JUST WAR THEORY

NOTE: From now on, I will be posting the Soldiers’ Quote of the fortnight. It will be a quote of the fortnight related to a Just War, defensive war and the armed forces. Today, I will first talk about what is a Just War Theory; I got the information from Wikipedia.

Just war theory (or Bellum iustum) is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which holds that a violent conflict ought to meet philosophical, religious or political criteria.

Origins

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 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.

Augustine of Hippo

Saints Augustine and Aquinas

Christian theory of the just war begins with Augustine of Hippo and Thomas Aquinas.

Augustine of Hippo, generally considered one of the first and greatest Christian theologians, was one of the first to assert that a Christian could be a soldier and serve God and country honorably. He claimed that, while individuals should not resort immediately to violence, God has given the sword to government for good reason. Christians as part of government should not be ashamed to protect peace and punish wickedness.

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:

"The commandment forbidding killing was not broken by those who have waged wars on the authority of God, or those who have imposed the death-penalty on criminals when representing the authority of the state, the justest and most reasonable source of power"

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.

Thomas Aquinas

Thomas Aquinas

Nine hundred years later, Thomas Aquinas — an immensely influential philosopher and theologian in the tradition of scholasticism — used the authority of Augustine's arguments as he laid out the conditions under which a war could be just:

·         First, war must occur for a good and just purpose rather than for self-gain (for example, "in the nation's interest" is not just) or as an exercise of power.

·         Second, just war must be waged by a properly instituted authority such as the state.

·         Third, peace must be a central motive even in the midst of violence.

School of Salamanca

Growing from Aquinas arguments was the School of Salamanca, which expanded on Thomistic understanding of natural law and just war. Given that war is one of the worst evils suffered by mankind, the adherents of the School reasoned that it ought to be resorted to only when it was necessary in order to prevent an even greater evil. A diplomatic agreement is preferable, even for the more powerful party, before a war is started. Examples of "just war" are:

·         In self-defense, as long as there is a reasonable possibility of success.

·         Preventive war against a tyrant who is about to attack.

·         War to punish a guilty enemy.

A war is not legitimate or illegitimate simply based on its original motivation: it must comply with a series of additional requirements:

·         It is necessary that the response be commensurate to the evil; use of more violence than is strictly necessary would constitute an unjust war.

·         Governing authorities declare war, but their decision is not sufficient cause to begin a war. If the people oppose a war, then it is illegitimate. The people have a right to depose a government that is waging, or is about to wage, an unjust war.

·         Once war has begun, there remain moral limits to action. For example, one may not attack innocents or kill hostages.

·         It is obligatory to take advantage of all options for dialogue and negotiations before undertaking a war; war is only legitimate as a last resort.

Under this doctrine, expansionist wars, wars of pillage, wars to convert infidels or pagans, and wars for glory are all inherently unjust.

Formally described Just War

The first work dedicated specifically to it was De bellis justis of Stanisław of Skarbimierz, who justified war of the Kingdom of Poland with Teutonic Knights. Francisco de Vitoria criticized the conquest of America by the Kingdom of Spain. 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 revival of classical republicanism beginning with works of Thomas Hobbes.

The Just War theory is an authoritative Catholic Church teaching confirmed by the United States Catholic Bishops in their pastoral letter, The Challenge of Peace: God's Promise and Our Response, issued in 1983. More recently, the Catechism of the Catholic Church, in paragraph 2309, lists four strict conditions for "legitimate defense by military force":

·         the damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain;

·         all other means of putting an end to it must have been shown to be impractical or ineffective;

·         there must be serious prospects of success;

·         the use of arms must not produce evils and disorders graver than the evil to be eliminated. The power as well as the precision of modern means of destruction weighs very heavily in evaluating this condition.

Although the criticism can be made that the application of Just War 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 both 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 which 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 which drew whatever ethical coloring it had from the intentions of the perpetrators.

A Japanese Edo period wood block print of a samurai with a tachi.

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; the second establishing jus in bello, right conduct within war. 

Jus ad bellum

Main article: Jus ad bellum

Just cause

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."

Comparative justice

While there may be rights and wrongs on all sides of a conflict, to overcome 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.

Competent authority

Only duly constituted public authorities may wage war. "A just war must be initiated by a political authority within a political system that allows distinctions of justice. Dictatorships (e.g. Hitler's Regime) or deceptive military actions (e.g. the 1968 US bombing of Cambodia) are typically considered as violations of this criterion. The importance of this condition is key. Plainly, we cannot have a genuine process of judging a just war within a system that represses the process of genuine justice. A just war must be initiated by a political authority within a political system that allows distinctions of justice".

Right intention

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.

Probability of success

Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success;

Last resort

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.

Proportionality

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 evidence).

US Army Asymmetric Warfare Group soldier with a HK416 D14.5RS (foreground) in Iraq, 2006.

Jus in bello

Once war has begun, just war theory (Jus in bello) also directs how combatants are to act or should act:

Distinction

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 targets and committing acts of terrorism or reprisal against civilians. Moreover, combatants are not permitted to target with violence enemy combatants who have surrendered or who have been captured or who are injured and not presenting an immediate lethal threat.

Proportionality

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).

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, 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.

Fair treatment of prisoners of war

Enemy soldiers who surrendered or who are captured no longer pose a threat. It is therefore wrong to torture them or otherwise mistreat them.

No means malum in se

Soldiers may not use weapons or other methods of warfare which are considered evil, such as mass rape, forcing soldiers to fight against their own side or using weapons whose effects cannot be controlled (e.g. nuclear weapons).

James Barr (Joseph Sikora) prepares to fire a M1A in Iraq. (Sources: http://www.imfdb.org/wiki/Jack_Reacher)

Official positions

World War I

In April 1917, two weeks after President Woodrow Wilson 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. As an example of the position US Catholic bishops took to the war against Germany. The Episcopalian Archbishop of New York, William Manning said in 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.

Leopard II Tank

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. Orend, for instance, proposes the following principles:

Just cause for termination

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.

Right intention

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.

Public declaration and authority

The terms of peace must be made by a legitimate authority, and the terms must be accepted by a legitimate authority.

Discrimination

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.

Proportionality

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.