Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then (...) applying those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

Pierce challenges the argument that economic sanctions are always morally preferable to the use of military force. He argues that such sanctions inflict suffering and physical harm on noncombatants and that small-scale military operations are sometimes preferable.

The topic of the paper is the justness of the so-called global redistributive wars — wars whose prime purpose would be the correction of global economic and power structures that are said to cause suffering in poor countries. My aim is to comment on Kasper Lippert-Rasmussen’s argument concerning the implications of Thomas Pogge’s theory of global poverty. Pogge has argued that affluent coun-tries uphold global institutional structures that have a significant causal role in leading to the poverty-related deaths of millions (...) of peo-ple who live in poor countries. According to Pogge, rich countries harm the citizens of poor countries. The argument by Lippert-Rasmussen is important, as it suggests that Pogge’s theory of the causes of global poverty, if correct, has a strange implication, namely, the implication that poor countries are or at least could be entitled to a military attack against rich countries. In this paper I will try to show that Lippert-Rasmussen’s argument is not fully compelling, and I will argue that it is not clear whether a global redistributive war would meet the principle of just cause. (The paper is here: http://www.kantiana.ru/upload/iblock/0ff/2014_12_01_raikka.pdf). (shrink)

A short introduction to the main jus ad bellum and jus in bello principles. A short annotated bibliography is included.

This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the (...) specific content of these principles, a third question also is explored: How should they be formulated? Moreover, these questions are addressed in the context of a particular issue: the goals of the non-proliferation and the abolition of weapons of mass destruction. (shrink)

Traditionally, the just war principle of last resort requires that, before resorting to war, every reasonable alternative measure must be attempted. My view is that traditional just war principles should be generalized, so as to be applicable to military actions of all sorts—for example, armed humanitarian interventions and counterinsurgency operations. In this paper, such a generalized just war theory is presupposed. In particular, I shall presuppose a generalized last resort principle that requires that, before using military (...) force, every reasonable alternative measure must be attempted. My thesis is that among these alternative measures is nonviolent action. For concreteness, the new U.S. counterinsurgency field manual is examined. The generalized last resort principle morally obligates a U.S. counterinsurgency operation to use the means of nonviolent action, whenever it is reasonable to do so. Pacifism and just war theory are often portrayed as rivals, but this paper explores one way in which just war theory could benefit from the tradition of nonviolence. (shrink)

This article describes findings from a survey of high school students in New Jersey, Pennsylvania, and Florida, regarding their views of war and wartime policy. The survey is drawn from, and correlated to, elements of the Just War doctrine, a philosophical framework which forms the basis of most international law, treaties, and conventions. The survey results indicate that students tend to adhere to traditional moral norms regarding the conditions for engaging in war, but have considerable divergences from internationally-held (...) class='Hi'>principles regarding how a war is waged. The findings indicate that social studies instructors face impediments in helping students acquire high-level, meaningful conceptions of war as a topic of study. The article describes the necessity of moral and critical inquiry in social studies education and the value of the Just War doctrine as pedagogical tool towards that end. (shrink)

The article’s reasoning is based on the definition of the nature of the war in Ukraine, which, following the Russian aggression on February 24, 2022, escalated into a full-scale conflict: this war has gradually acquired features of the total wars of the 20th century and transformed into a war of attrition, which could last for a considerable period of time. If such a war does not end with the capitulation of one of the parties, the most likely outcome would be (...) a peace agreement involving third parties, which would take the form of a compromise and involve a renunciation by the participating parties of complete victory in the war. Given the just nature of Ukraine's war against Russian aggression, the author raises the question of whether a peace can be considered just without a complete victory over the aggressor and without the full restoration of justice disrupted by the aggression. Drawing on the classical work of M. Walzer, the author concludes that renouncing complete victory and halting hostilities at a point when the conflict can be resolved through political means fully aligns with the concept of a just war as a limited war. To establish the moral principles and possible limits of compromises in wartime, the author turns to A. Margalit’s concept, which, in his view, continues Walzer’s reasoning by outlining the possibility of compromises for the sake of peace. Drawing on contemporary research on political compromises, the author analyzes possible configurations of compromises in wartimes, their differences from political compromises in peacetime, and other potential outcomes of a war of attrition, including scenarios such as the capitulation of one of the parties or a modus vivendi. The article develops on the ideas of M. Walzer and A. Margalit, emphasizing that limiting the war and reaching a compromise for peace make necessary to clarify the requirements of justice. This, in turn, necessitates that the party engaged in a just war be guided by the ethics of responsibility when determining war aims, while also adhering to the fundamental distinction between good and evil in order to avoid "rotten" compromises. (shrink)

