Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser.
2012, Journal of Military Ethics
The law of nations may be deduced, fi rst, from the general principles of right and justice applied to the concerns of individuals, and thence to the relations and duties of nations. Justice Story 2 In the last chapter, we discussed jus ad bellum under the national defense paradigm, according to which only defensive war is justifi ed. Given the priority principle, which is part of this idea of just cause, the fi rst use of force is never justifi ed. 3 This understanding of just cause is different from that during much of the history of the just war tradition. In particular, the just war paradigm, which characterized the tradition through the seventeenth century, did not accept the priority principle, and aggression was not the only wrong that could justify war. In this chapter, we continue our discussion of jus ad bellum by examining whether there is a need to revise our account of just cause in ways more consonant with the just war paradigm. In recent decades, a number of wars have been justifi ed on humanitarian grounds. A humanitarian intervention is a war launched to rescue persons in another state suffering under a grave humanitarian crisis, such as genocide, mass enslavement, starvation, or ethnic cleansing, usually at the hands of their own government. Among the recent interventions 4 Sovereignty and human rights
Throughout recorded history, war has been a part of human life. Sometimes war is waged for survival, sometimes it is waged in order to protect self-interests, and sometimes it is waged in order to extend those interests. According to the relatively new concept of humanitarian intervention, military force can be used for humanitarian purposes, in order to prevent human rights violations. However, any conflict or war has losses, materially and morally. On this account, it can be said that just war theory has been developed in order to prevent a huge amount of losses and in order to ensure that war is only waged when it can be justified. The roots of just war theory and humanitarian intervention can be found within the major religions. Christianity and Islam in particular put forward several arguments opposing wanton war and aiming to terminate mass killing. Furthermore, different civilisations employ different methods during war. For instance, from the early ages, war has intrinsically involved developing ethical attitudes towards the enemy, such as the immunity of women and children. Even when such methods and precautions apply to war, can war ever be ethical? Even when going to war is appropriate according to the principles of just war theory, can war be ethical? In order to save another person " s life, can killing people be ethical? As long as military force is one of the effective tools of state policies, can war be ethical? In order to bring democracy to undemocratic states, can democratic states resort to war? This essay will seek answers to all these questions. In doing so, it will try to explain just war theory and humanitarian intervention and will try to give examples of just or unjust wars and interventions. SAVAŞLAR AHLAKİ OLABİLİR Mİ? HAKLI SAVAŞ VE İNSANİ MÜDAHALE KONSEPTİ PERSPEKTİFLERİ Öz: Tarih boyunca savaş kavramı insan yaşamının bir parçası olmuştur. Savaş bazen hayatta kalmak için bazen çıkarların korunması için ve bazen de daha fazla çıkar elde etmek için kullanılmıştır. Göreceli olarak yeni olan insani müdahale konseptine göre askeri güç insan haklarının korunması amacıyla insanlık için de kullanılır. Fakat her çatışma veya savaşın maddi ve manevi
Law, Culture and the Humanities, 2006
The history of mankind is beleaguered with periodic wars between nations and groups that resulted in massive devastation of human lives, property, environment and civilizations. The Second World War, for one, was the most destructive war ever recorded. In its aftermath, many scholarly thinkers and leaders began intense debate on the 'legal and moral' justifications of war, its prevention and the promotion of the just-war theory as an essential norm that regulates conflicts between modern states and other international actors. The theory is based on the spirit of righteousness of conduct, responsibility, proportionality of actions and the active promotion of peacemaking among groups in conflict. The main argument of this paper is whether the concept of 'just war' is feasible to provide an ethical and legal framework to understand the relationships between humans, groups and states in managing conflicts. To discuss the main argument, the article is divided into three sections. The first section delves into the ethical and legal debate over what constitutes a just war, especially drawing from duty-based and utilitarianism perspectives. The second part examines the interactions between humans (as subjects) and states (as authority), particularly concerning the perceived centrality of the state. The third part examines how the just-war theory is adapted and manifested in the globalized and interdependent world.
