Kenneth Arizapa (IX Dalton)

Just War Theory

“Just War Theory claims that war can, under certain conditions, be morally justified”. Aggression is of human
nature and the nature of war itself. Values of civilization and people’s rights pars with agression in times of
war. Pacifism and Realism are two sides arguing morality of war. Pacifism stating wars are never morally
justified and Realism stating moral concepts are not applicable to questions of war. Divided into three parts;
each valuing proportionality between both declaration & force used and the end, where it shall be conserved.
Jus ad bellum – justice of resorting to war. Jus in bello – just conduct in war. Jus post bellum – justice at the
end of war.

Jus Ad Bellum. Bases just in deontological (morality of an action should be based on whether that action itself
is right or wrong under a series of rules): (1) War must be in just cases; defence from aggressive attack,
protection of innocent people from aggressive regimes, punishment to past action – all involves resistance to
aggression (the violation of rights by armed forces), (2) Intention is in just cause; other intentions (e.g.
Material gain) undermines justice of war, (3) Declaration must be public and by proper authority. And
consideration of best consequences: (1 or 4) Declaration must be of last resort, (2 or 5) Declaration is just
when there is a probability of success; violence without gain is unjust, (3 or 6) Proportionality; good that will
be achieved outweighs the evil. End must justify the means. State must into account cost and benefits as well
as everyone affected including enemy casualties.

Jus In Bello. Considers the treatment of the enemy: (1) Weapons prohibited by international law must not be
used, (2) Only combatants shall be targeted (Some philosophers argues targeting combatants is wrong and
only minimum force is legitimate), (3) Armed force must use proportion force, proportion to achieving end, (4)
Prisoners captured ceases to be threat to life, thus, are to be treated rightly, (5) No weapons or means of war
that are “evil themselves” (e.g. mass rape and ethnic cleansing) are permitted, (6) Enemy breaking rules does
not justify one to break the rules as well.

Jus Post Bellum. Values of jus ad bellum and jus in bello forms an outline in jus post bellum: (1) The rights
whose violation justified the war should be secured, (2) Declaration of peace is public and by proper authority,
(3) Proportionality in peace settlements; It should be reasonable, not a form of revenge that may fuel
resentment, (4) Discrimination between combatants including political leaders and non-combatants applies
when seeking punishment. Public, international trials for war crimes should be conducted. Fifth consideration
relates to rehabilitation of the aggressor. Does justice permit state to be disarmed? Allow training in respect of
human rights?

Can there be “Just War”? Another concept is Asymmetry of war, one in which the two sides differ significantly
in military resources or tactics. One state is significantly weaker than the other; or it may involve one side not
being a state; or it may involve tactics of unconventional warfare. At such, exceptions from some of the rules
(like Jus in Bello rule 5) are applied. Realism takes two forms: “Descriptive Realism” – states are not motivated
by justice but national interest. But this is unlikely because individuals of the state are concerned with justice,
and “Prescriptive Realism” – state shall respect conditions by war theory only if in doing so would lead to a
more peaceful world as the best interest of sate. Meanwhile, Pacifism argues that war is never just. Agression
of a state does not need to be resisted by war. A less destructive but effective means are always available. One
more argument by pacifist is that they are too concerned to get their hands clean protecting moral purity in
the world that may make it impossible. “If one accepts war is unjust, then it adopts realism”

Augustine (354-430) provides a foundation for Just War Theory in Western literature. Thomas Aquinas (1225-
1274) used Augustine's reflections into the distinct criteria that remain the basis of Just War Theory as it is
used today. Just War Theory tries to bridge a gap between morality and justice in times of war. Both realism
and pacifism argues morality and what is it for a war to be morally just. Just war Theory weighs good and evil
through proportionality.