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The The Just War Just War Tradition Tradition

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Page 1: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

The The Just War Just War TraditionTradition

Page 2: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War Tradition

Jus Ad Bellem(before the war)

Jus In Bello(during the war)

Jus Post Bellum(after the war)

Page 3: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War Tradition

Jewish contributions

Two types of legitimate warfare

Obligatory war (Milchemet Mitzvah)

God commanded wars of the Israelites

Defensive wars of any era

Voluntary war (Milchemet rashut)

territorial expansion

Page 4: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War Tradition

Contributions of Plato, Aristotle and Cicero

Moral ideas discussed in Plato’s Republic

“Just War” (Bellum Justum) - Aristotle in Politics.

Cicero (1st century BCE) “those ware which are unjust are undertaken without provocation, for only a war waged for revenge or defense can be just.”

Page 5: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War Tradition

Christian Teachings

1st century CE – non-violence

St. Ambrose (parallels Cicero) – lacks systematic argument based on scripture.

St. Augustine – War is a consequence of sin, but could also be a remedy.

Page 6: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War Tradition

St. Augustine, Bishop of Hippo

Ordained a priest at age 37

Ordained a Bishop after 5 years

Author of “Confessions” and “The City of God”

Established Just War Theory in the letter “The Correction of the Donatists”

Page 7: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War TraditionJust Cause

Comparative Justice

Right Intention

Competent Authority

Public Declaration

Last Resort

Reasonable Probability of Success

Proportionality

Peace as the Ultimate Objective of War

Page 8: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just CauseCicero Ambrose Augustine

To defend the state from barbarian invasion

To defend the safety or honor of the state

To gain revenge for wrongs

To defend the safety or honor of one’s allies

To wage war at the behest of the gods as directed by the priests of the collegium fetialium

To defend the state from barbarian invasion

To protect those who are unable to protect themselves

To obey a divine command to go to war (which, in practice, issues from the head of state acting as God’s lieutenant on earth)

To defend the state from external invasion

To defend the safety or honor of the state, with the realization that their simultaneous defense might be impossible

To avenge injuries; to punish a nation for failure to take corrective action for wrongs (legal or moral) committed by its citizens

To come to defense of one’s allies

To obey a divine command to go to war (which in practice, issues from the political head of state acting as God’s lieutenant on earth)

To gain the return of something that was wrongfully taken

Page 9: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Comparative JusticeCicero Ambrose Augustine

Wars fought for “glory” are less just than those fought for defensive reasons

The nation which claims to have just cause to wage war must have a cause which is at least more just that the other nation’s cause

Page 10: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Right IntentionCicero Ambrose Augustine

War must not be fought merely for territorial expansion or as the result of a lust for power or bloodshed

War must not be fought for territorial expansion

Those who wage war must not delight in the wickedness of potential adversaries

Those who wage war must view war as a stern necessity

Those who wage war must never act in a way that will provoke war

Page 11: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Competent AuthorityCicero Ambrose Augustine

The Roman Senate has authority to declare ware on behalf of the Roman people after having obtained the assent of the gods via the fetial priests.

In Old Testament times, God directed wars to be fought

The decision to wage war is an affair of state, not the church.

The sovereign ruler of the state has authority to wage war.

Those subject to the authority of the sovereign are duty-bound to fight in the sovereign’s wars (perhaps even in those which are unjust).

God can, with perfect justice direct wars to be fought.

Page 12: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Public DeclarationCicero Ambrose Augustine

War must be preceded by:

1. A public declaration or

2. an ultimatum demanding redress of grievances.

Page 13: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Last ResortCicero Ambrose Augustine

By definition, a public declaration of war or the issuance of an ultimatum constitutes the last resort for peaceful resolution short of war.

Disputes should be resolved by means short of war whenever possible.

Disputes should be resolved by the means short of war whenever possible

Page 14: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Reasonable Probability of Success

Cicero Ambrose Augustine

A war justly entered into still can be held to have been just even if it is lost.

Page 15: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

ProportionalityCicero Ambrose Augustine

War must be fought in light of the object of the restoration of peace; and the restoration of peace will mark the attainment of a greater good than would result from the continued absence of peace.

Page 16: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Peace as the Ultimate Object of War

Cicero Ambrose AugustinePeace without juile is a desirable result of war.

Peace should be reestablished at the war’s conclusion.

Peace is the proper object of all wars.

Page 17: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War TraditionJust Cause

Comparative Justice

Right Intention

Competent Authority

Public Declaration

Last Resort

Reasonable Probability of Success

Proportionality

Peace as the Ultimate Objective of War

Page 18: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Just War in the 21st Century

Page 19: The Just War Tradition. Just War Tradition Jus Ad Bellem (before the war) Jus In Bello (during the war) Jus Post Bellum (after the war)

Is Just War Reality

or

Myth?

Which do you Choose?

Warfare in the 21 Century