LWSO 3016 Final Exam

Law & War Course Review

Just War

A justification for killing people.

Thomas Aquinas

Italian Dominican priest (1225). An influential philosopher, theologian, and jurist in tradition.

What did Thomas Aquinas produce that was so significant?

A comprehensive synthesis of Christain theology and Aristotelian philosophy that influenced Roman and Catholic doctrine for centuries.

Why was the question of whether or not Christians should go to war so hotly debated? (for \~2000 year)

The taking of human life was so seriously opposed to Gospel values. So, warfare always presented a serious moral dilemma.

The Principles of Just War

1. War must occur for a good and just purpose, not the pursuit of wealth or power
2. Just war must be waged by a property instituted authority (the state)
3. Peace must be a central motive even in the midst of violence

Who developed “Just War Theory” and what did it do?

In the Middle Ages, St. Thomas Aquinas developed it not to justify war, but to limit its scope and methods.

Ius ad Bellum

Just Conditions

Ius in Bello

How to Fight a War Justly

Just Conditions

Ius ad bellum includes:


1. Just cause
2. Right intention
3. Proper authority and public declaration
4. Last resort
5. Probability of success
6. Proportionality

Just Cause

Protection from external attack - based on the right of self-defense and aligns with Article 51 of the UN Charter. + Some argue that humanitarian intervention is also justified because we go to war to save the lives of innocents being attacked by an aggressor.

Article 51 of the UN Charter

“Nothing in the present Charter shall impair the inherent right of individual or collective self-defense id an armed attack occurs against a Member of the UN”

Right Intention

War must be pursued for a just cause. Unacceptable intentions include:


1. Revenge
2. Political expansion
3. Land acquisition

This aligns with Article 2 of the UN Charter

Article 2 of the UN Charter

“All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other matter inconsistent with the purpose of the UN”

Proper Authority and Public Declaration

Wars must be publicly declared and not pursued in secret. Only nations have the authority to declare war.

Last Resort

Other means of achieving the same objectives must be exhausted first (negotiations or economic blockades).

Probability of Success

Only enter into war if there is a chance of success.

Proportionality

The benefits (peace) will outweigh or be proportional to the death, suffering, and destruction caused by the war.

Primary Conditions of Ius in Bello

How to fight a war justly:


1. Innocents should not be harmed
2. Only appropriate force should be used

Modern Warfare Threats to Ius in Bello

1. Modern warfare techniques
2. Bombing of innocents has become unavoidable
3. Spraying of bullets
4. Nuclear weapons and weapons of mass destruction (WMS)
5. Drone warfare
6. Non-state actors (ISIS and Al Qaeda)

Author of “On the Law of War and Peace (De Jure Belli ac Pacis)”

Hugo Grotius in 1625

Hugo Grotius

In 1625, he wrote “On the Law of War and Peace” which explored the basic principles of the humanitarian treatment of victims of war.

Significance of “On the Law of War and Peace”

It explored the basic principles of the humanitarian treatment of victims of war. If civilians were to enjoy any protection, they would need to be clearly distinguishable from the combatants, leading to the development of a professional army wearing a distinctive uniform and taking upon a code of behavior in combat.

In the 20th century, this change occurred

Until this point, there were no limits on states to go to war. War was an integral part of state sovereignty and was to be entered into for political reasons.

The Main IR Effect of Modern Weapons

They cause unnecessary suffering to combatants and progress was made in battlefield medical care. This led to growing awareness that international cooperation was required to protect the wounded and sick.

Declaration of St. Petersburg (1868)

Prohibited the use of explosive projectiles weighing less than 400 grams.

Hague Treaties (1899)

1. Concerning toxic gases
2. Use of expanding bullets

Geneva Protocol (1925)

Prohibited the use in war of poisonous, or other gases, and of bacteriological (biologic) methods of warfare.

Kellogg-Briand Pact (1928)

Renounced war as an instrument of national policy - 63 states are party to this pact.

Geneva Conventions (1929)

Dealt with prisoners of war (for the first time in international law) and the wounded & sick.

Geneva Conventions (1949)

Following WWII - comprehensive treaties and agreements about:


1. Wounded & sick on land
2. Wounded, sick & shipwrecked at sea
3. Prisoners of war (POWs)
4. Civilians

1954 Hague Convention

on the Protection of Cultural Property.

1977 United Nations Convention

on Military or Any Other Hostile Use of Environmental Modification Techniques.

1977 Protocols to the Geneva Conventions of 1949

extended the terms of the conventions to wars of national liberation and civil wars.

Why “War” is a Subjective Term

It gives states the liberty to withhold the term from their military adventures if that is in their interest (e.g., Russia calling its invasion on Ukraine a “special military operation”).

What happened to the term “war” after the UN Charter of 1945’s Article 2(4)?

It prohibited “the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the UN”. **All of the Geneva Conventions also applied to any armed conflicts, whether or not officially called “wars”**.

General Assembly Resolution 3314 (1974)

Article 3 gave defined and gave examples of aggression:


1. Invasion or attack by armed forces of a state
2. Military occupation, bombardment against the territory of another state
3. Blockades of ports of coasts
4. A state allowing its territory to be used for preparing an act of aggression against a third state
5. Sending armed bands, groups, irregular, or mercenaries to carry out acts of armed force against another state

How International Law differs from Others (e.g., Municipal)

International law does not have the attributes of legislature, judiciary, or executive.

Why States Obey International Law

1. Maintain a good reputation
2. Fears retaliatory measures or measures based on reciprocity by a victim state
3. The UN Security Council may take various measures
4. It is bound inter international treaties to accept compulsory jurisdiction
5. It fears public opinion both at home and abroad

World Military Spending in 2010

$1.6 trillion

Top 5 Arms Sellers in the World

1. United States of America (USA)
2. United Kingdom (UK)
3. France
4. Russia
5. China

Military spending is concentrated in North America, Europe, and increasingly Asia

How Increased Spending and the Global Economic Crisis are Linked

The global financial and economic crisis has resulted in many nations cutting back on all sorts of public spending (often targeting sectors unresponsible for the crisis), and yet military spending increases.

Human Cost of War

1. Decreased youth population - young people are forced to fight
2. Increase of refugees and internally displaced people
3. Destruction of private property (homes, shops, etc.)
4. Destruction of public property (infrastructure)
5. Destruction of agriculture (crops, land, and environment)
6. Trade and small business stops
7. Inflation leads to increasing poverty
8. Government spending on social needs stops and starts funding military
9. Difficulty in accessing emergency relief
10. Roads and means of travel become dangerous

Immanuel Kant

Influential German philosopher who wrote “Perpetual Peace” (1795).

Democratic Peace Approach?

Democratic states do not wage war on one another.

Main Idea of Democratic Peace Theory

The need for establishing a peaceful world community. An organization (platform) where states should control conflicts and promote peace among nations - l**iberal institutionalism** (main idea of the UN)

*Liberalism*

States are not the only actors in IR, non-state actors include international organizations, NGOs, international corporations, individuals, terrorist organizations, etc. The international system is community-based (not anarchic) and individuals and states can cooperate. The institutionalization of IR = international organizations/networks of synchronic and systemic communication between states. Institutionalizing means setting well-established rules (e.g., the law of the sea). Economic collaboration among actors of the same geographical region is important.

The Role of International Organizations in IR (*Liberalism*)

They are real actors of IR. They are created by states but are not fully controlled by them. They set rules for the states and create patterns of state behavior, forming the world order.

Benefits of the European Union

Set standers in their close neighborhood, gain access to greater markets, speed up their economic growth, increase their wealth, gain more international influence, fight against threats together (like the refugee crisis, illegal immigration, drug trafficking, international terrorism, and environmental problems), and avoid wars.

*Realist* critiques of *Liberalism*

It is idealistic and naiive. This caused WWII.

*Realism*

States are inherently aggressive and obsessed with security. Why? The structure of the Westphalian order. The international system is anarchic with no central world police so each state must act for itself (based on national interest determined by power). It is human nature to be selfish, conflictual, and competitive. States are status quo-oriented meaning that a balance of power is the only way to avoid wars.

Power

Max Weber defined power as the “ability of an individual or group to achieve their own goals or aims when others are trying to prevent them from realizing them”.

Power (*Realism*)

According to realism, states try to maximize their power.

**Military power is primary** then economic, and size of population, etc.

**Zero-Sum Game**: If one state gains power, another must lose

**Relative Power**: Power in relation to others through arming/arms race

Defensive *Realism*

States maxmize their security.

Offensive *Realism*

States maximize their power.

Self-Help (*Realism*)

In the reality of the dangerous world, states cannot rely on other states or international organizations to guarantee their survival.

Actor Problem

International organizations are instruments of the states and do not act independently.

Realism insists that states remain the primary actors in IR.

Global governance is a phenomenon contingent on power politics.

Karl Marx

German philosopher (1818-1883) who created Marxism/Economic Structuralism.

Economic Structure

The base of society that is the main driving force behind social change, processes and phenomenon.

What History of Human Society is based on according to *Economic Determinism*

Class struggles.

Basis of Capitalism

The exploitation of workers/laborers.

Revolution Significance (*Marxism*)

Worker’s revolution is inevitable due to the class struggle. Revolution is the means of emacipation.

International Relations & *Marxism*

The world is dominated by capitalist classes. Capitalist classes control the means of production and instruments of government (states and their agencies - military, police, courts, etc.). Their interest shape international relations in the world. There is no “national interest”, only “class interest”. The real conflict is between capitalist classes and working class.

*Marxist* critique on *Realism*

There is no such thing as “national interest”, only “class interests”.

Main Actors of IR (*Marxism*)

Economic classes not states.

Main Actors of IR (*Liberalism*)

States and non-state actors.

Main Actors of IR (*Realism*)

Only states.

Immanuel Wallerstein

He created the World Systems Theory.

Base/Basis (*Marxism*) and its role in IR

Base = Economy. Everything in social life is constructed by the economy controlled and shaped by the capitalist classes.

World Systems Theory

Created by Immanuel Wallerstein, this theory explains how the world economy works. World systems are the basic units of IR. They refer to the international division of labor.


1. Core countries
2. Semi periphery
3. Periphery

(Other related terms: developed and developing countries)

In this view, IR is defined by the relations between economically developed countries and less economically developed countries.

Core Countries

1. Higher levels of education
2. Higher salaries
3. Sophisticated technology
4. Effective production
5. Generates more wealth in the world economy

Periphery Countries

1. Lower standards of living
2. Lower education
3. Lower salaries
4. Litte to no technology
5. Lower levels of production
6. Generates less wealth

Semi-Periphery Countries

Both core and periphery processes occur here. They are exploited by the core, and they exploit the periphery.

Dependency Theory

Comes from a critique of liberal interdependency. It focuses on how elites in the center (core countries) interact with elites in the (semi periphery and periphery). Core exploits and depends on the periphery like colonial role (even after decolonization). This criticizes modernization theory that developing societies will have the same linear history approach as now-modern countries have done. The point is to modernize faster and then transfer the aid and technology from the first world to others. This will establish modern state institutions and democratization.

Solution to Dependency Theory

Poor countries should not purchase products from the core countries and only sell their primary products on the world market.

The problem with this is that core counties can keep prices low because of their advanced technology.

New World Order (*Marxism*)

Clash of capitalist system will change the international system.

The Frankfurt School

A Marxist-influenced group of German theorists who worked at the Institute of Social Research (Frankfurt - 1923) and generated Critical Theory.

Critical Theory

Argues:


1. The underlying link between knowledge and politics (theories are embedded in a framework of values and interests)
2. Theorizing is normative (establishing or reproducing the existing order)
3. Theory should not only explain but also take a position
4. Theory should uncover structures of oppression, inequalities, and injustice

Why? To advance collective freedom = emancipatory politics

Theories

* *Liberalism*
* *Realism*
* *Marxism*
* *Feminism*

Others

* World Systems Theory
* Dependency Theory
* Critical Theory
* Social Constructivism (influential contemporary along with three paradigms)

Alexander Wendt

German IR theorist and social constructivist who wrote “Anarchy is What States Make of It”.

