Definition: A justifiable war is one that is deemed morally and legally correct by its supporters, typically involving a conflict against a tyrannical and hostile government. Previously, certain priests were required to validate the presence of a just cause before a war could be initiated. Religious scholars engaged in discussions regarding the conditions that rendered a war justifiable. However, the United Nations Charter’s implementation has diminished the legal importance of a justifiable war. The Charter strictly prohibits the use of force, except in cases of self-defence.
A justifiable war, also known as bellum justum, is a war that is considered morally and legally justified. This type of war is often waged against an aggressive, totalitarian regime. For example, the United States’ involvement in World War II is seen as a justifiable war because it was fought against the aggressive actions of Nazi Germany and Imperial Japan. Throughout history, theologians and jurists have debated the concept of a just war. 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. Some medieval theologian-jurists supported the idea of a just war against non-Catholics. However, with the adoption of the United Nations Charter, the concept of a justifiable war has lost its legal significance. The Charter prohibits the use of force except in self-defence.
A justifiable war is a conflict that is deemed morally and legally acceptable, typically involving self-defence or the protection of innocent lives.
Legal grounds for justifiable war include self-defence against an armed attack, collective defence under a mutual defence treaty, or authorization by the United Nations Security Council.
No, under international law, a country cannot declare war without justifiable grounds. Unjustifiable wars are considered acts of aggression and are prohibited by the United Nations Charter.
The determination of whether a war is justifiable is often subjective and can vary depending on the perspective. However, international bodies such as the United Nations and regional organisations play a significant role in assessing the justifiability of a war.
Yes, individuals can be held accountable for participating in an unjustifiable war. This can include military personnel, political leaders, or individuals involved in planning or executing the war. War crimes tribunals and international courts are responsible for prosecuting such individuals.
Engaging in an unjustifiable war can have severe legal consequences. It can lead to international condemnation, economic sanctions, and even military intervention by other countries. Additionally, individuals responsible for initiating or participating in an unjustifiable war may face criminal charges.
While there is no specific mechanism for suing a country for engaging in an unjustifiable war, international law allows for legal actions against states that commit war crimes or violate human rights during a conflict. This can include seeking reparations or compensation for the victims of the war.
In certain circumstances, a justifiable war may involve actions that technically violate international law. However, if the war is deemed necessary and proportionate to protect innocent lives or defend against aggression, it may be considered justifiable despite these violations.
Under certain conditions, a country may engage in a preemptive war if there is clear and imminent danger of an armed attack. However, the preemptive action must be necessary, proportionate, and based on credible intelligence to be considered justifiable.
The concept of justifiable war does not condone intentional harm to civilians. However, in the course of armed conflict, civilian casualties can occur despite efforts to minimize them. The key factor in determining the justifiability of a war is whether the harm caused to civilians is proportionate to the military objective and if all feasible precautions were taken to protect civilian lives.
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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