warfare and independence philosophy and law

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Warfare and Independence

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Warfare and Independence

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Page 1: Warfare and Independence Philosophy and Law

Warfare and Independence

Page 2: Warfare and Independence Philosophy and Law

Introduction

• “A ‘war’ is the name given to the act of fighting between two or more groups, nations or countries

• ‘warfare’ is the tactics, methods, strategies and science involved in fighting the enemy.

• So, for example, chemical warfare (a tactic to help you win) was used in The Great War (the name of the conflict). An absence of war (and other violence) is usually called peace or also known as independence.”

• Independence is a person, country, nation and etcetera which are not influenced or controlled by others opinion, or conduct in a form of thinking or acting for oneself

Page 3: Warfare and Independence Philosophy and Law

WAR AND WARFARE

• The meaning of war is an organized, armed, and, usually a prolonged conflict that is carried on between countries, nations, or other some other parties typified by extreme aggression, social disruption, and usually high mortality.

• War should be understood as an actual, intentional and widespread armed conflict between political communities, and thus it is defined as a form of political violence.

Page 4: Warfare and Independence Philosophy and Law

GreekGoddess Athena aka Pallas Athena

• in Greek religion and mythology,

• goddess of wisdom, courage, inspiration, civilization, law and justice, just warfare, mathematics, strength, strategy, the arts, crafts, and skill.

Page 5: Warfare and Independence Philosophy and Law

• The metalwork of weapons also fell under her patronage.

• She led battles as the disciplined, strategic side of war, in contrast to her brother Ares (the patron of violence, bloodlust and slaughter "the raw force of war)

• Though Athena is a goddess of war strategy, she disliked fighting without purpose and preferred to use wisdom to settle predicaments.

• Athena only encouraged fighting for a reasonable cause or to resolve conflict.

Page 6: Warfare and Independence Philosophy and Law

ChinaSun Tzu - The Art of War

• a high-ranking military general

• strategist

• tactician

Page 7: Warfare and Independence Philosophy and Law

• war was a vital weapon in order to widen the territory • It presents a philosophy of war for managing

conflicts and winning battles.• “For the last two thousand years it remained the most

important military treatise in Asia, where even the common people knew it by name."

• It has had an influence on Eastern and Western military thinking, business tactics, legal strategy, and beyond.

Page 8: Warfare and Independence Philosophy and Law

Carl von Clausewitz - On War• a practical field soldier with extensive combat

experience against the armies of the Revolutionary France

• a staff officer with political and military responsibilities at the very centre of the Prussian state

• a prominent military educator.

Page 9: Warfare and Independence Philosophy and Law

• His work combines observations on strategy with questions about human nature and the purpose of war

• especially examines the teleology of war: whether war is a means to an end outside itself or whether it can be an end in itself.

• He concludes that the latter cannot be so, and that war is "politics by different means"; i.e. that war must not exist only for its own sake. It must serve some purpose for the state.

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• “War is nothing but a duel on a larger scale. Countless duels go to make up war, but a picture of it as a whole can be formed by imagining a pair of wrestlers. Each tries through physical force to compel the other to do his will; his immediate aim is to throw his opponent in order to make him incapable of further resistance.”

• War is thus an act of force to compel our enemy to do our will.

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• These are some of thought regarding the meaning of war ,other than that he also shared his view regarding the purpose and means in war in which we can now see that in war many roads lead to success, and that they do not all involve the opponent's outright defeat.

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WAR AND WARFARE

• The most significance warfare would be conventional warfare, unconventional warfare, nuclear warfare, asymmetric warfare, and chemical warfare.

• Conventional warfare is when either party, without using any ‘nuclear, biological or chemical weapons’ but using conventional weapon instead such as small arms, which generally aim to reduce opponent’s military capability upon a direct confrontation.

• In contrast, unconventional warfare is “an attempt to achieve military victory through acquiescence, capitulation, or clandestine support for one side of an existing conflict.”

Page 13: Warfare and Independence Philosophy and Law

WAR AND WARFARE

• The usage of nuclear weapons as a major method to inflict damage to the opposition is call nuclear warfare.

• Civil warfare usually involves fight between two parties under one nation for a control or independence.

• Other than that, there is also asymmetric warfare in which when both parties’ military capabilities level is not on par. At the same time usually, the party with more power will use unconventional warfare tactics.

• Last but not least, chemical warfare is a technique of spreading air pollution on purpose such as poison gas.

Page 14: Warfare and Independence Philosophy and Law

INDEPENDENCE

• INDEPENDENCE is a condition of a country, nation or state in which its residents and population or some portion thereof, exercising self-government and are usually sovereignty, over the territory.

