Just War lecture notes 12/2/25

Just War Theory Overview

War and Its Justification

  • Combatants vs. Non-Combatants

    • Civilians are often casualties of war, leading to the argument that wars are not justified due to non-combatant deaths and destruction of civilian infrastructure.

    • There is a historical parallel with pacifism; however, modern warfare employs more precise weapons, yet still risks civilian lives.

  • Emergence of Cyber Warfare

    • The advent of the cyber domain introduces a new type of warfare.

    • Potential for targeted strikes against military infrastructure through cyber means, sparking discussions about the acceptability of such warfare within contingent pacifism.

    • Despite the targeting of military systems, cyber warfare can still adversely affect civilian infrastructure, challenging the position of contingent pacifism.

Realism in International Relations

  • Definition and Core Beliefs

    • Realism is an empirical theory aimed at understanding international interactions, positing that countries act primarily out of self-interest.

    • Predicting a nation's actions involves analyzing its collective self-interest.

  • John Mearsheimer and Realism

    • A major proponent of realism, Mearsheimer applies his theory to justify state actions, notably supporting Vladimir Putin's invasion of Ukraine.

    • Asserts that NATO's actions contributed to Russia's aggression, framing the invasion as a defensive response to Western pressures.

  • NATO and the Warsaw Pact

    • NATO formed as a Cold War alliance, where an attack against one member warrants a collective defensive response (Article 5).

    • The Warsaw Pact was the USSR's military alliance, aiming for mutual defense.

    • Post-Cold War NATO expansion raised tensions and resulted in geopolitical conflicts, notably with Ukraine.

Ethical Dimensions of War

  • Collectivist vs. Individualist Approaches

    • Collectivist Approach

    • Advocates for different moral standards governing warfare versus individual conflicts.

    • Claims conduct during war has distinct moral implications based on group actions, allowing for justifiable behavior in the context of military action (e.g., soldiers killing enemy soldiers is permissible).

    • Just War Criteria: Just war must adhere to certain ethical guidelines, including just cause and proportionality.

    • Individualism

    • Holding that the same moral standards apply to individuals and collectives, arguing against justifications for aggression in warfare.

    • Violence is wrong regardless of whether inflicted by individuals or states, conflating military actions with criminal behavior.

Just War Theory Components

  1. Legitimate Authority

    • War must be declared by a recognized head of state to maintain legitimacy.

    • Raises questions about actions by non-state actors like terrorists, complicating just war theory.

  2. Just Cause

    • Self-defense against aggression constitutes a classic just cause; Ukraine as a case for just war against Russian aggression.

    • Preemptive vs. Preventive Attacks:

      • Preemptive attacks: Targeting imminent threats.

      • Preventive attacks: Aimed at averting future threats, often resulting in more destruction.

  3. Last Resort

    • War must only be pursued after exhausting all diplomatic alternatives, although this criterion can be misused through unreasonable demands.

  4. Reasonable Chance of Success

    • Countries should only engage in warfare where there is a reasonable likelihood of achieving objectives and minimizing loss of life.

  5. Proportionality

    • The level of force used must be proportionate to the aggression sustained and not excessive based on the nature of harm caused.

  6. Right Intention

    • The declared intention behind a war must reflect genuine aims, necessitating transparency and honesty in leadership actions.

    • Example: The US invasion of Iraq lacked honesty regarding WMDs and transitioned toward regime change.

  7. Public Declaration

    • War must be publicly declared to allow civilians to take necessary precautions.

  8. Humanitarian Intervention

    • Established in 2005 by the UN sought to protect human rights, allowing intervention to prevent humanitarian crises, although controversial.

Just Conduct in War (Jus in Bello)

  • Rules for Conducting War

    • Military actions must adhere to principles of proportionality, necessity, and discrimination.

    • Civilians must not be targeted, reinforcing the importance of distinguishing between combatants and non-combatants.

    • The Moral Equality of Soldiers means both sides can justly target combatants, though individualists argue based on who initiated aggression.

Just Post-War Conditions (Jus Post Bellum)

  • Evaluation of War Outcomes

    • Assessing whether the war achieved its intended goals establishes its legitimacy.

    • Treatment of enemy soldiers and reparations should be fair; vengeful or excessive demands can foster future conflicts.

    • Example of reparations causing resentment post-World War I led to World War II.

    • The Marshall Plan as a case study presenting a constructive post-war strategy aimed at rehabilitation rather than punitive damage.

  • Maximal vs. Minimum Focus

    • Minimum focuses on how the victors treat the losers (e.g., reparations).

    • Maximal focuses on the obligations of victors, including fairness, compensation, and rehabilitation of aggressors.

Contemporary Issues

  • Current debates in just war theory relate to real-world scenarios such as US actions in the Caribbean against drug trafficking, raising questions about the just conduct of military interventions in modern contexts.