1. Just War Theory (JWT)
An evolving doctrine

2. Contributors Cicero (106 BC-43 BC) Emerich de Vattel (1714-1767)
St. Augustine of Hippo ( )
St. Thomas Aquinas ( )
Stanislaw of Skarbimierz ( )
Francisco de Vitoria ( )
Francisco Suarez ( )
Hugo Grotius ( )
Baron von Pufendorf ( )
Emerich de Vattel ( )
Immanuel Kant ( )
Paul Tillich ( )
George Barry O'Toole ( )
Reinhold Niebuhr ( )
H. Richard Niebuhr ( ) Paul Ramsey ( )
Michael Walzer (1935-)
Religion, Peace and Conflict

3. Starting points Just War Position
Pacifism
Taking life is never justified so war can never be justified
Just War Position
Taking life is wrong, with rare exceptions, e.g. self-defence
Just war is a kind of national self-defence
There is always a presumption against war
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4. Early formulations St. Augustine (d.430)
Christianity and Roman empire intertwined
Early pacifist position modified
Rome sacked by Visigoths 410
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5. St Thomas Aquinas (d.1274)
‘In order for a war to be just, three things are necessary’
The Summa Theologica Part II, Question 40
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6. 1. Rightful authority
First, the authority of the sovereign by whose command the war is to be waged. For it is not the business of a private individual to declare war, because he can seek for redress of his rights from the tribunal of his superior. Moreover it is not the business of a private individual to summon together the people, which has to be done in wartime. And as the care of the common weal is committed to those who are in authority, it is their business to watch over the common weal of the city, kingdom or province subject to them. And just as it is lawful for them to have recourse to the sword in defending that common weal against internal disturbances, when they punish evil-doers, according to the words of the Apostle (Rm. 13:4): "He beareth not the sword in vain: for he is God's minister, an avenger to execute wrath upon him that doth evil"; so too, it is their business to have recourse to the sword of war in defending the common weal against external enemies. Hence it is said to those who are in authority (Ps. 81:4): "Rescue the poor: and deliver the needy out of the hand of the sinner"; and for this reason Augustine says (Contra Faust. xxii, 75): "The natural order conducive to peace among mortals demands that the power to declare and counsel war should be in the hands of those who hold the supreme authority."
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7. 2. A Just Cause
Secondly, a just cause is required, namely that those who are attacked, should be attacked because they deserve it on account of some fault. Wherefore Augustine says (Questions. in Hept., qu. x, super Jos.): "A just war is wont to be described as one that avenges wrongs, when a nation or state has to be punished, for refusing to make amends for the wrongs inflicted by its subjects, or to restore what it has seized unjustly."
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8. 3. Right Intent
Thirdly, it is necessary that the belligerents should have a rightful intention, so that they intend the advancement of good, or the avoidance of evil. Hence Augustine says "True religion looks upon as peaceful those wars that are waged not for motives of aggrandizement, or cruelty, but with the object of securing peace, of punishing evil-doers, and of uplifting the good." For it may happen that the war is declared by the legitimate authority, and for a just cause, and yet be rendered unlawful through a wicked intention. Hence Augustine says (Contra Faust. xxii, 74): "The passion for inflicting harm, the cruel thirst for vengeance, an unpacific and relentless spirit, the fever of revolt, the lust of power, and such like things, all these are rightly condemned in war."
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9. (justification for war)
Further development
Just War
(justification for war)
Jus ad bellum
(fair combat)
Jus in bello
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10. Jus ad bellum SIX CONDITIONS
A just war can only be waged as a last resort. All non-violent options must be exhausted before the use of force can be justified.
A war is just only if it is waged by a legitimate authority. Even just causes cannot be served by actions taken by individuals or groups who do not constitute an authority sanctioned by whatever the society and outsiders to the society deem legitimate.
A just war can only be fought to redress a wrong suffered. For example, self-defence against an armed attack is always considered to be a just cause (although the justice of the cause is not sufficient in itself).
A just war can only be fought with right intentions: the only permissible objective of a just war is to redress the injury.
A war can only be just if it is fought with a reasonable chance of success. Deaths and injury incurred in a hopeless cause are not morally justifiable.
The ultimate goal of a just war is to re-establish peace. More specifically, the peace established after the war must be preferable to the peace that would have prevailed if the war had not been fought.
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11. Jus ad bellum - Queries Last resort (sanctions? Pre-emptive strikes?)
Legitimate authority (Parliament, UN, IRA, Al Qaeda, Hamas?)
Redress a wrong (how great a wrong?)
Right Intentions (ulterior motives?)
Success (total, partial?)
Peace (seeds of future dissent?)
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12. Jus in bello
Three Principles
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13. Proportionality
The violence used in the war must be proportional to the injury suffered. States are prohibited from using force not necessary to attain the limited objective of addressing the injury suffered.
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14. Discrimination
The weapons used in war must discriminate between combatants and non-combatants.
Civilians are never permissible targets of war, and every effort must be taken to avoid killing civilians.
The deaths of civilians are justified only if they are unavoidable victims of a deliberate attack on a military target
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15. Military Necessity
Just war conduct should be governed by the principle of minimum force.
An attack or action must be intended to help in the military defeat of the enemy, it must be an attack on a 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
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16. Jus in bello - queries
Proportionality: carpet bombing, nuclear weapons?
Discrimination: role of civilians in war; terrorism
Military necessity: damage to infrastructure
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17. Jus post bellum? Peace treaties Reconstruction War crimes tribunals
Reparation
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18. Is JWT anachronistic? Evolved during a time when warfare was different
Lines of battle clear (one king v another)
Pitched battles, over in a day
Rules of engagement derived from codes of chivalry
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19. Religion, Peace and Conflict