Page 15: Warfare and Independence Philosophy and Law

INDEPENDENCE

• There has always been a debate on how the attainment of independence is different from revolution, whether the violence is a legitimate means in achieving sovereignty.

• While some revolutions only seeks in achieving national independence, others seeks in redistributing power with or without an element of emancipation

Page 16: Warfare and Independence Philosophy and Law

PHILOSPHERS VIEW ON WAR

Page 17: Warfare and Independence Philosophy and Law

POSITIVIST

John Austin• Law is a type of command• It is laid down by a political sovereign• It is enforceable by sanction

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Law of war • is a body of law concerning acceptable

justifications to engage in war • limits to acceptable wartime conduct

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To this end, laws of war are intended to mitigate the hardships of war by:• Protecting both combatants and

noncombatants from unnecessary suffering.

• Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians.

• Facilitating the restoration of peace.

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Some of the central principles underlying laws of war are:• Wars should be limited to achieving the political

goals that started the war (e.g., territorial control) and should not include unnecessary destruction.

• Wars should be brought to an end as quickly as possible.

• People and property that do not contribute to the war effort should be protected against unnecessary destruction and hardship.

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War

• There are no definite reason as why a certain government choose war

• However in that particular government view, it will include for the sake of improving the country itself or protecting or defending from the opponent attack

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• Thus, in positivist view there is an acceptable justifications to engage in war and limits to acceptable wartime conduct

Page 23: Warfare and Independence Philosophy and Law

NATURALIST

Thomas Acquinas• Positive law that violates natural law is not

true law• An unjust law is not a true law, in a which

‘unjust’ is defines as contrary to natural law.

Page 24: Warfare and Independence Philosophy and Law

War

• In a typical war, there will always be extreme agression, social disruption and high mortality

• It will affect physical, verbal, mental and emotional aspect of a human being

• A human being should live their life peacefully

• Thus, war is against natural law• Hence, against Thomas Acquinas view

Page 25: Warfare and Independence Philosophy and Law

Independence

• Everyone would want to live freely, where they can choose what to do without any outside influence.

• Even though such ‘free-state’ is up to a certain limitation, living life peacefully is what everyone would want, thus in line with natural law

• Therefore, Thomas Acquinas will support

Page 26: Warfare and Independence Philosophy and Law

UTILITARIANIST

Jeremy Bentham- "The greatest happiness for the greatest

number of people"-“Nature has placed mankind under the

governance of 2 sovereign masters, pain and pleasure”

Page 27: Warfare and Independence Philosophy and Law

WAR

• Utilitarianist view may be in favour and against war.

• If war bring more harm than good. It strip off a person life, or family and destroy their properties. The majority will definitely be in deprived state, converse with greatest hapiness to greatest number of people. In addition war wil bring more pain than pleasure.Thus, utilitarianist will go against war.

• However, if a war was meant to be for the future upbringing of the country, utilitarianist may in favour to war.

Page 28: Warfare and Independence Philosophy and Law

UTILITARIANIST ON INDEPENDENCE

- In general, Utilitarianist can be said in favour with independence, since independence in it literal meaning is a good thing for the society.

- However up to a point, this depends due to the fact that at what extent a society is said to be in an ‘independence state’.

For example – New Zealand.

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CHRISTIANITY VIEW ON

WAR

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•"Blessed be the LORD, my rock, who trains my hands for war, and my fingers for battle;".

-(Psalm 144:1)

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•Holy War. These people believe that war is a duty to God. Proponents of this view included the Crusaders, who attempted to force others into Christianity.

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• They claim that in Matt. 10:34-39 Jesus condoned such violence, when He claimed to bring a sword, not peace. In context however, Jesus was teaching that as followers of Him, we would be the objects of persecution and hatred, but we must be willing to sacrifice our lives for Him. He never taught us to kill for Him but to die for Him. The apostles, early Christians and church fathers were totally against violence and never physically resisted their persecutors.

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• Unfortunately Holy War extremists have given Christianity a bad name.

• Many secularists continue to brandish Christianity as a violent religion because of the past abuses of this minority group, whom most believers today would not even categorize as true Christians.