Just wars are supposed to be proportional responses to aggression: the costs of war must not greatly exceed the benefits. This proportionality principle raises a corresponding ‘interpretation problem’: what are the costs and benefits of war, how are they to be determined, and a ‘measurement problem’: how are costs and benefits to be balanced? And it raises a problem about scope: how far into the future do the states of affairs to be measured stretch? It is argued here that (...) weapons innovation always introduces costs, and that these costs cannot be determined in advance of going to war. Three examples, the atomic bomb, the AK-47 and the ancient Greek catapult, are given as examples. It is therefore argued that the proportionality principle is inapplicable prospectively. Some replies to the argument are discussed and rejected. Some more general defences of the proportionality principle are considered and also rejected. Finally, the significance of the argument for Just War Theory as a whole is discussed. (shrink)

The author describes how he uses Shakespeare's play about Henry V in his courses on ethics and warfare to illustrate several principles in the just-war tradition.

The Just War principle of jus ad bellum explicitly requires a reasonable prospect of success; the prevailing view about personal self-defence is that it can be justified even if the prospect of success is low. This chapter defends the existence of this distinction and goes on to explore the normative basis of this difference between defensive war and self-defence and its implications. In particular, the chapter highlights the rationale of the ‘success condition’ within Just War thinking and argues (...) that this condition is grounded in assumptions about the nature of political authority and responsibility that do not apply to personal self-defence. This important difference is commonly ignored or side-lined by contemporary theorists who regard the principles of these two types of conflict as very closely aligned and the moral differences between them as matters of degree only. (shrink)

Michael Walzer presents the theory of the just war that he develops in Just and Unjust Wars as a set of principles governing the initiation and conduct of war that are entailed by respect for the moral rights of individuals. I argue in this essay that some of the principles he defends do not and cannot derive from the basic moral rights of individuals and indeed, in some cases, explicitly permit the violation of those rights. I (...) argue, further, that it does not follow, at least in some cases, that the principles are false. Even if some of the principles are not adaptations of a theory of rights to the problems of war, they may still be rational, pragmatic accommodations to epistemic and institutional constraints under which we must now act. Yet I also argue that respect for the rights that Walzer claims that individuals have requires us to try to overcome the epistemic and institutional impediments that restrict us at present. As those impediments are removed, the reasons for acknowledging and following some of the central principles Walzer espouses will diminish and, perhaps, disappear. (shrink)

Recently a number of liberal political theorists, including Rawls and Walzer, have argued for a 'supreme emergency exemption' from the traditional just war principle of discrimination which absolutely prohibits direct attacks against innocent civilians, claiming that a political community threatened with destruction may deliberately target innocents in order to save itself. I argue that this 'supreme emergency exemption' implies that individuals too may kill innocents in supreme emergencies. This is a significant theoretical cost. While it will not constitute a (...) decisive refutation of all arguments for a supreme emergency exemption, my hope is that many will see this cost of endorsing the exemption as unacceptable. (shrink)

In the wake of Operation Desert Storm, the question of 'just war' has become a hotly contested issue, and this classic text on war and the ethics of modern statecraft written at the height of the Vietnam era in 1968 speaks to a new generation of readers. In defending just war against Christian pacifism, Ramsey joins a line of theological reasoning that traces its antecedents to Saint Augustine and Saint Thomas Aquinas. Ramsey argues that decisions regarding war must (...) be governed by 'political prudence.' Whether a particular war should be fought, and at what level of violence, depends, Ramsey writes, on one's count of the moral costs and benefits. Characterized by a sophisticated yet back-to-basics approach, his analysis begins with the assumption that force is a fact in political life which must either be reckoned with or succumbed to. He then grapples with modern challenges to traditional moral principles of 'just conduct' in war, the 'morality of deterrence,' and a 'just war theory of statecraft.'. (shrink)

