The term “Just War” refers to a war fought with a noble purpose, such as protecting oneself or others from harm, and is carried out in a just and ethical manner. It is also referred to as “Bellum Justum” in Latin.
Just war, also known as bellum justum, is a concept in international law and ethics that establishes the criteria for determining whether a war is just or morally acceptable. A just war is characterized by a righteous cause, proper intention, use as a last resort, proportionality, and a reasonable chance of success. The fight of the Allied Powers against Nazi Germany in World War II is often regarded as a just war. The Allies fought to halt the genocide of millions of Jews and other minorities, as well as to prevent the spread of fascism and totalitarianism. On the other hand, the United States’ invasion of Iraq in 2003 is a contentious example of a war that many argue was unjust. The invasion was based on flawed intelligence and resulted in the loss of hundreds of thousands of civilian lives. These instances highlight the significance of evaluating the justness of a war before engaging in it. A war fought for a righteous cause, with proper intention, and as a last resort can be morally acceptable. Conversely, a war fought for unjust reasons or without due consideration of the consequences can have devastating impacts on innocent individuals.
A just war is a theory that outlines the conditions under which a war can be considered morally and legally justified. It involves the use of force in a conflict that meets certain criteria, such as self-defence or protection of innocent lives.
The principles of a just war include just cause, right intention, proportionality, last resort, reasonable chance of success, and discrimination between combatants and non-combatants.
Under certain circumstances, a preemptive strike can be considered a just war if it meets the criteria of a just cause, right intention, and proportionality. However, it is a highly debated topic and subject to interpretation.
Engaging in an unjust war can have legal consequences, such as being held accountable for war crimes or violations of international humanitarian law. Individuals responsible for such actions may be subject to prosecution by international tribunals or domestic courts.
A war can still be considered just if it involves civilian casualties, as long as the principle of proportionality is upheld. This means that the anticipated military advantage must outweigh the harm caused to civilians, and all feasible precautions must be taken to minimize civilian harm.
The United Nations plays a significant role in determining the legality and justifiability of wars. The Security Council has the authority to authorize the use of force in certain situations, and its decisions are based on the principles of the UN Charter and international law.
Individuals can be held accountable for participating in an unjust war if they commit war crimes or violate international humanitarian law. This includes actions such as targeting civilians, torture, or the use of prohibited weapons.
Conscientious objectors, individuals who refuse to participate in a war based on moral or religious beliefs, may be entitled to legal protections. These protections vary by country and can include alternative service options or exemption from military service.
A war fought solely for economic or political reasons is generally not considered just. Just wars are typically based on self-defence, protection of innocent lives, or the restoration of justice, rather than personal or national gain.
International law, including the Geneva Conventions and other treaties, regulates the conduct of war by establishing rules and principles that govern the treatment of prisoners of war, civilians, and the use of certain weapons. Violations of these laws can result in legal consequences for individuals and states.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/just-war/
- Modern Language Association (MLA):Just War. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/just-war/.
- Chicago Manual of Style (CMS):Just War. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/just-war/ (accessed: May 09 2024).
- American Psychological Association (APA):Just War. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/just-war/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts