NATALIE BRISIGHELLAKANT’S JUST WAR THEORY

ST. THOMAS AQUINASThe Summa Theologica, Part II, Question 40,

Article 1

Objection1. Punishment is inflicted only for sin and should be waged only by God

Matt 26:52 “All that take the sword shall perish with the sword.”

Objection 2. War is contrary to Divine Precepts

Objection 3: War is contrary to peace

WAR IS ALWAYS SINFUL

Reply 1. War is justified when declared and carried out by the right authority, pursuing the purpose of justice

Reply 2. It is sometimes necessary to act for the common good

“For when we are stripping a man of the lawlessness of sin, it is good for him to be vanquished, since nothing is more hopeless than the happiness of sinners, whence arises a guilty impunity,

and an evil will, like an internal enemy.”

Reply 3: Those who war aim for peace“We do not seek peace in order to be at war, but we go to war that

we may have peace”

A JUST WAR IS JUSTIFIABLE

AquinasJUST WAR PRINCIPLES

“The natural order conducive to peace among mortals demands that the power to declare and counsel war should be in the hands of those who

hold the supreme authority.”

A. Not a private individual’s business to declare war, because he can seek for personal gain

B. Neither is it the business of the individual to summon society

C. But, the role of society is to care for the whole“And just as it is lawful for them to have recourse to the sword in defending that

common weal against internal disturbances, when they punish evil doers.”

PROPER AUTHORITY WAGES WAR

“Those who are attacked, should be attacked because they deserve it on account of some fault.”

A. One that avenges wrongs when a nation must be punished

B. For refusing to make amends for the wrongs inflicted

C. To restore what has been seized unjustly

QUESTION: DOES THIS PRINCIPLE JUSTIFY WAR AGAINST NATIONS WITH NUMEROUS AND CHRONIC HUMAN RIGHTS VIOLATIONS?

FURTHERMORE: WHO HAS THE RIGHT, AS A NATION, OR ORGANIZATION, TO “PUNISH”?

JUST CAUSE

“For it may happen that the war is declared by the legitimate authority, and for a just cause, and yet be

rendered unlawful through a wicked intention.”

Rightful Intention: Advancement of good and avoidance of evil

“The passion for inflicting harm, the cruel thirst for vengeance, and unspecific an relentless spirit, the fever of revolt, the lust of power, and such like things, all these are

rightly condemned in war.”

RIGHTFUL INTENTION

ALEX MOSELEY“Just War Theory” from the Internet

Encyclopedia of Philosophy

Consequentialism

Benefit:“There are long-term benefits to

having a war convention. For example, by fighting cleanly, both

sides can be sure that the war does not escalate, thus reducing the

probability of creating an incessant war of counter-revenges.”

Harm:“If more will be gained from

breaking the rules than will be lost, the consequentialist cannot but

demur to military necessity.”

Intrinsicism

Benefit:“Certain spheres of life ought never to be targeted in war; for example,

hospitals and densely populated suburbs.”

Harm:“Intrinsicism produces an inflexible model that would restrain warrior’s

actions to the targeting of permissible targets only.”

BUILDING THE PERFECT FRAMEWORK

JUSTICE OF WAR1. Just Cause

2. Proper Authority

3. Right Intention

4. Chance of Success

5. Ends are Proportional to Means

LAWS OF WAR

1. Principle of Discrimination

2. Principle of Proportionality

3. Principle of Responsibility

Jus Ad Bellum Jus In Bello

A MORE PLAUSIBLE FRAMEWORK

Justice of WarJUS AD BELLUM

Premise: A consensus must be developed in order to determine what is a “just cause”

A. Self defense(May be either preemptive or after the fact)

B. Assisting others against oppression

C. Assisting others from an external threat

QUESTION: GIVEN THESE GUIDELINES, IS IT EASY TO DRAW THE LINE BETWEEN SELF DEFENSE AND SELF INTEREST?

JUST CAUSE

“If a government is just, i.e., it is accountable and does not rule arbitrarily, then giving the officers of the state the right to declare war is reasonable. However, the more

removed from a proper and just form of government is, the more reasonable it is that its sovereignty disintegrates.”

