"A just war is one to be described as one that avenges wrongs, when a nation or state has to be punished for refusing to make amends for wrongs inflicted by its subjects, or to restore what is seized unjustly"
According to Francisco de Vitoria when is war just?
When a nation trues ti correct a violation of its rights
What does Francisco Suarez believe a nation has the right to do?
The right to punish those who are responsible for the injustice
What did Hugo Groitus and Emerich de Vattel belive justified war?
Prevention of injustice (must be certain of facts though)
what is the UN Sec Councils view on pre-emptive strikes?
They are wrong- unless they have been clearly authorized in advance
JS Mill on whether we can intervene in another countres conflict- even if it is to try to help
"The members of a political community must seek their own freedom" "They cannot be set free by external force"
US Catholic Bishops on just war
"Every party should acknowledge the limits of its Just Cause" "only limited means in pursuit of its objective" i.e. no excessive force
6 Factors of Jus Ad Bello?
1) No excessive force 2)Legitimate authority 3) Right intention 4)Likelihood of success 5)Proportionality 6)Last Resort
Proportionality i.e. soldiers use right amount of force to achieve end they seek; Discrimination and non-combat immunity; Obey all laws on international weapons; Fair treatment of prisoners of war; no means malum in se (intrinsically wrong) e.g. mass rape, genocide;
How can civilian deaths be justified?
US Catholic Bishops on taking lives on innocent
"The lives of innocent civilians may never be taken directly. Regardless of the purpose for doing so"- how do we define directly? Can bomb school if firing rockets???
How does Groitus define the innocent?
IF A justly attacks B, all of state A are innocent and all of B are guilty of aggression
Robert Holmes' categories on the people involved in war?
1) Initiators of war 2) Agenst of war- military 3) Cotributors to war effort- munition maker; 4) Those who approve/ encourage it 5) Those who neither contribute nor support the war (Doesn't consider the question of conscription)
What does Geneva Convention say about prisoners of war?
Should be kept in benevolent quarantine, away from battle until the war ends, when they should be exchanged for ones own POW- do terrorists deserve this protection
What is a reprisal?
When a country violates ju in bello while at war with another country 'B'. B thien retaliates with its own violation of jus in bello in an attempt to make A obey the rules. Doesn't seem to work;seems to just escalate violence and make destruction even more indiscriminate
1) Proportionality- reasonable peace treaty, do not seek to humiliate i.e. no unconditional surrender- civilians should be protected; no economic sanctions after war; 2) Discrimination- distinction between the leaders and soldier and civilians of a country; 3) rights violation- settlement should secure the rights to life and liberty, territory and sovereignty- esp. any violations that may have been a trigger for war- the war and peace treaty will have an improving affect on a country; 4) Punishment- those who violated laws etc. should be held accountable and face and international war crimes tribunal