Just war theory (Latin: jus bellum iustum) is a doctrine, also referred to as a tradition, of military ethics studied by theologians, ethicists, policy makers, and military leaders. The purpose of the doctrine is to ensure war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. The criteria are split into two groups: "right to go to war" (jus ad bellum) and "right conduct in war" (jus in bello). The first concerns the morality of going to war, and the second the moral conduct within war. Recently there have been calls for the inclusion of a third category of Just War theory—jus post bellum—dealing with the morality of post-war settlement and reconstruction.
Contents
- Pre Christian
- Saint Augustine
- Thomas Aquinas
- School of Salamanca
- Doctrine
- Formally described as just war
- Criteria of just war theory
- Jus ad bellum
- Jus in bello
- World War I
- Ending a war Jus post bellum
- Alternative theories
- List of just war theorists
- Theorists stating retaliation is justified
- References
Just War theory postulates that war, while terrible, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war.
Opponents of Just War theory claim that there has never been a political philosopher who argued that war poses any real benefit to any participating party. In a large number of cases, philosophers state that individuals need not be of guilty conscience if required to fight. A few nobilify the virtues of the soldier while declaring spite for war itself. A few, such as Rousseau, argue for insurrection against oppressive rule.
The historical aspect, or the "just war tradition," deals with the historical body of rules or agreements that have applied in various wars across the ages. The just war tradition also considers the writings of various philosophers and lawyers through history, and examines both their philosophical visions of war's ethical limits and whether their thoughts have contributed to the body of conventions that have evolved to guide war and warfare.
Pre-Christian
The Indian epic, the Mahabharata, offers one of the first written discussions of a "just war." In it, one of five ruling brothers asks if the suffering caused by war can ever be justified, and then a long discussion ensues between the siblings, establishing criteria like proportionality (chariots cannot attack cavalry, only other chariots; no attacking people in distress), just means (no poisoned or barbed arrows), just cause (no attacking out of rage), and fair treatment of captives and the wounded. The war in the Mahabharata is preceded by context that develops the "just cause" for the war including last minute efforts to reconcile differences to avoid war. At the beginning of the war, there is the discussion of "just conduct" appropriate to the context of war.
In ancient Rome, a "just cause" for war might include the necessity of repelling an invasion, or retaliation for pillaging or a breach of treaty. War was always potentially nefas, ("wrong, forbidden") and risked religious pollution and divine disfavor. A just war (bellum iustum) thus required a ritualized declaration by the fetial priests. More broadly, conventions of war and treaty-making were part of the ius gentium, the "law of nations," the customary moral obligations regarded as innate and universal to human beings. The quintessential explanation of Just War theory in the ancient world is found in Cicero's De Officiis, Book 1, sections 1.11.33–1.13.41
Christian theory of the Just War begins with Augustine of Hippo and Thomas Aquinas.
Saint Augustine
Augustine of Hippo himself did not approve of war. He claimed that, while individuals should not resort immediately to violence, God has given the sword to government for good reason (based upon Romans 13:4). In Contra Faustum Manichaeum book 22 sections 69-76, Augustine argues that Christians as part of government need not be ashamed to protect peace and punish wickedness when forced to do so by a government. Augustine asserted that this was a personal, philosophical stance:
"What is here required is not a bodily action, but an inward disposition. The sacred seat of virtue is the heart."Nonetheless, he asserted, peacefulness in the face of a grave wrong that could only be stopped by violence would be a sin. Defense of one's self or others could be a necessity, especially when authorized by a legitimate authority:
"They who have waged war in obedience to the divine command, or in conformity with His laws, have represented in their persons the public justice or the wisdom of government, and in this capacity have put to death wicked men; such persons have by no means violated the commandment, 'Thou shalt not kill.'"While not breaking down the conditions necessary for war to be just, Augustine nonetheless originated the very phrase itself in his work The City of God:
"But, say they, the wise man will wage Just Wars. As if he would not all the rather lament the necessity of just wars, if he remembers that he is a man; for if they were not just he would not wage them, and would therefore be delivered from all wars."For the individual Christian under the rule of a government engaged in an immoral war, Augustine admonished that Christians, "by divine edict, have no choice but to subject themselves to their political masters and [should] seek to ensure that they execute their war-fighting duty as justly as possible."