In this article, I present a two-pronged argument for the immorality of contemporary, asymmetric drone warfare, based on my new interpretations of the just war principles of “proportionality” and “moral equivalence of combatants” (MEC). The justification for these new interpretations is that drone warfare continues to this day, having survived despite arguments against it that are based on traditional interpretations of just war theory (including one from Michael Walzer). On the basis of my argument, I echo Harry (...) Van der Linden’s call for “an international treaty banning all weaponized UAV [uninhabited aerial vehicles].”. (shrink)

Issues of moral well-being among soldiers, such as morale and moral injury, are predominantly approached as individual and psychological concerns. Current interventions tend to emphasize bolstering soldiers’ individual resilience by instilling a sense of justification and purpose. Yet, paradoxically, such an approach can foster behavior in soldiers that later results in deep regrets and a sense of betrayal toward military and political leaders. This article starts from the contention that issues of morale and moral injury should also be addressed at (...) the political decision-making level. It explores the significance of macro-level political-philosophical traditions such as Just War Theory for morale and moral injury at the micro-level, and, consequently, its implications for our understanding of resilience. Just War Theory, understood as a balance between Weber’s ethics of conviction and ethics of responsibility, is shown to hold the potential for informing morally responsible political decision-making and protecting soldiers’ well-being. However, this depends on using Just War criteria as genuine guiding principles, viewing them as interconnected criteria rather than checkboxes, and involving all relevant stakeholders. Also, low morale should not be readily approached in negative terms. Rather, resilience should be recognized as having complex ethical and contextual dimensions. (shrink)

In this article the validity of transferring the Principle of Double Effect from the just war tradition to the domain of business is critically reviewed. If a case can be built for sufficient analogies between war and business, the principle of double effect can legitimately be transferred from war to business. If, on the other hand it can be shown that there are aspects in which business differs substantially from just war, then the transfer to business of a (...) principle developed within the context of war becomes more problematic. After exploring the nature of arguments of analogy and fallacious arguments of weak analogy some important disanalogies between war and business are highlighted. Given these disanalogies it is then contended that the just war background of the Principle of Double Effect had some bearing on both the content and manner of application of the Principle of Double Effect. Finally it is argued that these disanalogies require some revisions to the Principle of Double Effect with regard to both its content and its manner of application before it can be applied meaningfully to foreseeable negative side-effects of business. S. Afr. J. Philos. Vol.22(3) 2003: 236–246. (shrink)

A survey of just war theory literature reveals the existence of quite different lists of principles. This apparent arbitrariness raises a number of questions: What is the relation between ad bellum and in bello principles? Why are there so many of the former and so few of the latter? What order is there among the various principles? To answer these questions, I first draw on some recent work by Jeff McMahan to show that ad bellum and (...) in bello principles are not, as often portrayed, independent—the justice of conduct in war largely presupposes the justice of the recourse to war. Undermining this independence claim is one important step toward revealing the unified logical structure of just war theory. I then argue that we can see the dependence of the jus in bello upon the jus ad bellum , not just in the content of certain principles, but also in the structure of the two sets of principles: I construct a one-to-one mapping between ad bellum and in bello principles. In doing so, I argue also that the shared structure successfully finds place for the questions central to the evaluation of the morality of war: what is a sufficient provocation to use force, what objectives may be sought by force, why or for what ends, who has authority to decide to use force, and when or in what circumstances? Despite variations in expression, the theory allows for a coherent and comprehensive evaluation of morality in warfare. (shrink)

In this chapter, I take up the question of whether one of the central principles of jus ad bellum – just cause – is relevant in a world in which cyberattacks occur. I argue that this principle is just as relevant as ever, though it needs modification in light of recent developments. In particular, I argue, contrary to many traditional just war theorists, that just cause should not be limited to physical attacks. In the process, (...) I offer an improved definition of cyberattack and show how some other principles of jus ad bellum constrain this widened notion of just cause. (shrink)

Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation--a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate (...) actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging "just" war in the service of national interest. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that (...) the crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