Significance of “Anarchy is What States Make of It”

Written by social constructivist, Alexander Wendt: State behavior is determined by how particular states view anarchy (some see it as dangerous, others consider it as a basis for freedom and opportunity). The state’s self-identity, how they view themselves, is important. Anarchy of friends is different than anarchy of enemies.

*Social Constructivism*

1. There is no objective social reality
2. ‘Social reality’ depends on our understanding of it
3. Social world is not something found in nature, it exists inside as a kind of inter-subjective awareness
4. People (individuals or groups) ‘construct’ the world in which they live and act accordingly
5. People’s beliefs and assumptions are significant (especially when widely shared) as they five people a sense of community and identity (with distinctive interests)
6. Social constructivism is an analytical tool for better understanding IR (not a theoretical model, but seeks to explain IR)

*Feminism*

Gender is different from sex. It is socially and culturally constructed (changes according to time and place). Gender includes a power structure given by society in which women are subordinated and exploited.

Ann Tickner

A US academic and analytical feminist.

Empirical *Feminism*

It considers the sexist exclusion of women and women’s issues from conventional analysis. Conventional approaches focus almost exclusively on male-dominated bodies & institutions (governments, states, transnational corporations, etc.). The role of women in international politics has been ignored.

Analytical *Feminism*

Seeks to develop alternative concepts and theories like in the linking power - not to conflict but to collaboration. It states that global politics is based on gender biases and that all other theoretical models are full of them. It criticizes the dominant realist model of “power politics” as masculinist (rivalry, competition, inevitable conflict) and its central assumption of power-seeking autonomous actors as wrong.

War (*Realism*)

A feature of international politics. It stems from the inescapable dynamics of power politics. As states pursue their national interest, they will inevitably come into conflict with one another. The conflict will most always play out in military terms.

Peace (*Realism*)

A balance of power is the only way to avoid war.

How *Realists* decide to go to War

Based on a cost-benefit analysis: States will avoid war if they calculate that their chance of victory is small.

Peace (*Liberalism*)

Peace is the natural state.

War (*Liberalism*)

In the context of anarchy, state egoism will lead to conflict. But international anarchy can be replaced by international law through the construction of international bodies. Wars happen because of economic nationalism (economic self-sufficiency brings states into conflict with one another), so peace can be achieved through free trade and other forms of interdependency (making war too costly).

The Relation between the Constitutional Character of States & War (*Liberalism*)

Non-democratic states tend to be militaristic and expansionist. Democratic states are more peaceful (democratic peace theory).

War (*Marxism*)

Focus on relations between the capitalist system and war (economic advantage).

Peace (*Marxism*)

Socialism is the best guarantee of peace because it means the end of class struggle.

Peace (*Feminism*)

There is an association between women and peace (natural peacefulness of women).

War (*Feminism*)

Wars are fought between males.

When the UN was Established

San Francisco Conference (April-June of 1945).

Number of States that are Members of the UN

193 - it is the only truly global International Organization.

Aims of the UN

1. Safeguarding peace and security
2. Guaranteeing human rights
3. Upholding international law
4. Promoting social progress and better life standards

General Assembly (GA)

1. Main advisory board
2. Consists of all member states (nations) - each member has a single vote
3. Debates international topics
4. Can pass resolutions on any matter (covered by the Charter)
5. Their decisions are not enforceable by international law
6. Has no legislative role
7. Examines and approves the UN budget
8. Cannot monitor the Security Council
9. Elects (with the UNSC) the judges of the International Court of Justice

Security Council (UNSC)

1. Maintaining peace and security
2. UN’s negotiator, observer, peacekeeper, and peace enforcer
3. Consists of 15 members (5 permanent, 10 non-permanent)
4. Has the power to:


1. Pass legally binding resolutions
2. Suspend or expel members
3. Impose economic sanctions
4. Take military action to restore peace and security