20. Features of modern wars
Wars are internal. Over 90% of modern wars have not been conducted between sovereign states and are 'internal‘. Many do not have a clear-cut endpoint, may become endemic and thus a part of 'normal' life - a socio-cultural system in itself, incorporated into the day to day decision making of whole populations.
Civilians are targeted. A key element of modern political violence is the creation of states of terror to penetrate the entire fabric of social relations as a means of control. Little or no distinction is drawn between men with or without weapons, and women, children, the elderly and the sick are not spared. The targeting of ordinary people, politicised or not, is not incidental but central to the modus operandi of what has been termed 'total' war at the grassroots level.
Ways of life are targeted. A core dimension is the crushing of ways of life, the economic, social and cultural institutions and activities which connect a particular people to their history, identity and lived values.
Sexual violation. Rape is an endemic facet of violent conflict. Rape is used as a way of dishonouring a family or racial group and destroying self-esteem. Following the 1994 genocide in Rwanda nearly every female over the age of 12 who survived was raped. During the conflict in the former Yugoslavia, more than 20,000 were estimated to have been sexually assaulted.
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21. Continued …
Child soldiers. An estimated 300,000 child soldiers - boys and girls under the age of 18 - are involved in more than 30 conflicts worldwide.
People in significant roles and jobs targeted. This means those whose work represents collective values and aspirations - community leaders, trade unionists, priests, teachers and health workers - and whose elimination causes demoralisation.
Violations of medical neutrality. Destruction of health facilities, equipment, medicines, and the terrorising of patients and staff - follow predictably from the way modern war is premised and played out.
Religion often becomes involved as a marker of social or ethnic difference without being itself a direct cause of the dispute.
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22. War and armed conflicts
Source: Peace Pledge Union
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23. Terrorism Term first used by French revolutionaries in the 1790s
Adopted by C.19th revolutionary groups practising political assassination (e.g. in 1914)
Widely used today to describe activities such as bombing of public places, car bombs, hostage taking, plane hijacking, suicide bombings, etc.
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24. Definition
‘The calculated use of violence (or threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature: this is done through intimidation, or coercion, or instilling fear’.
Wordnet dictionary, Princeton University
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25. UN General Assembly
‘reiterates that criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, racial, ethnic, religious or other nature that may be used to justify them’
UN Legal Committee, 2001
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26. Terrorism v Just War Terrorism typically infringes:
Jus ad bellum condition of legitimate authority
Jus in bello principle of discrimination
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27. Terrorist/Freedom Fighter/Politician?
Paramilitary groups often have a political wing:
Viet Cong in South Vietnam
IRA in Northern Ireland
ANC (UK and USA governments, )
Hamas in Palestine
Agim Ceku, prime minister of Kosovo
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28. Conclusion
JWT evolves out of Christian teachings as an alternative to absolute pacifism
Always a presumption against war
Governed by two principles: jus ad bellum and jus in bello
Easy to state the principles but can be difficult to apply in practice
Nature of modern warfare and regional disputes complicates its application
JWT rules out terrorism
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