-This book offers a renewed defense of traditional just war theory and considers its application to certain highly controversial contemporary cases, particularly in the Middle East. The first part of the book addresses and responds to the central theoretical criticisms levelled at traditional just war theory. It offers a detailed defense of civilian immunity, the moral equality of soldiers and the related dichotomy between jus ad bellum and jus in bello, and argues that these principles taken together (...) amount to a morally coherent ethics of war. In this sense this project is traditional. In another sense, however, it is highly relevant to the modern world. While the first part of the book defends the just war tradition against its revisionist critics, the second part applies it to an array of timely issues: civil war, economic warfare, excessive harm to civilians, pre-emptive military strikes, and state-sponsored assassination, which require applying just war theory in practice. This book sets out to reaffirm the basic tenets of the traditional ethics of war and to lend them further moral support, subsequently applying them to a variety of practical issues. This book will be of great interest to students of just war theory, ethics, security studies, war and conflict studies, and IR in general.---Provided by publisher. (shrink)

The supreme emergency exemption proposed by Michael Walzer has engendered controversy because it permits violations of the jus in bello principle of discrimination when a state is faced with imminent defeat at the hands of a very evil enemy. Traditionalists among just war theorists believe that noncombatants should never be deliberately targeted in war whether or not there is a supreme emergency. Pacifists on the other hand reject war as immoral even in a supreme emergency. Unlike Walzer, neither (...) class='Hi'>just war traditionalists nor pacifists make a special case for supreme emergencies. In this paper, I borrow Walzer’s concept to provide support for a different ethics of war that limits war to supreme emergencies. In non-supreme emergency situations, I agree with pacifists in rejecting war even if just war requirements are satisfied. But in supreme emergencies, I agree with just war traditionalists that war can be legitimately fought provided that moral constraints that protect noncombatants are respected. (shrink)

There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents (...) to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights. (shrink)

Just-war theory has a long and distinguished history that stretches back to the Christian theologians of medieval Europe. Yet principles of just war must develop alongside social norms, standards of military practice and technology, and civilian-military relationships. Since World War II, and especially since American involvement in Vietnam, military ethics has developed into an academic cottage industry. As commonly taught to undergraduates and military practitioners, contemporary just-war theory seeks to ensure the political sovereignty and territorial integrity (...) of nation-states. The theory insists that the only just wars are defensive ones and forbids wars of national aggrandizement. On this view, because of the right to collective self-determination, wars must not seek to remake the world order, as that would undermine state sovereignty.In recent decades, however, cosmopolitan philosophers have challenged various aspects of the traditional edifice in an attempt to use just-war theory to enhance the protection of human rights around the world. Scholars have argued for greater scope for humanitarian intervention to protect individuals against their own government, for principles of justice after war to ensure that all states are legitimate, and most radically, for the responsibility of ordinary combatants to assess for themselves the justice of their military's cause. On this last argument, because combatants whose cause is just have done nothing to lose their immunity from harm, attacking them is unjust, and combatants whose cause is unjust cannot fight with discrimination.This publication surveys these recent developments, and it finds that they provide a radical challenge to both the theory and the practice of contemporary warfare. Of particular importance is its insistence on the need to strengthen international institutions, so as to provide combatants with an impartial perspective on their side's cause, and to strengthen military ethics education; and its suggestion that policies on dishonorable discharge be rethought. However, this monograph also challenges certain aspects of the new approach, suggesting important connections between military ethics and democratic theory and practice. (shrink)

Traditional just war doctrine holds that political leaders are morally responsible for the decision to initiate war, while individual soldiers should be judged solely by their conduct in war. According to this view, soldiers fighting in an unjust war of aggression and soldiers on the opposing side seeking to defend their country are morally equal as long as each obeys the rules of combat. Revisionist scholars, however, maintain that soldiers who fight for an unjust cause bear at least some (...) responsibility for advancing an immoral end, even if they otherwise fight ethically. This article examines the attitudes of the American public regarding the moral equality of combatants. Utilizing an original survey experiment, we find that the public's moral reasoning is generally more consistent with that of the revisionists than with traditional just war theory. Americans in our study judged soldiers who participate in unjust wars as less ethical than soldiers in just wars, even when their battlefield conduct is identical, and a large proportion supported harsh punishments for soldiers simply for participating in unjust wars. We also find, however, that much of the American public is willing to extend the moral license of just cause significantly further than revisionist scholars advocate: half of the Americans in our survey were willing to allow an unambiguous war crime—a massacre of innocent women and children—to go unpunished when the act was committed by soldiers fighting for a just cause. Our findings suggest that incorporation of revisionist principles into the laws of war would reinforce dangerous moral intuitions encouraging the killing of civilians. (shrink)

