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Just War Theory A Preliminary Perspective

Recognition that war is one of the most vicious of human activities has led to the formulation of analyses that aim to limit its occurrence and extent, the best known of which is the theory of just war . The many formulations of this theory have subtle differences, but a representative account notes five requirements dealing with the decision to commence war (jus ad helium) [15] (i) there must be a just cause (such as to repel an aggressor) (ii) there must be a just intent (such as to restore peace and justice) (iii) war must be a last resort, every possibility of peaceful settlement having been exhausted (iv) the declaration of war must be by a legitimate authority (v) there must be a good prospect of success. There are two further requirements for the conduct of war (jus in hello) (vi) the innocent (civilian non-combatants) must not be directly attacked (acts should be discriminate) (vii) the means used must be in proportion to the end in view. It is usually made clear that all of these conditions must be met for war to be considered just. Recent accounts also suggest that it is important to consider the likelihood of justice after the war (jus post helium). [Pg.39]

Just war theory has been subject to strong criticism. For example, the theory may be viewed as institutionalising conflict assumptions, as it assumes a culture of conflict rather than seeking to promote a culture of peace. The very concept of a just war may be doubted, for armed conflict inevitably results in the death and injury of the innocent. The requirements represent a rather idealised state very different from the irrational political disputes that precede the start of wars and the chaotic conduct of wars. It has also been suggested that the very existence of a set of requirements of this sort makes war more likely, for they can be used speciously to justify war. For example, the doctrine may be used to provide justiflcation for pre-emptive war or even preventive war, where any danger is distant, perhaps no [Pg.39]

Proponents of such technology may refer to autonomous systems able to make decisions . Such terminology seems intended to imply mind-like properties, possibly to distract from the [Pg.39]

A substantive recent consideration of the morality of war [16] which is strongly supportive of just war theory notes three features of contemporary war that are pertinent to the present analysis  [Pg.40]

For Western nations, wars are now undertaken more from choice than from the pressing necessity of territorial defence. For example, there are no current strategic threats to the UK. This increases the need for carefiil justification of military engagement. [Pg.40]


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