| |
| |
|
Politics Information |
|
|
|
Just War
In an age of terrorism, guerilla and total warfare the 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 the efficient execution of a battle plan involves immoral or even illegal acts. As international law evolves beyond the ancient percepts of sovereignty, it should incorporate new thinking about pre-emptive strikes, human rights violations as casus belli and the role and standing of international organizations, insurgents and liberation movements. Yet, inevitably, what constitutes "justice" depends heavily on the cultural and societal contexts, narratives, mores, and values of the disputants. Thus, one cannot answer the 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 the 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 the authorities and ignore their decisions and decrees. Yet, the village council - the source of legitimacy - refuses to authorize the constable to apprehend the 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 the felons can achieve. Incensed by this laxity, the constable - backed only by some of the inhabitants - breaks into the home of one of the more egregious thugs and expels or kills him. He claims to have acted preemptively and in self-defense, as the criminal, long in defiance of the law, was planning to attack its representatives. Was the constable right in acting the way he did? On the one hand, he may have saved lives and prevented a conflagration whose consequences no one could predict. On the other hand, by ignoring the edicts of the village council and the expressed will of many of the denizens, he has placed himself above the law, as its absolute interpreter and enforcer. What is the greater danger? Turning a blind eye to the exploits of outlaws and outcasts, thus rendering them ever more daring and insolent - or acting unilaterally to counter such pariahs, thus undermining the 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 the 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 the Catholic Church's rendition of this theory, set forth by Bishop Wilton D. Gregory of the 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 the aggressor on the 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; the use of arms must not produce evils and disorders graver than the 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 the doctrine thus: "The principles of the justice of war are commonly held to be: Having just cause (especially and, according to the 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 the means used." Yet, the evolution of warfare - the invention of nuclear weapons, the propagation of total war, the ubiquity of guerrilla and national liberation movements, the 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 the declaring authority is a lawfully and democratically elected government. That the declaration of war reflects the 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 the outcomes of war are preferable to the outcomes of the preservation of peace. Still, the doctrine of just war, conceived in Europe in eras past, is fraying at the 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 the same conceptual framework. Norms are vague and debatable while customary law is only partially subsumed in the tradition (i.e., in treaties, conventions and other instruments, as well in the 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 the 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 the attacked state ("regime change"); Restore public order in the attacked state; Prevent human rights violations or crimes against humanity or violations of international law by the attacked state; Keep the peace ("peacekeeping operations") and enforce compliance with international or bilateral treaties between the aggressor and the attacked state or the attacked state and a third party; Suppress armed infiltration, indirect aggression, or civil strife aided and abetted by the attacked state; Honor one's obligations to frameworks and treaties of collective self-defense; Protect one's citizens or the citizens of a third party inside the attacked state; Protect one's property or assets owned by a third party inside the attacked state; Respond to an invitation by the authorities of the attacked state - and with their expressed consent - to militarily intervene within the territory of the attacked state; React to offenses against the nation's honor or its economy. Unless these issues are resolved and codified, the entire edifice of international law - and, more specifically, the 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 the Middle East), weapons of mass destruction (Iraq, India, Israel, Pakistan, North Korea), and tyranny (in dozens of members of the United Nations). This feebleness inevitably led to the resurgence of "might is right" unilateralism, as practiced, for instance, by the 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 the prevailing consensual order. In a unipolar world, reliant on a single superpower for its security, the abrogation of the rules of the game could lead to chaotic and lethal anarchy with a multitude of "rebellions" against the emergent American Empire. International law - the formalism of "natural law" - is only one of many competing universalist and missionary value systems. Militant Islam is another. The West must adopt the former to counter the latter. About The Author 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 . Until recently, he served as the Economic Advisor to the Government of Macedonia. Visit Sam's Web site at http://samvak.tripod.com
MORE RESOURCES:
Politics - Google News |
|
|
|
RELATED ARTICLES
