Just War

Just War

1. An armed confrontation between the forces of two or more states

   • In modern terms, a just war is one sanctioned by the UN, and in self-defence
   • Is it just to invade another country to stop a ruthless dictator?
   • Does religion lead to war?
   • How can war bring out both the best and the worst of human nature?
   • Can we use an ethical system to approach war?
     • Pacifism
     • Just war
     • Realism

2. Origins of Just War theory

   • Aristotle and Cicero - self-defence is just
     • Emperor Constantine effectively asked Augustine to find a way to justify war
       • The Roman empire was built on warfare, but Chritians were pacifists
       • In the Bible, God involves his people in wars and commands them
         • He also limits what his people do in war
       • Thomas Aquinas expanded the theory and made it more well-known
         • Francisco Suarez and Francisco de Viteria added the final clauses

3. Clauses of the theory

   • JUS AD BELLUM (just reasons for going to war)
     • ONE - Just cause
       • Self defence, righting wrongs, defending rights
         • Unclear if a pre-emptive strike is allowed
           • John Stuart Mill: 'no one can be set free by external force'
     • TWO - Legitimate authority
       • eg UN security council
         • Does this mean a rebellion against a dictator is not justified?
     • THREE - Right Intention
       • Moral motivation
         • In history it was seen as moral to fight to steal land or seek glory
           • Augustine said we must seek God's intentions
     • FOUR - Reasonable chance of success
       • A hopeless cause is not worth suffering
     • FIVE - Proportionality
       • Injustice leading to war must be equal to the damage caused
     • SIX - Last resort
       • Al other methods must have failed
         • Could have harmful side-effects - eg allowed the Nazis to gain too much power
   • JUS IN BELLO (Just actions during war)
     • In Greek warfare, there were laws about POWs, and a campaigning season
       • ONE - Proportionality
         • Weighing evil against ends - eg Dresden raids
           • Hard to calculate
       • TWO - Discrimination
         • Do not hurt non-combatants
           • Collateral damage
             • Catholic Church: Innocent lives may not be taken directly
               • Can be hard to tell in guerilla warfare
                 • What about those who aid the war effort without fighting?
       • THREE - International Conventions
         • Historically, fighting was banned on certain days
         • Now, chemical weapons are banned
         • Nuclear weapons are a source of debate
       • FOUR - Prisoners Of War
         • Must not be mistreated - what about terrorists? Can torture be used for vital information?
       • FIVE - No means mala in se
         • 'Evil in themselves' eg genocide, chemical weapons
       • SIX - No reprisals
         • Do not break the Just War clauses just because the enemy did.
   • JUST POST BELLUM (Just actions after war)
     • ONE - Proportionality
       • Do not humiliate the defeated - no unconditional surrenders
     • TWO - Discrimination
       • Protect civilians - no economic sanctions
     • THREE - Rights vindication
       • Secure rights to life and liberty, especially if that was what triggered war
     • FOUR - Punishment
       • War criminals must answer to international courts
     • FIVE - Compensation
       • Help the defeated get back on their feet after the war's destruction
     • SIX - Rehabilitation
       • Reform any oppressive regimes

4. For and against Just War

   • For
     • Combines centuries of philosophy
     • Flexible; grows and develops
     • Accepts self-defence and intervention
     • Universal
     • Limits destruction
   • Against
     • Can morality ever permit violence?
     • Too simplistic and ambiguous
     • Weapons of Mass Destruction need more attention and maybe a completely different approach
     • Terrorists do not keep to these rules

5. Realism

   • Appreciates the horrors of war, but argue it has its benefits eg for the economy
     • It is non-moral; rules that would apply to individuals do not apply to individuals do not apply to warring nations
       • Nations must protect their own interests - there's no moral authority binding them all
         • It is practical to obey morals because barbarism alienates allies
           • Citizens should be protected
             • When it comes down to it, Realists believe all is fair in war. Do not apply ethics to it
   • Christian realism
     • Made by Reinhold Niebuhr
       • Ethical ideals cannot be achieved because there's sin in everyone
         • We all have self-interest and desire to control. War is the result of sin but can prevent greater evil
           • Niebuhr developed this theory from his dislllusionment from WWI
             • Individuals may rise above self-interests but states never will

6. Pacifism

   • Rejection of all war; conflict should be resolved by negotiation eg by the UN
     • Even in self-defence, using force is wrong, and killing is rejected
       • Absolute pacifism
         • Fighting and killing is never right - could be for religious or moral reason
           • No complicated criteria, promotes life, but you cannot defend an innocent person
         • Religious pacifism
           • Matthew 5:9 'Blessed are the peacemakers.'
             • Love your enemies
               • Some early Christiians refused to fight for the Roman army
                 • Some groups such as Amish and Quakers are still pacifists
                   • Quakers believe violence only leads to more violence; one must actively try to stop anything that would lead to violence
                     • They are not against self-defence, and may contribute to a war effort (eg as medics) but would never fight
                       • Non-violent protest eg King, Gandhi, Walesa
                         • Cath Thomas Merton: Win minds, don't destroy bodies
         • Contingent Pacifism
           • Opposed to war because nowadays it can't be waged morally - against innocent death though not war itself
             • Wars are acceptable in theory, but not in practise
               • May be the lesser of two evils
         • Preferential pacifism
           • Pacifism is preferential violence
             • But it can take a back seat to help the oppress - eg with Diethrich Bonhoeffer
               • Participated in plot to kill Hitler to safe future generations
   • For and against
     • For
       • Promotes life
       • If everyone were pacifist, there would be no war
       • Clear and specific - more than Just War
       • Peaceful solutions over violence
       • Follows Jesus's teachings
     • Against
       • Does not allow defence of self or others
       • Allows evil
       • We just don't live in a pacifist world
       • States have a duty to protect their citizens if they're attacked

7. Applying ethical theories

   • Utilitarianism
     • Weights pleasure of outcome vs the pain of war
       • Hard theory to apply, because the consequences are so hard to predict
         • Just War fits Util very well
           • Consider the enemy too
             • Bentham himself was opposed to war
   • Kant
     • Right intention is similar to Kant's good will
     • Is killing something you can universalise?
       • You could universalise self-defence
         • Then there would be no war
     • Using soldiers to win a war is to use them as a means to an end
     • Kant himself permitted war as he thought humans were prone to violence, but he didn't like it
       • In 1795, he wrote 'Perpetual Peace' in which he proposed a federation of free states bound by a war-prohibiting covenant
         • This idea helped set up the UN