ABSTRACT The Irish Republican Army (IRA) sometimes claim that their violent actions are sanctioned by traditional just war doctrine. To what extent is this true? To answer this question it is necessary to have a clear grasp of the principles of just war and of the situation in Northern Ireland to which they are to be applied. This is done in the first sections, and it is then argued that just war sanctions some kinds of violence (...) in Northern Ireland but only those of direct self‐defence. Violence outside the borders of Northern Ireland or for the sake of Irish Unity is not justifiable. Consequently the IRA must be viewed, in terms of just war theory at any rate, as in principle illegitimate, even though some of their actions are defensible. Finally it is suggested that non‐violence, after the pattern of Gandhi, while not required by justice might nevertheless be preferable. (shrink)

Discussions of the morality of the Gulf War have tended to embrace the traditional theory of the just war uncritically and to apply its tenets in a mechanical and unimaginative fashion. We believe, by contrast, that careful reflection of the Gulf War reveals that certain principles of the traditional theory are oversimplifications that require considerable refinement. Our aims, therefore, are both practical and theoretical. We hope to contribute to a better understanding of the ethics both of war in (...) general and of the Gulf War in particular. (shrink)

An effort to recover and explicate the idea of just war in Christian terms spans Paul Ramsey's career for almost four decades, from his earliest book to his last. His writings on this subject constitute one of the most important thematic and substantive contributions of his thought. This essay begins with a summary of classical just war tradition and assesses the relation of Ramsey's conception of just war to it. Then it examines that conception in detail, focusing (...) on three topics: the core idea of Christian love as an absolute moral norm expressed in the principle of discrimination, Ramsey's conversionist understanding of history and of politics that undergirds his argument from both discrimination and proportionality in conversation with the secular policy community, and the imbalance between treatment of the "jus in hello and the jus ad helium" in Ramsey's just war thought. Emphasis throughout is given to the influence of the contexts of debate in which Ramsey developed his ideas. (shrink)

The Good Kill examines killing in war in its moral and normative dimension. It argues against the commonplace belief, often tacitly held if not consciously asserted, among academics, the general public, and even military professionals, that killing, including in a justified war, is always morally wrong even when necessary. In light of an increasingly sophisticated understanding of combat trauma, this belief is a crisis. Moral injury, a proposed subset of PTSD, occurs when one does something that goes against deeply held (...) normative convictions. In a military context, the primary predictor of moral injury is having killed in combat. In turn, the primary predictor for suicide among combat veterans is moral injury. In this way, the assertion that killing is wrong but in war it is necessary becomes deadly, rendering the very business of the profession of arms morally injurious. It does not need to be this way. Beginning with the simple observation-recognized by both common sense and law-that killing comes in different kinds, this book equips warfighters-and those charged with their care and formation-with confidence in the rectitude of certain kinds of killing. Engaging with Augustine, Thomas Aquinas, Reinhold Niebuhr, Paul Ramsey, Nigel Biggar, and other leading Christian realists, crucial normative principles within the just war tradition are brought to bear on questions regarding just conduct in war, moral and non-moral evil, and enemy love. The Good Kill helps equip the just warrior to navigate the morally bruising field of battle without becoming irreparably morally injured. (shrink)

As critical incidents and terrorist threats are on the increase, the military/SWAT (Special Weapons and Tactics) aspects of U.S. civilian policing are being expanded. The person called upon as a last resort to kill the criminal agent has a unique position on the SWAT team. The police sniper is asked to kill with premeditation and usually not in a situation of self-defense. Very little appears in the ethics literature analyzing the morality of the sniper role. This paper will tentatively outline (...) a process of analysis that draws upon the framework of principles associated with the just-war tradition. Elements examined are the ends of sniper killing, intention and motives, relevant emotions, and implementation means used. The conclusion is that a plausible case can be made for the moral justification of such killing as long as certain conditions or tests are met. (shrink)

IN THIS ESSAY WE ARGUE FOR A RECONFIGURATION OF JUST WAR THEORY around the principle of just intention. A just intention—based just war theory can overcome problems inherent in two alternative "ideal-typical" accounts of just war theory. The "internationalist" account argues for the promotion of justice, by analogy to its pursuit in domestic politics. The "realist" account, on the other hand, favors the particular manifestations of justice within states. Taken together, these two accounts complement each (...) other and emphasize genuine goods. The possibility of taken them together, however, arises only out of consideration of just war theory as a peacemaking activity, ordered to the end, or intention, of this political act. If just war theory is not so understood, there is no possibility of drawing together these two complementary accounts. (shrink)

Institutionalizing the Just War provides a new approach to theorizing the morality of war and argues that sound moral principles regarding war-making must take into account the fact that the validity of moral principles can depend upon existing institutions and social practices.

The present article discusses a well-known religious philosophical and partially legal doctrine of the “Just war”, developed in the Christian tradition by St. Augustine, St. Tomas Aquinas, Francisco de Vittoria, Francisco Suarez, Hugo Grotius and many other thinkers. The main thesis of the doctrine is that war will be just only if it corresponds to certain criteria, such as autoritas principi (waged by the sovereign), justa causa (on just aim) and with recta intentio (animus) or the aim (...) and will to wage war in order to restore justice and not because of personal hate, revenge, lust for glory, etc. However, the impact of the doctrine was not limited by the Middle Ages and the Christian philosophic discourse. This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace). Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine. (shrink)

In his book, A Theory of Truces, Nir Eisikovits offers a perceptive and timely ethics of truces based on the claim that we need to reject the ‘false dichotomy between the ideas of war and peace’ underpinning much current thought about conflict and conflict resolution. In this article, I concur that truces and ‘truce thinking’ should be a focus of concern for any political theory wishing to address the realities of war. However, Eisikovits’s account, to be convincing, requires engagement with (...) a tradition of thought figuring only marginally in his reflections on truces, that is, just war theory. I argue this for three reasons. Without incorporation of the just war principles that should inform the decisions to enter conflict, to maintain conflict, and to cease conflict, any theory of truces will be, first, normatively inadequate, failing to provide us with requisite direction, and, second, open to the charge of permitting intolerable injustices, a charge Eisikovits wishes to avoid. Third, engagement with just war theory is important for arriving at a nuanced understanding of peacemaking, one which grants truces their place in our deliberations and spurns simplistic ‘war versus peace’ binaries whilst keeping more ambitious ideals of peace firmly in sight. (shrink)

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

Power, peace, and the just war ethic -- The criterion of legitimate authority : describing the political act -- The criterion of just cause : the limits on government's international jurisdiction -- The criterion of just intention : the pursuit of peace and international order -- Justice in bello : applying the principle of discrimination -- The just war ethic and the nature of Christian realism.

Recently, alternatives to both the structure and content of ‘orthodox’ just war theory have been proposed by Jeff McMahan and David Rodin. In this paper, I draw on this debate to show that key ideas in just war theory can be disputed in both of these respects. More broadly, it is unclear how we should assess the debate between differing conceptions of individual principles (such as just cause and proportionality) and the competing wider theories in which (...) they might be situated. I employ the idea of reflective equilibrium, taken from John Rawls, to show how these conflicting viewpoints might be understood and assessed. I argue, then, that contemporary just war theory faces both important questions of substance, and a set of difficult meta-theoretical issues concerning the grounds on which competing just war theories can be assessed. Futhermore, I contend, this should influence the character of – and our expectations for – real-world just war institutions. (shrink)

Given the close relationship between the modern arms industry and the military, engineers and other professionals who work in the arms industry should be held accountable to the principles of just war theory. While they do not deploy weapons on the battlefield and are not in the military chain of command, technical professionals nonetheless have a moral duty to abide by principles of jus ad bellum and jus in bello. They are morally responsible both for choosing the (...) companies that employ them (and to whom these companies sell arms) and a well as what types of arms they develop. (shrink)

This chapter examines how the concept of necessity is used in Just War theory as a principle of last resort—a criterion that must be satisfied before the recourse to force can be justified. It reassesses the doctrine of anticipatory self-defense, and the larger question of the justifiability of preemptive and preventive war, from the Just War perspective. The second and third sections rehearse an important debate between Alberico Gentili and Hugo Grotius. It then looks at “first strikes” and (...) then at “last resorts” to see what, if anything, is to be said for these as markers of aggressive or defensive war. These sections address directly the justifiability of preemptive war with reference to the principle of necessity in jus ad bellum debates in Just War theory. (shrink)

