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Having just cause (especially and, according to
United Nations Charter, exclusively, self-defense);
Being (formally) declared by a proper authority;
Possessing a right intention;
Having a reasonable chance of success;
The end being proportional to
means used."
Yet,
evolution of warfare -
invention of nuclear weapons,
propagation of total war,
ubiquity of guerrilla and national liberation movements,
emergence of global, border-hopping terrorist organizations, of totalitarian regimes, and rogue or failed states - requires these principles to be modified by adding these tenets:
That
declaring authority is a lawfully and democratically elected government.
That
declaration of war reflects
popular will.
(Extension of 3) The right intention is to act in just cause.
(Extension of 4) ... or a reasonable chance of avoiding an annihilating defeat.
(Extension of 5) That
outcomes of war are preferable to
outcomes of
preservation of peace.
Still,
doctrine of just war, conceived in Europe in eras past, is fraying at
edges. Rights and corresponding duties are ill-defined or mismatched. What is legal is not always moral and what is legitimate is not invariably legal. Political realism and quasi-religious idealism sit uncomfortably within
same conceptual framework. Norms are vague and debatable while customary law is only partially subsumed in
tradition (i.e., in treaties, conventions and other instruments, as well in
actual conduct of states).
The most contentious issue is, of course, what constitutes "just cause". Self-defense, in its narrowest sense (reaction to direct and overwhelming armed aggression), is a justified casus belli. But what about
use of force to (deontologically, consequentially, or ethically):
Prevent or ameliorate a slow-motion or permanent humanitarian crisis;
Preempt a clear and present danger of aggression ("anticipatory or preemptive self-defense" against what Grotius called "immediate danger");
Secure a safe environment for urgent and indispensable humanitarian relief operations;
Restore democracy in
attacked state ("regime change");
Restore public order in
attacked state;
Prevent human rights violations or crimes against humanity or violations of international law by
attacked state;
Keep
peace ("peacekeeping operations") and enforce compliance with international or bilateral treaties between
aggressor and
attacked state or
attacked state and a third party;
Suppress armed infiltration, indirect aggression, or civil strife aided and abetted by
attacked state;
Honor one's obligations to frameworks and treaties of collective self-defense;
Protect one's citizens or
citizens of a third party inside
attacked state;
Protect one's property or assets owned by a third party inside
attacked state;
Respond to an invitation by
authorities of
attacked state - and with their expressed consent - to militarily intervene within
territory of
attacked state;
React to offenses against
nation's honor or its economy.
Unless these issues are resolved and codified,
entire edifice of international law - and, more specifically,
law of war - is in danger of crumbling. The contemporary multilateral regime proved inadequate and unable to effectively tackle genocide (Rwanda, Bosnia), terror (in Africa, Central Asia, and
Middle East), weapons of mass destruction (Iraq, India, Israel, Pakistan, North Korea), and tyranny (in dozens of members of
United Nations).
This feebleness inevitably led to
resurgence of "might is right" unilateralism, as practiced, for instance, by
United States in places as diverse as Grenada and Iraq. This pernicious and ominous phenomenon is coupled with contempt towards and suspicion of international organizations, treaties, institutions, undertakings, and
prevailing consensual order.
In a unipolar world, reliant on a single superpower for its security,
abrogation of
rules of
game could lead to chaotic and lethal anarchy with a multitude of "rebellions" against
emergent American Empire. International law -
formalism of "natural law" - is only one of many competing universalist and missionary value systems. Militant Islam is another. The West must adopt
former to counter
latter.

Sam Vaknin is the author of Malignant Self Love - Narcissism Revisited and After the Rain - How the West Lost the East. He is a columnist for Central Europe Review, PopMatters, and eBookWeb , a United Press International (UPI) Senior Business Correspondent, and the editor of mental health and Central East Europe categories in The Open Directory Bellaonline, and Suite101 .
Visit Sam's Web site at http://samvak.tripod.com