The principle of the just-war doctrine states that a war should only occur if there is a valid justification for it and it should be conducted with restraint. This entails using the minimum amount of force required and only when absolutely necessary. The definition of a valid justification varies depending on the prevailing norms of the time and place. Historically, the just-war doctrine has been invoked to justify wars for self-defence, retribution, and religious conflicts. However, the adoption of the U.N. Charter has diminished the legal significance of the concept of a just war, as the Charter only permits the use of force in self-defence.
The just-war doctrine is a principle in international law that stipulates a war must have a morally and legally valid reason and must be carried out with moderation. The cause for the war must be sufficiently justified, and the war should employ only the minimum necessary force. For instance, a war fought in self-defence or to rectify injustices can be deemed justifiable. However, the use of force should be restricted to what is essential for achieving the objective. For example, the United States’ participation in World War II is often cited as an instance of a just war. The country joined the war following Japan’s attack on Pearl Harbor, which was considered a morally and legally valid cause. The war was conducted with restraint, and the US utilised only the necessary amount of force to defeat the Axis powers. The just-war doctrine has been invoked to legitimize wars based on religious differences, seeking retribution for injuries, and punishing wrongdoings. Nevertheless, what is deemed morally or legally valid depends on the prevailing norms of a particular time and place.
The Just-War Doctrine is a set of ethical principles that guide the decision-making process for determining whether a war is morally justifiable. It provides criteria for evaluating the reasons for going to war, the conduct of war, and the post-war reconciliation process.
The main principles of the Just-War Doctrine include the requirement of a just cause, proportionality, right intention, last resort, reasonable chance of success, and the principle of discrimination.
A just cause for going to war typically involves self-defence against an armed attack, protection of innocent lives from aggression, or the defence of basic human rights.
Proportionality means that the anticipated benefits of going to war must outweigh the expected harm caused by the war. The use of force must be proportional to the threat faced and should not cause excessive harm or destruction.
The principle of right intention requires that the primary objective of going to war should be to establish a just and lasting peace, rather than pursuing selfish or unjust motives.
War is considered a last resort when all peaceful means of resolving a conflict have been exhausted or are unlikely to succeed. Diplomatic negotiations and nonviolent methods should be pursued before resorting to armed conflict.
The principle of discrimination requires that combatants distinguish between legitimate military targets and non-combatants. It prohibits intentionally targeting civilians or using indiscriminate weapons that cause disproportionate harm to civilians.
Preemptive strikes, which involve attacking an enemy before they have attacked, can be justified under the Just-War Doctrine if there is clear and imminent danger of an armed attack and all other peaceful options have been exhausted.
International law provides a framework for evaluating the legality of wars and the conduct of armed conflicts. The Just-War Doctrine incorporates principles from international law to ensure compliance with legal norms.
The determination of whether a war meets the criteria of the Just-War Doctrine is subjective and can vary depending on different interpretations. It is often debated among scholars, theologians, and policymakers, and ultimately, it is up to individuals and governments to make their own assessments.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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