Just War Theory Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

Just war theory is a body of principles developed over centuries that attempt to delineate what justifies the initiation of armed conflict and what rules govern the subsequent conduct of fighting. The contemporary dominant strand of the concept developed from the Western, Judeo-Christian canon, but non-Western philosophies, including Hinduism and Islam, also have rich just war traditions. The main rival philosophies to just war theory are pacifism and political realism. The main tenets of just war theory have been incorporated into international law and custom and are enshrined in various key documents such as the United Nations Charter.

Jus Ad Bellum

The Latin phrase jus ad bellum (justice toward war) is generally used to describe the criteria by which a state has a legal or moral right to resort to force. In the Western tradition, six factors were necessary for the instigation of a just war. First, war could only be waged by a recognized, legitimate, sovereign political authority. Key to this principle was the notion that only the highest political actor, whether it is a sovereign or an elected or appointed body, had a legal monopoly on the use of force. Consequently, substate actors could not legitimately resort to force as a private initiative or venture because such actions would undermine the stability of society and the international system. Second, war should only be undertaken for the right goals. Conflicts were not to be initiated because of greed or revenge or antagonism. Instead, the ultimate goal of the use of force was to restore peace. Third, there had to be just cause. Just cause has historically manifested itself in one of three ways: defense against attack, the reclamation of territory or property unlawfully taken, or to combat a recognized evil or danger to the international system. Fourth, war must be the last resort after all other options have been exhausted. Fifth, the destruction of war must not outweigh the potential benefits of the conflict. Sixth, and finally, conflicts should be initiated only if there is a reasonable expectation that a lasting peace may be achieved.

Jus In Bello

Jus in bello (justice in war) describes the rules of war once a conflict has begun and is based on two main tenets. Proportionality requires that combatants only use appropriate force to achieve their objectives and avoid gratuitous violence or destruction of property. Discrimination obliges belligerents to avoid direct attacks on civilians or other noncombatants. Instead, combatants should employ all necessary and proper steps to protect noncombatants from violence.

The Western Foundations Of Just War Theory

In the Western philosophical tradition, the roots of just war theory can be traced to disparate sources ranging from Plato’s discussions of the proper conduct of soldiers and warfare in The Republic to passages in the Old and New Testaments that call for mercy toward enemies during war and efforts to avoid armed strife. The theologian St. Augustine is generally credited with developing the first extensive effort at just war theory, which included a prohibition against warfare based on hatred or greed, developed in works such as Against Faustus. Augustine also argued for the importance of legitimate authority in initiating conflict to maintain order, as well as the need to limit conflict. St. Thomas Aquinas codified what became the basis for contemporary just war theory in his work the Summa Theologicae, including the main tenets of jus ad bellum and jus in bello. Nonetheless, wars of conquest and religious conversion became common during the medieval period. Later contributors to just war theory included Hugo Grotius, John Locke, Immanuel Kant, and, in the contemporary period, political philosopher Michael Walzer, whose Just and Unjust Wars develops a secular form of just war theory. Walzer discounts pacifism, but stresses the importance of ethical behavior in the conduct of war.

Non-Western Just War Theory

Both Hinduism and Islam developed a form of just war theory that emphasizes the importance of stability and the protection of the social unit from external threat. Ancient Hindu philosophy argued that leaders had not only a right to defend their people from internal and external threat, but also both a moral and religious duty to do so. Under Hindu custom, justifiable wars included those to expel foreign invaders, disputes over territory, and conflicts in response to affronts to royal power. Nonetheless, as with Western just war theory, war should be the last resort. Sacred Hindu texts also endorsed discrimination and the protection of noncombatants and the principle of proportionality in the use of force. In the twentieth century, nonviolence became increasingly important through the advocacy of Mohandas Gandhi.

As with Christianity and Hinduism, Islamic tradition accepts that force may be needed to preserve order and to ensure the triumph of good over evil. The main justification for the use of force is to protect the community from external threat. However, some Sunni scholars also justified conflict that spread Islam. Typically, secular conflicts to expand territory or gain wealth were not considered just. Under other branches of Islam, the use of force is acceptable only in defensive wars.

Buddhism typically rejects warfare and emphasizes nonviolence. However, under some circumstances, force may be justifiable, such as when it is used to protect innocents from evil. However, even when force is used, peace and the restoration of stability remain paramount.

Just War Theory And Preemptive War

Under just war theory, preemptive war is acceptable only if an attack is imminent and all other efforts to resolve a conflict have been exhausted. Preemptive wars are distinct from preventive wars, which are waged to overcome a pending threat, but one that is not necessarily imminent. Preventive wars are generally held to be illegal under modern just war theory. The 2003 invasion of Iraq was criticized under the just war doctrine as a preventive war.

Bibliography:

Holsti, Kalevi J. Peace and War: Armed Conflict and International Order, 1648–1989. Cambridge: Cambridge University Press, 1991.
Howard, Michael. The Laws of War: Constraints on Warfare in the Western World. New Haven, Conn.: Yale University Press, 1994.
Johnson, James Turner. Can Modern War Be Just? New Haven, Conn.: Yale University Press, 1984.
Robinson, Paul, ed. Just War in a Comparative Perspective. Aldershot, U.K.: Ashgate, 2003.
Walzer, Michael. Just and Unjust Wars. New York: Basic Books, 1978.

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