1. Just War Theory (JWT)
An evolving doctrine

2. Lecture outline History of JWT The principles of JWT Jus ad bellum
Jus in Bello
Jus post bellum
Is JWT anachronistic?
Features of modern wars
Terrorism
Conclusion
Religion, Peace and Conflict

3. 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

4. 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
Religion, Peace and Conflict

5. Early formulations St. Augustine (d.430)
The just war is a cruel necessity.
Religion, Peace and Conflict

6. St Thomas Aquinas (d.1274)
‘In order for a war to be just, three things are necessary’
The Summa Theologica Part II, Question 40
Religion, Peace and Conflict

7. 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.
Augustine: "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."
Religion, Peace and Conflict

8. 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.
Augustine: "A just war is wont to be described as one that avenges wrongs, when a nation or state has to be punished."
Religion, Peace and Conflict

9. 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.
Augustine: "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: "The passion for inflicting harm, the cruel thirst for vengeance, …, the lust of power, and such like things, all these are rightly condemned in war."
Religion, Peace and Conflict

10. (justification for war)
Further development
Just War
Jus ad bellum
(justification for war)
Jus in bello
(fair combat)
Religion, Peace and Conflict

11. 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.
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
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.
Religion, Peace and Conflict

12. Jus ad bellum - Queries Last resort (sanctions? Pre-emptive strikes?)
Legitimate authority (Parliament, UN, Hamas?)
Redress a wrong (how great a wrong?)
Right Intentions (ulterior motives?)
Religion, Peace and Conflict

13. Jus in bello
Three Principles
Religion, Peace and Conflict

14. 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.
Religion, Peace and Conflict

15. Discrimination
The weapons used in war must discriminate between combatants and non-combatants.
Civilians are never permissible targets of war.
The deaths of civilians are justified only if they are unavoidable victims of a deliberate attack on a military target
Religion, Peace and Conflict

16. 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.
This principle is meant to limit unnecessary death and destruction
Religion, Peace and Conflict

17. Jus in bello - queries
Proportionality: carpet bombing, nuclear weapons?
Discrimination: role of civilians in war
Military necessity: damage to infrastructure
Religion, Peace and Conflict

18. Jus post bellum? Peace treaties Reconstruction War crimes tribunals
Reparation
Religion, Peace and Conflict

19. 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
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‘.
Civilians are targeted. Little or no distinction is drawn between men with or without weapons, and women, children, the elderly and the sick are not spared.
Legitimate authority is highly diversified as a result of the growing complexity of modern government.
Religion, Peace and Conflict

21. 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.
Religion, Peace and Conflict

22. 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
Religion, Peace and Conflict

23. 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
Religion, Peace and Conflict

24. Terrorism v Just War Terrorism typically infringes:
Jus ad bellum condition of legitimate authority
Jus in bello principle of discrimination
Religion, Peace and Conflict

25. 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
Religion, Peace and Conflict

26. 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
Religion, Peace and Conflict