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February 21, 2003

Jus ad Bellum and Jus in Bello

There was some confusion what exactly jus ad bellum and jus in bello were referring to.

To clarify the point, jus ad bellum includes the six principles used to decide whether or not a war is just. Jus in bello establishes the norms that govern the use of force in wartime.

I've already enumerated what jus ad bellum comprises, here is what jus in bello includes:

"1.) Discrimination: military force must be applied only against the political leadership and military forces of the state. Every effort must be made to discriminate between combatants and non-combatants, soliders and civilian, to minimize civilian casualties," says Mark Amstutz in International Ethics.

"2.) Proportionality: The destruction inflicted by military forces in war must be proportional to the goals they seek to realize. An indiscriminate war of attrition that seeks to eliminate the enemy society altogether is not morally justified," again says Mark Amstutz.

These are important to the conduct of war and the distinction between jus ad bellum and jus in bello will be elaborated upon--especially for the hard left--later.

Posted by Sean-Paul @ 02/21/2003 03:23 PM | TrackBack




Comments:


Good stuff, Sean-Paul. It gets mighty convoluted, though, after a while. I had a brief discussion with Michael Walzer, who I regard as the top expert on Just War theory, and agreed with him on everything but his conclusion. It's remarkable how people can twist the theory to get the result they want.

See my archive post on this convo: http://outsidethebeltway.blogspot.com/2003_02_02_outsidethebeltway_archive.html#88602721

Posted by: James Joyner on February 21, 2003 09:10 PM



There are of course many treaties which tie down specific examples of these things -- for example outlawing specific weapons or specific practises towards civilians.

There are also rules of war that concern eg treatment of prisoners of war, which really expand on the first of the principles. It's not just civilians that must be protected during war. OTOH in some cases civilians become legitimate targets.

There's a lengthy argument about it here:

http://www.nowarblog.org/archives/000803.html

I argue that the key concern is military necessity not discrimination between civilian and military.

Posted by: DavidByron on February 21, 2003 10:36 PM






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