Equinox Journal of Economics, Business and Political Studies, 2023
The study indicates wartime "programmed" violence's implications within the liberal interpretation of contemporary legislative and human rights debates. It discusses related war theories and practices, the problematizing instrumentalization of instilling new global ethics, arguing that humanitarian interventions often became "usable" in the new millennium's geopolitics; wars fatally affect the innocent. It points out that the origins of democracy are structurally violent and that the threat of terrorism, in addition to revealing new forms of "democratic violence," is having a transformative effect on the very character of democracy. How does the concept of cause agree with armed humanitarian intervention, and do we have the right to impose democracy by force? Whether the theory of just war in its positivist-legalist paradigm that combines universalist principles with utilitarian harm-weighing versus profit can offer a comprehensive method of morally contemplating wars and conflicts worldwide. The distinction between liberal cosmopolitan arguments and social democratic ones is apparent. The arbitrariness and the imposition of individual states' views create issues, leading to fragility (human security, socioeconomics, economic development, health). The compulsory international focus and responsibility should incorporate critical medical (children)-"the right to health" and humanitarian goods. Implementing rules to control war's destructiveness is less effective in intercultural conflicts. The doctrine of "just war" application is questionable, and no new victim should suffer even when the goal of the intervention is entirely legitimate and "humane." It cannot be just that it will exempt intervention forces from applying international humanitarian law, nor does the legitimacy of the intervention exempt them from respect for international humanitarian law. The international law concept has evolved from an instrument of promoting peace to an agent of the violent argument of force realization. Ethics is often imposed as politics; human rights ethics transformed into war ethics, leading to human rights violations and civilian casualties. War justice and the moral paradigm within globalization's contemporary forms are questioned. A broader discussion of the assumptions of the universality of Western values that have driven international law for centuries is required. Keywords: War Governing, War legislation, Liberalism, Ethics, Violence, Civilians, Humanitarian intervention, Human rights, Human security
Philosophy Compass, 2012
This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently of each other.
International Studies Perspectives, 2006
What happens following a war is important to the moral judgments we make concerning warfare, just as the intentions going in and the means used are. There has, however, been inadequate attention paid to considerations of jus post bellum in the just war tradition. This essay seeks to contribute to recent efforts to develop jus post bellum principles by first noting some of the ways that jus ad bellum and jus in bello considerations serve to constrain what can legitimately be done after war. We argue, however, that the constraints grounded in traditional just war theory do not offer sufficient guidance for judging postwar behavior and that principles grounded in the concept of human rights are needed to complete our understanding of what constitutes a just war. A just peace exists when the human rights of those involved in the war, on both sides, are more secure than they were before the war.
Journal of Applied Philosophy, 2006
The ethics of war, as a sub-field of moral philosophy, is currently experiencing a remarkable period of development. There are obvious reasons for this: the last decade and a half have brought tremendous change in the character of war and international politics. All of these changes have significant implications for the ethics of war.
Human Rights & Human Welfare, 2003
Ethical Theory and Moral Practice, 2015
This Chapter demonstrates that religious humanitarianism of the Middle Ages advanced a view of justice which was an integral part of the feudal order, characterised by surplus extraction based on relations of personal/juridical dependence and carried out by means of political/military coercion.With the development of capitalism a totally different social setting emerges and with it the nature of Just War Theory is gradually fundamentally transformed.
Philosophy Compass, 2012
Abstract This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Suárez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence ...
Choice Reviews Online, 2003
International Encyclopaedia of Ethics, 2013
Much work in the ethics of war is structured around the distinction between jus ad bellum and jus in bello. This distinction has two key roles. It distinguishes two evaluative objects— the war 'as a whole', and the conduct of combatants during the war—and identifies different moral principles as relevant to each. I argue that we should be sceptical of this framework. I suggest that a single set of principles determines the justness of actions that cause nonconsensual harm. If so, there are no distinctive ad bellum or in bello principles. I also reject the view that whilst the justness of, for example, ad bellum proportionality rests on all the goods and harms produced by the war, the justness of combatants' conduct in war is determined by a comparatively limited set of goods and harms in a way that supports the ad bellum–in bello distinction.
Critical Studies on Security
War ethics might sound as impossible combination of words-how justify what seems to be unjustifiable? War is prima facie unjustifiable. However, wars are a fact of human reality, and those among us who are unfortunate to live in times of war-in a way it is all of uswould know that the reality is not just a possibility, that prima facie designation does not help in answering what must be done, that unjustifiability does not imply impossibility. We must understand to be able to explain, and to explain to have a valid evaluation, especially when what is happening is important and with far-reaching consequences. Wars are such phenomena. We live amid such phenomena, and we need to understand not only their tragic and often cataclysmic nature, but also their meaning, their structure and logic of their functioning. We should understand that war is not something that happens only to others, nor that it is the matter of the past. In the present volume we have thirty-three essays examining war from many angles, sometimes from the opposite standpoints, exploring some of the most intriguing issues of warfare in times characterized by radical changes in the world in turmoil. The contributions in present volume give an overview of the world's thinking about war. The volume is certainly incomplete and unfinished, but it gives a lot of thought-provoking incentives to think about the most important aspects of warfare and its broad phenomenology.
Blackwell Pub. eBooks, 2006
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.