Just+War+Theory

Just War Theory has two sets of criteria. The first establishing //jus ad bellum//, the right to go to war; the second establishing //jus in bello//, right conduct within war. [|[9]] The reason for going to war needs to be just and cannot therefore be solely for recapturing things taken or punishing people who have done wrong; innocent life must be in imminent danger and intervention must be to protect life. A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said: //"Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations."// While there may be rights and wrongs on all sides of a conflict, to override the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Some theorists such as [|Brian Orend] omit this term, seeing it as fertile ground for exploitation by bellicose regimes. Only duly constituted public [|authorities] may wage war. Force may be used only in a truly just cause and solely for that purpose—correcting a suffered wrong is considered a right [|intention], while material gain or maintaining economies is not. Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success; Force may be used only after all peaceful and viable alternatives have been seriously tried and exhausted or are clearly not practical. It may be clear that the other side is using negotiations as a delaying tactic and will not make meaningful concessions. The anticipated benefits of waging a war must be proportionate to its expected evils or harms. This principle is also known as the principle of macro-proportionality, so as to distinguish it from the //jus in bello// principle of proportionality. In modern terms just war is waged in terms of self defense or in defense of another with sufficient provocation. Once war has begun, just war theory also directs how [|combatants] are to act: (//Jus in bello//) Just war conduct should be governed by the principle of distinction. The acts of war should be directed towards enemy combatants, and not towards [|non-combatants] caught in circumstances they did not create. The prohibited acts include bombing civilian residential areas that include no military target and committing acts of terrorism or reprisal against civilians. Just war conduct should be governed by the principle of proportionality. An attack cannot be launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality). 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. 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]. Orend, for instance, proposes the following principles: A state may terminate a war if there has been a reasonable vindication of the rights that were violated in the first place, and if the aggressor is willing to negotiate the terms of surrender. These terms of surrender include a formal apology, compensations, war crimes trials and perhaps rehabilitation. Alternatively, a state may end a war if it becomes clear that any just goals of the war cannot be reached at all or cannot be reached without using excessive force. A state must only terminate a war under the conditions agreed upon in the above criteria. Revenge is not permitted. The victor state must also be willing to apply the same level of objectivity and investigation into any war crimes its armed forces may have committed. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The terms of peace must be made by a legitimate authority, and the terms must be accepted by a legitimate authority. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The victor state is to differentiate between political and military leaders, and combatants and civilians. Punitive measures are to be limited to those directly responsible for the conflict. [|Truth and reconciliation] may sometimes be more important than punishing war crimes. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Any terms of surrender must be proportional to the rights that were initially violated. Draconian measures, absolutionist crusades and any attempt at denying the surrendered country the right to participate in the world community are not permitted.
 * <span style="font-family: 'Times New Roman','serif'; font-size: 18pt;">Criteria of Just War theory **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Just cause **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Comparative justice **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Legitimate authority **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Right intention **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Probability of success **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Last resort **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Proportionality **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 13.5pt;">[ [|edit] ] //Jus in bello// **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> [|Distinction] **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> [|Proportionality] **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> [|Military necessity] **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 18pt;">[ [|edit] ] Ending a war: //Jus post bellum// **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Just cause for termination **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Right intention **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Public declaration and authority **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Discrimination **
 * <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Proportionality **