Enlightenment Experiments Pierre Dupont de Nemours:After arranging the Armistice that ended or settled outstanding issues after the Revolutionary War Pierre Dupont de Nemours came to join the Royals including the Hapsburgs who were living near Jefferson and other esoteric Merovingians in and around Delaware. He and his family became important armaments manufacturers and it is reasonable to remember what Eisenhower said in his Military-Industrial Complex speech. The Economic Giant-- A Closer Look at China IT'S NO LONGER NEWS THAT CHINA IS BECOMING A MAJOR player on the world economic scene. Yet, as we've noted in past editions, investing in China is fraught with uncertainty, due to a still un-free political situation, and insecure property rights. North Korea and Diplomatic Solutions; Random Thoughts Part I You know now that North Korea is backing down on their nuclear ambitions we seem to have a problem with the 8 nuclear weapons already created that no one wishes to address. In studying the reports and having thoughts on this matter; it seems we might still end up in a war over these issues. Dafur Emergency: A Challenge To Civilisation With pain rocking through my whole body today, I cast a bitter glance back at what I called, the 'tragedy of Dafur' and decided to settle accounts with my fellow Africans on this matter.President Omar el-Bashir has twisted history, invented a distortion in African lexicon and rammed it through our throats. Stopping a Nuclear Bomb on a Hydrofoil The US Homeland Security is worried about Hydrofoil or Skimmer Craft used as fast moving bombs on water entering one of our ports or Naval shipyards. If you will remember the XXX" Movie with the Hydrofoil Craft with a Biological Weapon which would kill millions of people if it released it's gaseous cargo. Socialist Public Schools In America Many parents might think it a bit farfetched to compare our public schools to schools in socialist or communist countries. However, if we look closer, we will see striking similarities between the two systems. An Environmental Voting Guide for US State Elections In these times when states are suffering extreme downward pressure on budgets and spending, how is our environment making out? Did it suffer cuts right along with the Program to Assist Millionaires Become Billionaires? Are important environmental projects being dropped from the budget along with luxury items like the statehouse's new Gold-Plated Enforcement Gavel?And why is the issue of environmental protection relevant at the state level? Doesn't the US Environmental Protection Agency handle all that stuff? This article answers these questions and provides smart-voting tools for you to help ensure your surroundings remain green and healthful.ENVIRONMENTAL ACTION AT THE STATE LEVELWhile the US Environmental Protection Agency garners much of the media attention when it comes to environmental enforcement, it is actually the states that are carrying most of the load:75% of the federal programs that can be delegated to states have been delegated;90% of environmental enforcement actions are taken by the states;94% of the data in EPA databases came from the states. World Moving from Socialism to Capitalism The recent Jakarta summit of Asia and Africa brought remembrance of Jawaharlal Nerhru. At Bandung, Nehru had initiated the non - alignment movement and proclaiming the resistance to the big powers for exploiting the underdeveloped countries for the economic benefits. When Will America Wake Up? In order to win the presidency in America, candidates must stir up the religious fervor of the voters (gay marriage/civil union) and then vocally (and in some cases visually) wear your (new) Evangelical beliefs on your sleeve. It used to be candidate vs. Super Voting Ink and Vaccines In the future when we decide to help nations vote and enter their new freedom of democracy at a time when we have significant resistance in the form of a guerilla contingency or insurgency we should specially modify the ink die to prove a vote was cast to identify the good citizens.By mixing a specific chemical which is safe biologically, but shows up under UV light, we can tell when they approach a check point at night if they are the good guys or bad guys. Asking For Proof in the Economic Pudding There are no stupid questions, only stupid people. Ask an economist for proof of one of their pet theories and you'll find quickly that the age old axiom that we all learned in school and work place training seminars is dead wrong. Quick Thought on The Flow of Fuel and Costs Without the flow of fuel our very mobile society comes to a complete stand still. When the supplies get low and the free-markets dictate higher prices; every one of us feels the pain in some way. Sodomy Sodomy is against the law, yet goes on every day across our nation. The vice of buggery is so pervasive in certain regions of our country that even heterosexuals in our population are a risk of contracting AIDS. Tax Attorney in Oregon or Washington; Does Your Small Business Have One? Tax Evasion has been used to criminalize many, Nixon did use the IRS to attack political opponents and to discredit them. Well here is one politician who is attacking the LOCAL small businesses who supposedly are evading taxes? Are they? Or is the miss management of the city coming to light and the politicians are looking for a scapegoat?http://www. We Are Turning a Corner in Foreign Relations, Thanks GW Bush! Kudos goes out to the George Walker Bush's Administration and long-term strategy in the world to take the high road in our foreign relations policy. Today we see relief donations coming in from around the world, why? Well because despite what you read in the newspapers about our Middle East efforts, it shows that we, America, is seen as a country with the right attitude and vision. Medicade Scam; Worse than You Think You are not going to believe what is going on in North Western Michigan; Check this scam out, typical health care fraud. There is a $3000 allowance per month if your child is on medicade because the parent is poor. Sarbanes-Oxley Reality Check on Bureaucracy There is no doubt in hindsight that Sarbanes Oxley was a mistake as we watch the blob of bureaucracy move into the private sector. There is no doubt that Sarbanes Oxley's real costs have been passed onto the consumer and citizen like a giant tax increase of Boston Tea proportions. Are Illegal Mexicans Really Bad for America? I've been thinking again. I know some of my readers regard that as a dangerous thing. Army recovers terrorists' bodies from avalanche-hit areas in South Kashmir As the death toll in the avalanche-hit Jammu and Kashmir is increasing day by day, the security forces have recovered the bodies of few terrorists who had taken shelter in the foothills of Pir Panjal mountain ranges to escape the clutches of security forces. Little did these terrorists know that they wouldn't be able to escape Nature's fury even if they hide from the army. Government is a Franchise System; just not a very good one Few understand the Franchising Format and even fewer have correlated that to our modern government structure. The United States Government is set up much like a franchising system.
|
| home | site map |
| © 2006 |