Proportionality has long been considered a pillar of just war theory, requiring that the goods achieved in an action outweigh the collateral harms it causes. In this article, I argue that the in bello principle of proportionality cannot serve its intended function of limiting the destructiveness of actions during war. I illustrate the features of war that make the in bello proportionality constraint not merely impossible to follow, but perhaps even self-defeating. I conclude by suggesting ways in which theorists (...) and policymakers concerned with justice in war might attempt to respond to this dilemma. (shrink)

The usefulness of Just War Theory (JWT) has been called into question in recent years for two key reasons. First, military conflicts today less frequently fit the model traditionally assumed by JWT of interstate wars between regular armies. Second, there is a perception that JWT has lost its critical edge after its categories and principles have been co-opted by bellicose political leaders. This paper critically examines two responses to these concerns which shift the locus of responsibility for wars (...) towards either individual citizens or soldiers. Both attempts to revitalize JWT rely upon idealized conditions which preclude their pragmatic employment. I propose that, in order to arrive at a non-idealized JWT that individuals can apply in a critical fashion, an alternative focus upon a more basic question of political philosophy is required: Under what conditions, if any, are individual soldiers or citizens politically obligated to fight for their state? (shrink)

The main premise of this article is that contemporary just-war theory offers only a weak response to its two main rivals: realism and pacifism. These alternativeperspectives on the ethics of war and peace are dismissed too readily by just-war theory, often for the wrong reasons. In light of this deficiency, this paper seeksto forward the debate in two ways: 1) by reconstructing realism and pacifism in a rigorous and charitable fashion; and 2) by contending that, even in the (...) face of such formidable rivals, just-war theory remains the most plausible and principled account of the deep moral and political problems associated with the momentous issue of armed conflict. (shrink)

The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, (...) and concentrate on ensuring just conduct in armed conflict. Each attempted to distil customary practices, which they saw in some relation to Natural Law, the ultimate source of moral obligation. Customary international law now serves the function of Natural Law in that even if treatises in which it is articulated lapse the customary constraining precepts remain, and are equally obligatory. It is contended that the relationship between just war and just conduct in war during the 20th and 21st centuries has mirrored the three classic positions, and since 9/11, with the advent of new dimensions to warfare in the war against terror, the relationship is in flux. Since 9/11 there has been a growing emphasis on jus ad bellum and a relative silence on the principles of jus in bello. Implicitly, there is an informal acceptance of something like Pufendorf’s position in which outlaw combatants are deemed to place themselves outside of the protection of customary law. (shrink)

In studying the history of the ethics of war, the just war tradition may be interpreted as a historically evolving body of tenets about just war principles. Instead of a single just war theory, there have been many just war theories—for example, those of Augustine, Aquinas, Vitoria, and Grotius—theories that have various commonalities and differences. A comprehensive history of the evolving just war tradition should feature a thorough study of how these just war (...) theories were rethought. For example, in his landmark work Just and Unjust Wars, written during the Cold War, Michael Walzer exclaimed: “Nuclear weapons explode the theory of just war.” 1 In his rethinking of the just war tradition in light of the superpower practice of nuclear deterrence, he contributed his influential conception of supreme emergency exceptions. Now that the Cold War is over, the authors of the articles in this book are primarily concerned with the question of how the just war tradition—which is understood somewhat differently by the different authors—should be rethought today. Echoing Walzer’s exclamation, among the particular post–Cold War questions that can be raised are these: Is just war theory exploded by terrorism? Is it annihilated by genocide? In their various rethinkings of the just war tradition, our authors state their own particular post–Cold War questions, and answer them from their diverse viewpoints... (shrink)

By claiming that “just war is just war,” critics suggest that just war theory both distracts from and sanitizes the horror of modern warfare by dressing it up in the language of moral principles. However, the phrase can also be taken as a reminder of why we need just war theory in the first place. It is precisely because just war is just war, with all that this implies, that we must think so (...) carefully and so judiciously about it. Of course, one could argue that the rump of just war scholarship over the past decade has been characterized by disinterest regarding the material realities of warfare. But is this still the case? This essay examines a series of benchmark books on the ethics of war published over the past year. All three exemplify an effort to grapple with the hard facts of modern violent conflict, and they all skillfully bring diverse traditions of just war thinking into conversation with one another. (shrink)

Just War Theory is becoming increasingly important to nations when they contemplate and participate in war. This book recognizes the timeliness of the topic and so seeks, in concrete historical terms, to deal with the issue of constraining war on the basis of moral principles.