24 October 2003

Just war principles

It might be helpful to remind ourselves of the various criteria to be used in evaluating whether or not a given conflict conforms to the principles of just war. These principles are generally divided into ad bellum (whether the war itself is just) and in bello (the just conduct of war) categories. They were developed over many centuries by a number of philosophers and theologians, including Augustine, Thomas Aquinas, Francisco Suarez, and Hugo Grotius. They are accepted by the major branches of Christianity, including Roman Catholic, Lutheran, Anglican and Reformed.

A. Ad bellum principles:

(1) The cause must be justified.

(2) The intention must be right.

(3) The war must be waged by a competent authority.

(4) The war must have a reasonable probability of success.

(5) It must be fought only as a last resort.

B. In bello principles:

1) Non-combatants, neutrals and third parties cannot be harmed.

2) Existing laws and treaties, e.g., the Geneva Convention on the rules of war, must be honoured.

3) The means must be proportionate to the goals.

4) The enemy must know the terms on which peace can be achieved.

5) The goal must be the return of the aggressor to a rightful place among the nations -- not its extermination or subjugation.

It perhaps ought to be emphasized that, in just war theory, the primary agent responsible for determining the justice of a contemplated military action is the duly constituted political authority itself, in much the same way that a judge or jury are responsible to determine the guilt or innocence of a defendant on trial. The role played by individual citizens in either of these is necessarily secondary, in part because of the lack of sufficient information available to those not occupying such authoritative offices. In short, we may come to a preliminary assessment, but of necessity it lacks the certainty we might wish for, as well as an authoritative character.

This is why I myself, in advance of the attack on Iraq, was unwilling to rush to judge whether or not Bush's contemplated action conformed or failed to conform to the ad bellum principles, although I was certainly sceptical about this and remain so. Once the war had started, however, our ability to assess the conduct of the war was somewhat easier (though by no means crystal clear), largely because of the role of the media in disseminating such information to the public.

Given that there have been no "smoking guns" found in Iraq, there is good reason to doubt after the fact that the American-British attack was a just war. On the other hand, given the brutal nature of the Saddam Hussein régime, it is difficult to argue that the Iraqi people would have been better off under his continued rule. Thus there are a number of factors to take into account which further complicate our capacity to assess the recent war from this perspective.

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