Thomas Aquinas
Nine hundred years later, Thomas Aquinas (1225-1274) laid out the conditions under which a war could be justified (Combining the theological principles of faith with the philosophical principles of reason, he ranked among the most influential thinkers of medieval Scholasticism):
In the Summa Theologica, Thomas proceeded to distinguish between philosophy and theology, and between reason and revelation, though he emphasized that these did not contradict each other. Both are fountains of knowledge; both come from God.
School of Salamanca
The School of Salamanca expanded on Thomistic understanding of natural law and just war. It stated that war is one of the worst evils suffered by mankind. The School's adherents reasoned that war should be a last resort, and only then, when necessary to prevent an even greater evil. Diplomatic resolution is always preferable, even for the more powerful party, before a war is started. Examples of "just war" are:
A war is not legitimate or illegitimate simply based on its original motivation: it must comply with a series of additional requirements:
Under this doctrine expansionist wars, wars of pillage, wars to convert infidels or pagans, and wars for glory are all inherently unjust.
Doctrine
The just war doctrine of the Catholic Church—sometimes mistaken as a "just war theory"—found in the 1992 Catechism of the Catholic Church, in paragraph 2309, lists four strict conditions for "legitimate defense by military force":
The Compendium of the Social Doctrine of the Church elaborates on the Just War Doctrine in paragraphs 500 to 501:
If this responsibility justifies the possession of sufficient means to exercise this right to defence, States still have the obligation to do everything possible "to ensure that the conditions of peace exist, not only within their own territory but throughout the world". It is important to remember that "it is one thing to wage a war of self-defence; it is quite another to seek to impose domination on another nation. The possession of war potential does not justify the use of force for political or military objectives. Nor does the mere fact that war has unfortunately broken out mean that all is fair between the warring parties".The Charter of the United Nations intends to preserve future generations from war with a prohibition against force to resolve disputes between States. Like most philosophy, it permits legitimate defence and measures to maintain peace. In every case, the charter requires that self-defence must respect the traditional limits of necessity and proportionality.Therefore, engaging in a preventive war without clear proof that an attack is imminent cannot fail to raise serious moral and juridical questions. International legitimacy for the use of armed force, on the basis of rigorous assessment and with well-founded motivations, can only be given by the decision of a competent body that identifies specific situations as threats to peace and authorizes an intrusion into the sphere of autonomy usually reserved to a State.Formally described as "just war"
The first work dedicated specifically to it was De bellis justis of Stanisław of Skarbimierz (1360-1431), who justified war by the Kingdom of Poland with Teutonic Knights. Francisco de Vitoria criticized the conquest of America by the Kingdom of Spain on the basis of just war theory. With Alberico Gentili and Hugo Grotius just war theory was replaced by international law theory, codified as a set of rules, which today still encompass the points commonly debated, with some modifications. The importance of the theory of just war faded with the revival of classical republicanism beginning with works of Thomas Hobbes.
Although the criticism can be made that the application of just war theory is relativistic, one of the fundamental bases of the tradition is the Ethic of Reciprocity, particularly when it comes to in bello considerations of deportment during battle. If one set of combatants promise to treat their enemies with a modicum of restraint and respect, then the hope is that other sets of combatants will do similarly in reciprocation, (a concept not unrelated to the considerations of Game Theory).
Just war theorists combine a moral abhorrence towards war with a readiness to accept that war may sometimes be necessary. The criteria of the just war tradition act as an aid to determining whether resorting to arms is morally permissible. Just war theories are attempts "to distinguish between justifiable and unjustifiable uses of organized armed forces"; they attempt "to conceive of how the use of arms might be restrained, made more humane, and ultimately directed towards the aim of establishing lasting peace and justice".
