This is Why you can’t just blow stuff up.

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Presentation transcript:

This is Why you can’t just blow stuff up. Just War Theory This is Why you can’t just blow stuff up.

What is a Just War? Just War Theory is the basis on which nations seek to legally and morally justify going to war. The just war theory is a largely Christian philosophy that attempts to reconcile three things: Taking human life is seriously wrong States have a duty to defend their citizens, and defend justice Protecting innocent human life and defending important moral values sometimes requires willingness to use force and violence

Just War Elements Jus ad bellum: the conditions under which the use of military force is justified. Jus in bello: how to conduct a war in an ethical manner Even wars that are considered noble can be considered unjust, because of the way they were fought.

Jus Ad Bellum-Going to War 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. Competent Authority: One must be duly constituted authority that is widely recognized as having the right to wage war. Right Intention: The war must be waged in pursuit of the objective just cause and not for some other ulterior or hidden reason, such as territorial aggrandizement or intimidation Self Defense against aggression, protecting civilians from massacre by their own government, averting imminent aggression A nation cannot wage war, but a state can. 4. You can’t just keep fighting and take down the whole country

Jus ad Bellum 4. Probability of Success: 5. Last Resort: Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success 5. Last Resort: Every non-military alternative or solving the dispute has been tried, within reason. 6. Proportionality of ends: The anticipated benefits of waging a war must be proportionate to its expected evils or harms.  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 Begins 1. Proportionality of means: The means used to wage a war must be proportionate to the ends pursued. This prohibits destruction that goes beyond that which is required to achieve the military goal. 2. Noncombatant Immunity (Discrimination): only combatants and military targets can be attacked 3. Military Necessity:  An attack or action must be intended to help in the defeat of the enemy; it must be an attack on a legitimate 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 No means malum in se- Combatants may not use weapons or other methods of warfare that are considered evil, such as mass rape, forcing enemy combatants to fight against their own side or using weapons whose effects cannot be controlled. Once war has begun, just war theory (Jus in bello) also directs how combatants are to act or should act: 2. The prohibited acts include bombing civilian residential areas that include no legitimate military targets, committing acts of terrorism and reprisal against civilians, and attacking neutral targets (e.g., theJapanese bombing of Pearl Harbor). Moreover, combatants are not permitted to attack enemy combatants who have surrendered or who have been captured or who are injured and not presenting an immediate lethal threat or who are parachuting from disabled aircraft (exceptairborne forces) or who are shipwrecked.

Jus Post Bellum-After Unjust War 1. Rights Vindication: Restoration plus 2. Elimination of unjust gains: If extra stuff is taken we have to give it back. 3. Punishment: for people who create an unjust war 1. The aggressor owes some duty of compensation to the victim. 2. Should be brought to a fair and public trial. 4. Demilitarization and Political Rehabilitation: Be required to demilitarize, to the extent of still being able to control their country

Who decides it is unjust?

Have we ever had a Just War?