In an age of terrorism, guerilla and total warfare
medieval doctrine of Just War needs to be re-defined. Moreover, issues of legitimacy, efficacy and morality should not be confused. Legitimacy is conferred by institutions. Not all morally justified wars are, therefore, automatically legitimate. Frequently
efficient execution of a battle plan involves immoral or even illegal acts.As international law evolves beyond
ancient percepts of sovereignty, it should incorporate new thinking about pre-emptive strikes, human rights violations as casus belli and
role and standing of international organizations, insurgents and liberation movements.
Yet, inevitably, what constitutes "justice" depends heavily on
cultural and societal contexts, narratives, mores, and values of
disputants. Thus, one cannot answer
deceivingly simple question: "Is this war a just war?" - without first asking: "According to whom? In which context? By which criteria? Based on what values? In which period in history and where?"
Being members of Western Civilization, whether by choice or by default, our understanding of what constitutes a just war is crucially founded on our shifting perceptions of
West.
Imagine a village of 220 inhabitants. It has one heavily armed police constable flanked by two lightly equipped assistants. The hamlet is beset by a bunch of ruffians who molest their own families and, at times, violently lash out at their neighbors. These delinquents mock
authorities and ignore their decisions and decrees.
Yet,
village council -
source of legitimacy - refuses to authorize
constable to apprehend
villains and dispose of them, by force of arms if need be. The elders see no imminent or present danger to their charges and are afraid of potential escalation whose evil outcomes could far outweigh anything
felons can achieve.
Incensed by this laxity,
constable - backed only by some of
inhabitants - breaks into
home of one of
more egregious thugs and expels or kills him. He claims to have acted preemptively and in self-defense, as
criminal, long in defiance of
law, was planning to attack its representatives.
Was
constable right in acting
way he did?
On
one hand, he may have saved lives and prevented a conflagration whose consequences no one could predict. On
other hand, by ignoring
edicts of
village council and
expressed will of many of
denizens, he has placed himself above
law, as its absolute interpreter and enforcer.
What is
greater danger? Turning a blind eye to
exploits of outlaws and outcasts, thus rendering them ever more daring and insolent - or acting unilaterally to counter such pariahs, thus undermining
communal legal foundation and, possibly, leading to a chaotic situation of "might is right"? In other words, when ethics and expedience conflict with legality - which should prevail?
Enter
medieval doctrine of "Just War" (justum bellum, or, more precisely jus ad bellum), propounded by Saint Augustine of Hippo (fifth century AD), Saint Thomas Aquinas (1225-1274) in his "Summa Theologicae", Francisco de Vitoria (1548-1617), Francisco Suarez (1548-1617), Hugo Grotius (1583-1645) in his influential tome "Jure Belli ac Pacis" ("On Rights of War and Peace", 1625), Samuel Pufendorf (1632-1704), Christian Wolff (1679-1754), and Emerich de Vattel (1714-1767).
Modern thinkers include Michael Walzer in "Just and Unjust Wars" (1977), Barrie Paskins and Michael Dockrill in "The Ethics of War" (1979), Richard Norman in "Ethics, Killing, and War" (1995), Thomas Nagel in "War and Massacre", and Elizabeth Anscombe in "War and Murder".
According to
Catholic Church's rendition of this theory, set forth by Bishop Wilton D. Gregory of
United States Conference of Catholic Bishops in his Letter to President Bush on Iraq, dated September 13, 2002, going to war is justified if these conditions are met:
"The damage inflicted by
aggressor on
nation or community of nations [is] 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;
use of arms must not produce evils and disorders graver than
evil to be eliminated."
A just war is, therefore, a last resort, all other peaceful conflict resolution options having been exhausted.
The Internet Encyclopedia of Philosophy sums up
doctrine thus:
"The principles of
justice of war are commonly held to be: