Today, just war theory is divided into three categories, each with its own set of ethical principles. The proportionality in the use of force was excessive for both america and japan, as both countries disregarded the jus in bello principle of matching force for force. The principles of the just war doctrine and the invasion. In determining whether a particular resort to war is just, national leaders must consider the proportionality of the conflict, i. Jun 23, 2016 on saturday, i had the honor of speaking to the medecins sans frontieres msf usa general assembly. The just war theory forum is connected to interquest. The law of war rests on five fundamental principles that are inherent to all targeting decisions. The principle of proportionality that penalties be proportionate in their severity to the gravity of the defendants criminal conductseems to be a basic requirement of fairness. In this issue i will summarily state the principles of just war theory and provide biblical references backing. Despite its preeminent position in the just war tradition, the concept of proportionality is not well understood by military leaders. Indeed, he uses this classic theory to expose contemporary misunderstandings of just war. An open invitation to web discussions on the conditions of just war theory is extended to all. Just and unjust wars, which is widely regarded as the formative work of contemporary just war theory, reveals both of these patterns and sets the tone for subsequent research. To what extent are the american publics views on the use of force consistent with just war doctrines principles of proportionality and distinction.
For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. A military advantage cannot inherit moral value from a war aim that has no. Just wars are supposed to be proportional responses to aggression. Revolution and civil war just war theory states that a just war must have just authority. Jus post bellum, just peace, just war theory, human rights the just war tradition is based on the paradox that killing may be necessary to save. Drawing on an original survey experiment conducted on a representative sample of american citizens, we find that americans broadly accept the ethical principle of proportionality.
It is thus about a moral reflection on the goals and the means of the war starting. Sep 18, 2008 it is therefore argued that the proportionality principle is inapplicable prospectively. This is a body of thought that seeks to provide guidelines for when it is justified for one nation to wage war on another. Maiese suggests that, the injury caused should be proportional to the objective desired, andthe extent and violence of warfare must be tempered to minimize. The principle of proportionality is the idea that an action should not be more severe. Proportionality definition and meaning collins english. Under that principle, deliberately killing an innocent person is never justified, but a course of action that has as a foreseen consequence the death of one or more innocent persons is justified if the loss of innocent life is an unintended. While rights and wrongs exist on both sides of a conflict, the injustice suffered by one party must significantly outweigh that suffered by the other in order to override the presumption against the use of force. An attack cannot be launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in. Proportionality, principle of it is a common sense axiom that there should be a reasonable balance between human activity and its consequences. Sep 18, 2008 proportionality, just war theory and weapons innovation proportionality, just war theory and weapons innovation forge, john 20080918 00.
International law constrains both the resort to military force and the conduct of hostilities. Just war theory is an ethical framework used to determine when it is permissible to go to war. In traditional just war theory, the principle of double effect plays a key role in providing a potential justification for killing innocent bystanders. Further, a just war can only be fought with right intentions. Augustine is noted in history as the founder of just war theory in the western tradition the islamic world has its own tradition of just war theory based on the koran. Assassination would apparently clear the two hurdles of discrimination and proportionality, yet the intrinsicist wing of just war theorists would reasonably claim that underhand and covert operations, including assassination, should not form a part of war on grounds that they act to undermine the respect due ones enemy not matter how cruel he or she is as well as the moral integrity of the assassin.
The proportionality principle in the humanitarian law of. This proportionality principle raises a corresponding interpretation problem. Under just war theories proportionality has long been regarded as one of the elements for determining whether resort to war is justified. Necessity and proportionality in international law chapter. Discriminationthe combatants discriminate between combatants and noncombatants. The work first examines the general notion of proportionality in defensive harming. The principle of proportionality prohibits attacks against military objectives which are expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. Just war theory the first criterion of just military action is called jus ad bellum, and it takes place during the decisionmaking process and before the armed conflict itself. It requires that, before engaging in war or the use of force, we consider the likely costs and benefits of doing so, as opposed to choosing alternative courses of action or no action. Below is a study of the biblical principles of just war. Just war theory internet encyclopedia of philosophy. In the second section we show how a revised understanding of necessity fits into the kind of considerations that are involved in the principle of humanitarian treatment. Nonetheless, even if such a preventive war would satisfy the just cause principle, it would not be a just war if it did not also satisfy the other just war principles.
Latin for right to war is a set of criteria that are to be consulted before engaging in war in order to determine whether entering into war is permissible, that is, whether it is a just war. The author believes that the most plausible justification for weapons design amounts to the claim that it is needed for the prosecution of a just war. Proportionality the proportionality of the use of force in a war. This principle is also known as the principle of macroproportionality, so as to distinguish it from the jus in bello principle of proportionality. To the extent that this is interpreted as a legitimate government, this leaves little room for revolutionary war or civil war, in which an illegitimate entity may declare war for reasons that fit the remaining criteria of just war theory. However, just war theory also acts to remind contenders that war is a last resort and that its essential aim is always peace, so if peace is forthcoming in any guise, it is morally critical for all parties to seek a return to a permanent peace rather than a momentary lapse of war. A just war can only be fought to redress a wrong suffered. Proportionality, just war theory and weapons innovation. A just peace exists when the human rights of those involved in the war, on both sides, are more secure than they were before the war. The principle of proportionality prohibits attacks against military objectives which are expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage. In it, michal walzer condemns siege warfare that is directed at punishing civilians or causing civilian suffering with the goal of forcing enemies to surrender. There is already an emphasis on both these questions in cicero on the commonwealth iii.
Liberating just war theory from double effect oxford. Some replies to the argument are discussed and rejected. In preparing for my talk last week, i came across a section of the us defense department law of war manual section 7. The first is from an encyclopedia of war and ethics and the second is an online source from the stanford encyclopedia of philosophy. In other words, the principle of proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought. Proportionality, just war theory and weapons innovation proportionality, just war theory and weapons innovation forge, john 20080918 00. Sep 22, 2016 jus in bello 2 proportionality just war conduct should be governed by the principle of proportionality combatants must make sure that the harm caused to civilians or civilian property is not excessive in relation to the concrete and direct military advantage anticipated by an attack on a legitimate military objective 19. The principle of proportionality and the concept of margin of. A military advantage cannot inherit moral value from a war aim that has no moral value to pass on, and a military advantage. The theory of the just war deals with the justification of the war jus ad bellum and how it must be fought jus in bello to respect the moral principles which govern our individual or collective actions. The inherent right to self defence and proportionality in. A just cause is the most important condition for a just war.
Traditionally, penal philosophy has included a utilitarian tradition dating from bentham, which disregarded proportionality concerns, and a retributive tradition dating from kant, which did not supply a. Once war has begun, just war theory also directs how combatants are to act. Proportionality has been described as meaning, in plain english, you must not use a steam hammer to crack a nut, if a nutcracker would do. Proportionality just war conduct should be governed by the principle of proportionality. Nuclear weapons seem to violate the just war principle of proportionality. The theory of the just war deals with the justifica tion of the war jus ad bellum and how it must be fought jus in bello to r espect the moral principle s which govern our individual or. The degree of allowable force used in the war must be measured against the force required to correct the just cause and limited by just intention see jus ad bellum. For a discussion of the relationship between the normative propositions of conventional just war theory and international law, see morkevicius, valerie, looking inward together.
Proportionality, just war theory, and weapons design. He said there was a need for proportionality in sentencing. Preventive wars, just war principles, and the united nations. Jus in bello 2 proportionality just war conduct should be governed by the principle of proportionality combatants must make sure that the harm caused to civilians or civilian property is not excessive in relation to the concrete and direct military advantage anticipated by an attack on a legitimate military objective 19. It then explores proportionality in the resort to war and explains why the traditional theory of just war claims that proportionality in individual acts of war must be different. In both contexts, principles of necessity and proportionality limit the lawful use of lethal violence. Pdf proportionality, just war theory and weapons innovation. The principle of proportionality international humanitarian law mooc. Some more general defences of the proportionality principle are considered and also rejected.
The code of hammurabi, a babylonian law code dating from about 1722 bc, incorporated the principle of an eye for an eye, and a tooth for a tooth. Just as jus ad bellum proportionality justifies civilian losses inflicted. The history of the general principle of proportionality. The third proportionality principle concerning jus post bellum involves the conditions necessary for rebuilding.
This principle is also known as the principle of macro proportionality, so as to distinguish it from the jus in bello principle of proportionality. Innocent, nonmilitary people should never be made the target of attacks. Especially discussion concerning the united states policy towards iraq. Proportionality, just war theory and weapons innovation article pdf available in science and engineering ethics 151. In my last noneschatology blog article i opened the question of just war theory. To make this argument, i defend the view that rather than focusing on whether individuals in. Just war theory principles part 2 postmillennial worldview. The principle of proportionality is the idea that an action should not be more severe than is necessary, especially in a war or when punishing someone for a crime. Finally, the significance of the argument for just war theory as a whole is discussed.
The principles of the just war doctrine and the invasion of iraq. Jul 18, 20 from the start just war theorists have been occupied with two central questions. Proportionality is a general principle in criminal law used to convey the idea that the severity of the punishment of an offender should fit the seriousness of the crime. Especially lacking is a realization that there are four distinct types of proportionality. In determining whether a particular resort to war is just, national leaders must consider. Based on that analysis, the chapter concludes that the principle of. The purpose of the doctrine is to ensure war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just.
What does the proportionality principle in the jus ad bellum part of the just war theory require. After addressing the threshold question of when the proportionality principle is applicable, the note will discuss the means by which the proportionality principle can be incor. The theory s roots in ciceros stoic universalism, however, permitted the renaissance thinker, hugo grotius to purge it of this christian bias and, phrase it in a more inclusive way, enabling him to incorporate many of its principles into international law grotius 2001. Jus post bellum, just peace, just war theory, human rights. The positive answers to the first set of questions, the war decision questions, create the moral framework for addressing the two great war conduct issues. Jus post bellum proportionality and the fog of war european. In roman catholic moral theology, the principle of proportionality states that the moral rectitude of an action is a function of the preponderance of human value over disvalue that results through the action.
This chapter scrutinises just war theory generally, and later chapters concentrate specifically on the core just war principles of just cause, last resort, proportionality and noncombatant immunity. Occasionally, skeptics of just war theory will also, for satirical effect, cite instances from the classical literature of causes for war that are now rejected but were once widely accepted as just, such as the punishment of wrongdoing and the spread of the christian religion. With the aim of illustrating the above questions with a challenging issue, i shall be especially concerned with the more specific question. The first section examines how jus in bello necessity was understood in the work of the sixteenth and seventeenth century philosophers. The general principle of proportionality represents a key aspect of contemporary legal thought which unites both positive and natural law. The just war theory forum is an open resource for everyone concerned with issues of war, peace, justice, and reason. The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method to assist in discerning the correct balance. In this chapter, the author explores the requirement of proportionality in the killing of civilians in war. Consensus is that physical force is wrong and so may justly be resisted. As a consequence, just war theory would be more just without last resort. The theory of proportionality is traced to aristotle, and the practice of proportionality jurisprudence, developed over several centuries as an historical evolution refining and modifying aristotles original theory along the way. It originated with catholic moral theologians like augustine of hippo and thomas aquinas, though it has had a variety of different forms over time.