The just war tradition addresses the morality of the use of force in two parts: when it is right to resort to armed force (the concern of jus ad bellum) and what is acceptable in using such force (the concern of jus in bello). In more recent years, a third category — jus post bellum — has been added, which governs the justice of war termination and peace agreements, as well as the prosecution of war criminals.
Anarcho-capitalist scholar Murray Rothbard stated: "a just war exists when a people tries to ward off the threat of coercive domination by another people, or to overthrow an already-existing domination. A war is unjust, on the other hand, when a people try to impose domination on another people, or try to retain an already existing coercive rule over them."
Jonathan Riley-Smith writes,
The consensus among Christians on the use of violence has changed radically since the crusades were fought. The just war theory prevailing for most of the last two centuries — that violence is an evil that can, in certain situations, be condoned as the lesser of evils — is relatively young. Although it has inherited some elements (the criteria of legitimate authority, just cause, right intention) from the older war theory that first evolved around A.D. 400, it has rejected two premises that underpinned all medieval just wars, including crusades: first, that violence could be employed on behalf of Christ's intentions for mankind and could even be directly authorized by him; and second, that it was a morally neutral force that drew whatever ethical coloring it had from the intentions of the perpetrators.
Criteria of just war theory
Just War Theory has two sets of criteria, the first establishing jus ad bellum (the right to go to war), and the second establishing jus in bello (right conduct within war).
Jus ad bellum
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 has begun, just war theory (Jus in bello) also directs how combatants are to act or should act:
World War I
In April 1917, two weeks after the United States Congress declared war on Germany, Cardinal James Gibbons of Baltimore, the de facto head of the U.S. Catholic church, issued a letter that all Catholics were to support the war. The Episcopal bishop of New York, William Manning said the following:
Our Lord Jesus Christ does not stand for peace at any price...Every true American would rather see this land face war than see her flag lowered in dishonor...I wish to say that, not only from the standpoint of a citizen, but from the standpoint of a minister of religion...I believe there is nothing that would be of such great practical benefit to us as universal military training for the men of our land.
If by Pacifism is meant the teaching that the use of force is never justifiable, then, however well meant, it is mistaken, and it is hurtful to the life of our country. And the Pacifism which takes the position that because war is evil, therefore all who engage in war, whether for offense or defense, are equally blameworthy, and to be condemned, is not only unreasonable, it is inexcusably unjust.
Ending a war: Jus post bellum
In recent years, some theorists, such as Gary Bass, Louis Iasiello and Brian Orend, have proposed a third category within Just War theory. Jus post bellum concerns justice after a war, including peace treaties, reconstruction, war crimes trials, and war reparations. [22] — jus post bellum — has been added to deal with fact that some hostile actions may take place outside a traditional battlefield. Jus pos bellum governs the justice of war termination and peace agreements, as well as the prosecution of war criminals, and publicly labeled terrorists. This idea has largely been added to help decide what to do if there are prisoners that have been taken during battle. It is, through government labeling and public opinion, that people use jus post bellum to justify the pursuit of labeled terrorist for the safety of the government's state in a modern context. The actual fault lies with the aggressor, so by being the aggressor they forfeit their rights for honorable treatment by their actions. This is the theory used to justify the actions taken by anyone fighting in a war to treat prisoners outside of war. Actions after a conflict can be warranted by actions observed during war, meaning that there can be justification to meet violence with violence even after war. Orend, who was one of the theorist mentioned earlier, proposes the following principles:
Alternative theories
There are many theories that correlate with the Just War Theory doctrine, which include:
List of just war theorists
These theorists either approve of war as retaliation, or of war as a last resort.
Theorists stating retaliation is justified
These theorists do not approve of war, but provide arguments for justifying retaliation when another starts war.