“Just War” Doctrine and its Reflections in our Times
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Abstract
The present article discusses a well-known religious philosophical and partially legal doctrine of the “Just war”, developed in the Christian tradition by St. Augustine, St. Tomas Aquinas, Francisco de Vittoria, Francisco Suarez, Hugo Grotius and many other thinkers. The main thesis of the doctrine is that war will be just only if it corresponds to certain criteria, such as autoritas principi (waged by the sovereign), justa causa (on just aim) and with recta intentio (animus) or the aim and will to wage war in order to restore justice and not because of personal hate, revenge, lust for glory, etc. However, the impact of the doctrine was not limited by the Middle Ages and the Christian philosophic discourse.
This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace).
Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine.
This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace).
Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