Authority then depends upon legitimacy and sovereignty

“The notion of proper authority therefore requires thinking about what is meant by sovereignty, what is

meant by the state, and what is meant by the proper relationship between a people and its government.”

QUESTION: IS A WAR WAGED BY THE “PROPER AUTHORITY” FEASIBLE?

PROPER AUTHORITY

Right Intention: War waged for the cause of justice

War is NOT just if a national interest overwhelms all other motives

PROBLEM: Constitutes a moral condition absent self interest

TWO SENARIOS1. Waging a war for peace

2. Forced to wage a war for national interests

“The issue of intention raises the concern of practicalities as well as consequences, both of which should be considered before declaring war.”

QUESTION: ARE INTENTIONS OF WAR REALLY OBJECTIVELY CONSIDERED?

RIGHT INTENTION

“Should one not go to the aid of a people or declare war if

there is no conceivable chance of success?”

Good- Morally speaking valuing preservation of lives and resources are good things

ALTERNATIVES• Civil disobedience• Forming alliances

• Get inspired by a charismatic leader like Churchill

REASONABLE SUCCESS

“A policy of war requires a goal, and that goal must be

proportional to the other principles of just cause.”

1. Minimizes destruction

2. Leads to a better balance of power

Example: Nations A & B

PROPORTIONAL ENDS AND MEANS

Laws of WarJUS IN BELLO

Principle of Discrimination: In war, it is considered immoral to attack indiscriminately since non combatants and

innocents are deemed to stand outside of the realms of war.

Combatants may be justifiably killeda. Being trained and/or armed is considered a threat

b. When one steps into a boxing ring to fight, one gives up their rights to not be hit

c. Those who join or are conscripted come to terms with their possible outcomes and are more accepting and

prepared for death than innocents

PRINCIPLE OF DISCRIMINATION

Innocents & Non combatants

A. Can justify deaths of innocents if said deaths aren’t intentional

B. One can’t always distinguish between a combatant and an innocentEx: guerilla combatants

• Waltzer claims the lack of identification doesn’t give the right to kill indiscriminately

• Response: the nature modern warfare doesn’t allow the opportunity

QUESTION: CONSIDERING THE PRINCIPLE OF DISCRIMINATION WAS THE U.S. JUSTIFIED IN THE ATTACKS ON HIROSHIMA AND NAGASAKI?

PRINCIPLE OF DISCRIMINATION

(CONTINUED)

“At a deeper level, one can consider the role that civilians play in supporting an unjust war; to what extent are they morally culpable, and if they are

culpable to some extent, does that mean they may become legitimate targets? This invokes the issue

of collective versus individuality responsibility that is in itself a complex topic.”

JUST A THOUGHT

Dictates how much and what kind of force is morally permissible in a war

“In fighting a just war in which only military targets are attacked, it is still possible to breach morality by employing

disproportionate force against an enemy.”

Demands the war or conflict to end before turning into a massacre

PRINCIPLE OF PROPORTIONALITY

A. Religious responsibility1. Accountability to God for actions

“Those who act according to a divine command, or even God’s laws

as enacted by the state and who put wicked men to death “have by no means

violated the commandment, ‘Thou Shalt Not Kill.’”

B. Abiding by laws and rules during times of peace and at war

C. Knowing the effects of one’s own actions

PRINCIPLE OF RESPONSIBILITY

Questions & Comments

CONSIDERING THE PRINCIPLE OF DISCRIMINATION WAS THE U.S. JUSTIFIED IN THE ATTACKS ON HIROSHIMA AND NAGASAKI?

ARE INTENTIONS OF WAR REALLY OBJECTIVELY CONSIDERED?

IS A WAR WAGED BY THE “PROPER AUTHORITY” FEASIBLE?

GIVEN THESE GUIDELINES, IS IT EASY TO DRAW THE LINE BETWEEN SELF DEFENSE AND SELF INTEREST?

DOES THIS PRINCIPLE JUSTIFY WAR AGAINST NATIONS WITH NUMEROUS AND CHRONIC HUMAN RIGHTS VIOLATIONS?FURTHERMORE: WHO HAS THE RIGHT, AS A NATION, OR ORGANIZATION, TO “PUNISH”?

IS NUCLEAR WAR BY THESE STANDARDS JUSTIFIABLE?