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Ethics of War (Jus ad Bellum: (Substantive Criteria (For a war to be just,…
When and how to fight
'Questions about when it is legitimate to go to war and how war must be waged are central to public and political debates and play a significant role in policy-making and military decision-making, especially in the West' (Bellamy)
The UN Charter
At the end of the Second World War the United Nations altered the presumption of a states' right to wage war, with two exceptions: self defence (Article 51) and Security Council-Authorised enforcement actions (Article 39)
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Pre-emptive Self-defence
According to the precedent set by the 'Caroline case' following an incident in 1837, for a state to invoke the right to pre-emption it must show the immanence of an attack, the necessity of pre-emption and the proportionality of its intended response
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Jus ad Bellum:
For a war to be just, those who launch it must show that war is waged for reasons other than hatred or aggrandisement ('right intention'); it is in self-defence or defence of others ('just cause'); that the overall harm is likely to be less than inaction ('proportionality'); and that war is an action of 'last resort'
Even if the substantive criteria are met, a wise head would suggest that war is always evil and - more instrumentally - that you should only wage it if you think you are going to win. The outcome of a war is rarely certain and involves risk
From Roman times (2,000 years ago) it was the norm to openly declare war to allow a transition from a time of peace to a time of war. More recently, however, this practice has fallen into disuse.
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Iraq Invasion and War, 2003-11
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CONCLUSIONS
Without moral and legal guidelines, waging war cannot logically be distinguished from mass murder
However, during the 20th century (and specifically since 1945) a set of legal rules has emerged that seek to govern the international use of force, as well as that during civil conflicts
In democratic politics, consideration of the laws and ethics of wars are an important aspect of civic participation