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Reasons God Command War

• Land of Palestine his aspect of war is unique to the Middle East. God

promised Abraham the land of Palestine, much of which were at the time occupied by the descendants of Joktan (Gen. 10:26-30), a descendant of Noah’s son, Shem. Joktan is the forefather of many Arab tribes, particularly in Arabia. Some Arab tribes, particularly in Northern Africa, trace their ancestry to Ishmael, Abraham’s son. God promised to make great nations of both sons of Abraham, Isaac (Gen. 22:18; 26:3; 28:13) and Ishmael (Gen. 21:18)

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• This is the basis of the war which officially began in Joshua and continues to this very day – Israel vs. the rest of the Middle East. It is only in the final war (Armageddon) will Jesus personally return to end the Middle East madness and the Arab threat forever, and in so doing, fulfill his 4000 year old promise to Abraham and Israel.

- It is to be noted that God never promised to make America a great nation or to keep her great. They are not even mentioned in Bible prophesy or the book of Revelation, unless of course one were to read them into prophesy. History is bigger than America. They would be well advised not to over-interfere in the land dispute between Israel and Palestine.

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• Self Defense

• Prior to entering the Promised Land, Israel engaged in a handful of battles, four of which were in self defense. The Amalekites (Ex. 17:8-16), Arad (Num. 21:1-3), the Amorites (Num. 21:21-32) and Bashan (Num. 21:33-35) all attacked Israel in the wilderness

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• Israel were forced to fight back and defend herself. Only a fool would allow his people to be attacked and not defend. Only a fool would allow his family to be raped and plundered without raising a finger. Such a person is worse than an infidel. In Judges 12, Jephthah defended his family and household from Ephraimite extremists. Vengeance for personal offenses belong to God, but it is a man’s right to defend his family and place of abode.

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CHRISTINIATY VIEW ON

INDEPENDENCE

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So Jesus said to the Jews who had believed in him, "If you abide in my word, you are truly my disciples, and you will know the truth, and the truth will set you free."

John 8:31-32

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• "If you abide in my word," our Lord declares, "you are truly my disciples, and you will know the truth, and the truth will set you free"

(John 8:31-32)

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• his statement was shocking to Jesus' audience. These proud men thought they already had all the freedom they needed by virtue of being "offspring of Abraham" (8:33). Jesus proceeds to point them beyond any national, social or religious freedom they might enjoy to the freedom that comes through His person and work: "Truly, truly, I say to you, everyone who commits sin is a slave to sin … So if the Son sets you free, you will be free indeed" (8:34,36). Contrary to what Jesus' listeners thought, they were in bondage to sin and subject to the tyranny of it.

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• The saving truth that Jesus speaks of in John 8:32 brings ultimate freedom—freedom from sin and death and the devil; freedom from a life of futility and an eternity of wrath. It is freedom from the tyranny of hate and bitterness and cruelty. It is the freedom to love God and neighbour.

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ISLAMIST VIEW ON WAR

"Eliminate evil from the heart of others by uprooting it from your heart."

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• War may become necessary only to stop evil from triumphing in a way would corrupt the earth (Quran 2:251). For Muslims to participate in war there must be valid justifications, and strict conditions must be fulfilled. A thorough survey of the relevant verses of the Qur'an shows that it is consistent throughout with regard to these rulings on the justification of war, and its conduct, termination and consequences.

War in Islam as regulated by the Qur'an and hadith has been subject to many distortions by Western scholars and even by some Muslim writers. These are due either to misconceptions about terminology or - above all -using quotations taken out of context. Nowhere in the Quran is changing people's religion given as a cause for waging war. The Qur'an gives a clear instruction that there is no compulsion in religion (Quran 2:256). It states that people will remain different (Quran 11:118), they will always have different religions and ways and this is an unalterable fact (Quran 5:48) - God tells the Prophet that most people will not believe"even if you are eager that they should" (Quran 12:103).

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• All the battles that took place during the Prophet's lifetime, under the guidance of the Qur'an and the Prophet, have been surveyed and shown to have been waged only in self-defense or to pre-empt an imminent attack. For more than ten years in Mecca, Muslims were persecuted, but before permission was given to fight they were instructed to restrain themselves (Quran 4:77) and endure with patience and fortitude:

Pardon and forgive until God gives his command. Quran 2:109; see also 29:59; 16:42

Here, war is seen as justifiable and necessary to defend people's right to their own beliefs, and once the believers have been given victory they should not become triumphant or arrogant or have a sense of being a superpower, because the promise of help given above and the rewards are for those who do not seek to exalt themselves on earth or spread corruption (Quran 28:83).

