academic career trying to determine what, exactly, defined a “just war”. In fact, for as long as humans have been fighting wars, there have been quotations referring to the justification and moralities of wars and how warfare can be considered fair and acceptable to each society’s individual standards. While the time and place of each war differs, the reality of the devastation of battle may be found warranted by those fighting using these just war standards to vindicate their actions.
Just war encourages peace for all people and indicates that even though it isn’t the best solution, it is still required. Everyone has the duty to stop a potentially fatal or unjust attack against someone else, even if it meant using violence against the attacker. Plus, all states have some important rights that must not be violated by either people or states, so when they’re violated or potentially getting violated, that state is entitled to defend itself through whatever means necessary. Also, the state that did the violating lost their privilege to not have their own rights violated through means of violence. Therefore, just war is ethically permissible.
The legitimate defense of a nation and the responsibility of the Security Council to take actions in the course of maintaining peace within its areas of influence. With the establishment of United Nations and the modernization of war and its materials; the theories and doctrines of the past also needed to evolve. The modern Just war theory in composed of two principles: jus ad bellum, the right to conduct war, and jus in bello, the correct conduct within war. Each principle also has its own set of criteria to follow. Jus ad bellum contains six: Just cause, right intention, proper authority and public declaration, last resort, probability of success, and proportionality. (Orend, 2006)
The ultimate goal of a just war is to re-establish peace and safety. The just war can only be waged as a last resort requiring that all reasonable non-violent options must be exhausted before the use of force can be justified. A war can be just when it is fought with a reasonable chance of success. The Just War tradition is a set of mutually agreed rules of combat may be said to commonly evolve between two culturally similar enemies. An array of values are shared between two warring peoples, we often find that they implicitly or explicitly agree upon limits to their warfare.
One of the components of war that make it justful is that the cause of the war must be just. In other words, the attacking country must inflict lasting, grave, and certain damage for it to qualify as just to fight back. Also if basic human rights are being violated by a group of people then it is just for another entity to decide to go to war to free the victims of the inhumane aggressors and their torments upon the innocent human beings.
While some believe that unrestricted warfare is the most efficient and successful way to fight a war, it in fact creates more harm than good. As an example, events that took place during World War II (WWII) may be taken into consideration. WWII was fought with certain restrictions and principles in place. Did this stop all war crimes? No, it did not. However, what it did do was make those few war crimes that were committed, followed up by punishments, which people could eventually learn from. If such a system with rules and punishments were not established, the crime rate would be higher, and there would be no follow-up punishments to teach people that what they did was wrong. From such reasons and many more, it has been made clear that not all actions are permissible and justified during times of war, because there will be countless ‘crimes against humanity’ committed by dishonorable means- and done so without any consequences succeeding.
Overall, I will conclude that the responsibility criterion provides a valuable account of the deep morality of war and develops a persuasive argument for rejecting the moral equality of combatants. II. TRADITIONAL JUST WAR THEORY
Each of these rules must be shown and satisfied. “Failure to fulfill even one renders the resort to force unjust, and thus subject to criticism, resistance, and punishment” (Orend 61). Just war theory is meant to be more demanding than international law. Even though the United Nations Security Council (UNSC) agreed to send troops to Somalia, this approving body does not automatically render the gesture moral. One must apply the principals of just war theory first.
According to traditional just war theory, a just cause must serve peace and not simply protect an unjust status quo. War must be used as a last resort and all pacifistic approaches must be
“War may sometimes be a necessary evil. But no matter how necessary, it is always an evil, never a good. We will not learn how to live together in peace by killing each other’s children. This famous quote is from James Earl “Jimmy” Carter, Jr., who served as the 39th President of the United States. It implies that war can be justified under strict circumstances where it can be necessary, but it is still abhorrent. War is defined as a state of armed conflict between different countries or different groups within a country. Justification refers to the action of showing something to be right or reasonable. War brings many negative and catastrophic impacts not just to the country, but to the people living in the country as well, which this paper
In this essay’s scope, the Syrian war has been analyzed using the just war theory. The just war theory highlights situations where waging a war can be justifiable and also provides guidelines on how a war should be fought. In as much as the theory recognizes the need to protect innocent human life even when it involves the use of force, the theory puts in place several principles that need to be met to qualify a war as being just. As for the Syrian situation, the bone of contention is whether the proposed US military intervention is justifiable or not. Those who are for a US military intervention observe that the enormity of the massacre in Syria justifies an external intervention. They point out that an intervention would protect further loss of innocent human life. Those against such a move point out some guidelines that have not been met to merit such an intervention as a just
This essay intends to define and give an overview of the ‘Principles of War', the philosophers that coined these principles and with examples from the various countries that used and have their own perspectives on the ‘Principles of War'.
The topic of war and peace has become an increasingly important area concerning international relations over the past decade. Wars varying from Russia’s invasion of Georgia, to the United States involvement in Iraq and Afghanistan placed war on top of international politics agenda. These wars, along with all other wars, are started for various reasons, which different international relations theories try to identify. Theories such as realism or institutionalism may have severely different views on identical cases, and while all theories usually have some degree of merit, opposing theories will find discrepancies in the views of one another’s theories. In international relations, it is important to comprehend the complexities of each
While there are no main criteria, there are a few that the Just War Doctrine follows. The criteria for using military force under Just War Doctrine follows three sections with sub-categories following them. Those three categories are jus ad bellum (what justifies going to war), jus in bello (how combatants must act), and jus post bellum (how war must be terminated). Jus ad bellum encompasses just cause, legitimate authority, formal declaration, among other reasons that justify going to war. Jus in bello refers to the treatment of prisoners of war (POWs), proportionality, and no atrocious weapons. Jus post bellum is about public declaration and authority and the ways in which wars should end.
The modern state’s approach to peace is primarily a justification for militarism and warfare. Examples of this include the proliferation of nuclear capabilities, the “war on terror,” and what time, money, and forces are dedicated to military action compared to peacekeeping missions through the U.N.