A few years ago
I asked the question: “Just how many unjust acts can a just war encompass before it ceases to be a just war?” This question assumed the connection between what scholars have defined as a distinction between
ius ad bello and
ius ad bellum, justness in the occasion for or cause of war and justness in the prosecution of war.
Prof. Stephen Bainbridge and
Prof. Anthony Clark Arend were among those
kind enough to respond, alluding to this classical distinction.
I just came across this definition of just war from the sixteenth-century Jesuit doctor
Francisco Suarez:
In order that a war may be justly waged, certain conditions must be observed and these may be brought under three heads. First it must be waged by a legitimate power. Secondly its cause must be just and right. Thirdly just methods should be used, that is equity in the beginning of war, in the prosecution of it, and in victory (Tractatus de legibus, I, 9).
With Suarez’s definition in mind, I think we can summarize the matter thusly:
There is an important classical and scholastic distinction between
ius ad bellum and
ius ad bello, corresponding to the second and third heads of Suarez’s definition respectively. We might therefore say that a war can be just in a divided sense in two distinct ways: in its cause and in its execution. In this divided sense then Bainbridge is right to say that “violations of
jus in bello do not affect the
jus ad bellum question.”
But in the composite or compound sense of “a just war,” it must meet both conditions (as well as being pursued by a legitimate power, which is itself a complex question. Compare for instance Augustine’s question, “Set justice aside and what are kingdoms but large robber bands, and what are robber bands but little kingdoms?”).
Thu, 01/08/2009 18:53
I am a young black female who thinks the trend is a lil dumb too, but it is completely unfair to single out a single [...]