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• War is the worst thing known to mankind throughout his long history. It brings about the killing and maiming of human beings, the loss of their powers and their disfigurement. It also causes the destruction of civilisations, stirs up hatred and resentments amongst people, and passes psychological problems on to future generations. It also causes the fighters to become prisoners of war. For these reasons, war must be avoided at all costs and if war becomes necessary – because the enemy has forced the situation – it is imperative that war should be limited to the least degree of necessity. It is also imperative that humanity in general put an end to wars finally so that they do not occur in the future.

• War is an illness

Page 47: Warfare and Independence Philosophy and Law

• A group of religious scholars have said that war in itself is bad and ugly because it entails the killing of people and destruction. The Holy Qur’an supports this in the following verse:

• {Fighting is prescribed upon you though ye dislike it. But it is possible that you dislike a thing that is good for you and that youlove a thing that is bad for you. Allah knoweth and you knoweth not.}

• On the surface, this verse shows that if fighting were a natural thing then Allah would not have said: {though ye dislike it.}. Therefore, war is a social phenomenon brought about by corrupt instincts and not something natural in humanity.

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• Look also at this hadith related by Imam al-Saadiq (A) who said:

“The Messenger of Allah when he wanted to send out a troop he called them and bid them sit before him. He then said to them: Go out in the name of Allah and by Allah and in the way of Allah and according to the religion of the Messenger of Allah. Do not handcuff or tie up (the prisoners of war), do not mutilate (even the dead), and do not betray people. Do not kill the old man, the child or the woman, and do not cut down a single tree except when you are forced to do so. And if any Muslim be he lofty or lowly gives a man of the Polytheists sanctuary, then his safety must be secured so that he hears the word of Allah. If he follows you then he is your brother in religion. If he refuses then give him his sanctuary and seek the help of Allah regarding him.”

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• In an account on the occasion of war, Imam Amir-ul-Mu’mineen (A) advised the Muslims saying:

• ‘Commit yourselves to prayer and guard your prayers and pray much. Seek nearness to Allah through it for it is a duty of the Muslims at prescribed times.’

• He also used to say: ‘Do not fight them until they begin to fight you.’

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Aggression is Forbidden. Fighting is permitted only in self-defence.

• The Quranic verses on this are very clear. God repeats, "do not aggress", multiple times. Only if attacked, is one permitted to fight back. If the other party refrains from aggression and offers one peace, we are told to stop fighting.

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Rules of War*

• [2:190] You may fight in the cause of GOD against those who attack you, but do not aggress. GOD does not love the aggressors. [2:191] You may kill those who wage war against you, and you may evict them whence they evicted you. Oppression is worse than murder. Do not fight them at the Sacred Masjid, unless they attack you therein. If they attack you, you may kill them. This is the just retribution for those disbelievers.[2:192] If they refrain, then GOD is Forgiver, Most Merciful.[2:193] You may also fight them to eliminate oppression, and to worship GOD freely. If they refrain, you shall not aggress; aggression is permitted only against the aggressors.

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• *2:190 All fighting is regulated by the basic rule .Fighting is allowed strictly in self-defense, while aggression and oppression are strongly condemned throughout the Quran.

• [5:87] O you who believe, do not prohibit good things that are made lawful by GOD, and do not aggress; GOD dislikes the aggressors.

• [8:61] If they resort to peace, so shall you, and put your trust in GOD. He is the Hearer, the Omniscient.

• [4:90] ... if they leave you alone, refrain from fighting you, and offer you peace, then GOD gives you no excuse to fight them.

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Application :

• Based on the dalil and hadith, we found that Islam does not favor War and if it is really needed to be done then only it shall be done.

• War is the last solution. Islam does not favor violence and oppression. That is why war is the least favorable thing to do.

• War gives more harm and if it is being done in a wrong way , people will become arrogant, feeling superpower and being dictator.

• Allah SWT did stated that have war in the name of Allah and by Allah and in the way of Allah and that don’t have war for old man, women and children.

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.

• Islam prohibits against any violence to these three categories of people. If you wish to war , war with the enemy that is of the same size or strength with you.

• Islam also prohibits us from initiating the war first. Only if we are being attacked then we may fight back for self defense.

• Islam does not teaches us to have war without no valid reason.

• This means, war is a worst thing known to mankind and that Allah prohibits us to start the war first without any valid reason.

• Furthermore, war is an illness. More of the innocent lives are taken away everyday.

• Therefore, it is highly recommended that war is the last resort in resorting problems between people.

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GROUP STANDWe agree war bring more harm then good.

We believed in order to rage war , there must be self defence first, never ever strike first.

War is to protect never selfish power.

War is necessary but given to the circumstances

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• As for independence , as a human being is normal for us to a certain degree of independence as we must live freely .