Bellum Justum, also known as a just war, is a term used in international law to refer to a war that is considered morally and legally justified. This means that the party initiating the war believes they have a valid reason to fight, such as defending themselves against an aggressive enemy. In the past, before a war could be declared, a group of priests had to certify that there was a just cause for the war. However, with the implementation of the United Nations Charter, the concept of a just war has lost its legal importance. The Charter now only permits the use of force in self-defence.
The concept of a just war, which is morally and legally justifiable, involves a war against an aggressive, totalitarian regime. In Roman law, the fetiales, a group of priests, had to certify to the Senate that there was a just cause for war before it could be declared. Medieval theologian-jurists like Thomas Aquinas debated the circumstances that justified war, with some supporting the idea of a just war against non-Catholics. However, the adoption of the U.N. Charter has diminished the legal significance of the concept of bellum justum. The Charter prohibits the use of force except in cases of self-defence. For instance, a war against a country engaged in genocide or invading another country without provocation could be considered a bellum justum. On the other hand, a war for economic gain or territorial expansion would not be considered justifiable. This term holds importance in international law as it establishes guidelines for determining when it is acceptable to engage in war. It underscores the significance of considering the moral and legal implications of using force and encourages countries to seek peaceful resolutions whenever possible.
Bellum Justum, also known as “just war,” is a concept in international law that outlines the conditions under which a war can be considered morally justifiable.
According to Bellum Justum, a war must meet certain criteria, including having a just cause, being declared by a legitimate authority, having a reasonable chance of success, and being conducted with proportionality and discrimination.
No, Bellum Justum requires that a war must have a just cause, such as self-defence or protection of innocent lives. Economic reasons alone do not meet the criteria for a just war.
Preemptive strikes can be considered just under certain circumstances. If there is clear and imminent danger posed by an aggressor, and all other peaceful means have been exhausted, a preemptive strike may be justified.
Bellum Justum traditionally applies to conflicts between states. However, in recent years, there has been debate about whether non-state actors, such as rebel groups or terrorist organisations, can engage in just wars. This remains a complex and evolving area of international law.
Bellum Justum requires that wars be conducted with proportionality and discrimination. While civilian casualties are unfortunate, if the harm caused to civilians is not excessive compared to the military advantage gained, the war may still be considered just.
No, Bellum Justum is closely tied to international law. A war that violates international law, such as by using prohibited weapons or targeting civilians, cannot be considered just.
The determination of whether a war is just or not is subjective and often debated. It is typically made by governments, international organisations, legal scholars, and moral philosophers, taking into account the principles outlined in Bellum Justum.
While there may not be specific legal consequences for waging an unjust war, countries that engage in wars that are widely considered unjust may face diplomatic, economic, and reputational consequences from the international community.
Bellum Justum primarily applies to interstate conflicts. However, its principles have also been applied to civil wars and other types of conflicts, although the application may be more complex and debated in these cases.
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This glossary post was last updated: 17th April 2024.
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