Jus ad bellum
Encyclopedia
Jus ad bellum is a set of criteria that are to be consulted before engaging in war
, in order to determine whether entering into war is permissible; that is, whether it is a just war
.
Jus ad bellum is sometimes considered a part of the laws of war
, although the term "laws of war" can also be considered to refer to jus in bello, which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just).
An international agreement limiting the justifiable reasons for a country to declare war
against another is concerned with jus ad bellum. In addition to bilateral non-aggression pacts, the twentieth century saw multilateral treaties defining entirely new restrictions against going to war. The three most notable examples are the Kellogg-Briand Pact
outlawing war as an instrument of national policy, the London Charter
(known also as the Nuremberg Charter) defining "crimes against peace" as one of three major categories of international crime to be prosecuted after World War II, and the United Nations Charter
, which binds nations to seek resolution of disputes by peaceful means and requires authorization by the United Nations before a nation may initiate any use of force against another, beyond the inherent right of self-defense against an armed attack. By contrast, agreements defining limits on acceptable conduct while already engaged in war are considered "rules of war" and are referred to as the jus in bello. Thus the Geneva Conventions
are a set of "jus in bello". Doctrines concerning the protection of civilians in wartime, or the need for "proportionality" when force is used, are addressed to issues of conduct within a war, but the same doctrines can also shed light on the question of when it is lawful (or unlawful) to go to war in the first place.
These terms are used in discussions of international law
and philosophy
.
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or 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...
, in order to determine whether entering into war is permissible; that is, whether it is a just war
Just War
Just war theory is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which holds that a conflict ought to meet philosophical, religious or political criteria.-Origins:The concept of justification for...
.
Jus ad bellum is sometimes considered a part of the laws of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
, although the term "laws of war" can also be considered to refer to jus in bello, which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just).
An international agreement limiting the justifiable reasons for a country to declare war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
against another is concerned with jus ad bellum. In addition to bilateral non-aggression pacts, the twentieth century saw multilateral treaties defining entirely new restrictions against going to war. The three most notable examples are the Kellogg-Briand Pact
Kellogg-Briand Pact
The Kellogg–Briand Pact was an agreement signed on August 27, 1928, by the United States, France, the United Kingdom, Italy, Japan, Weimar Germany and a number of other countries.The pact renounced war , prohibiting the use of war...
outlawing war as an instrument of national policy, the London Charter
London Charter of the International Military Tribunal
The London Charter of the International Military Tribunal was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.The charter stipulated that crimes of the European Axis Powers could be tried...
(known also as the Nuremberg Charter) defining "crimes against peace" as one of three major categories of international crime to be prosecuted after World War II, and the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, which binds nations to seek resolution of disputes by peaceful means and requires authorization by the United Nations before a nation may initiate any use of force against another, beyond the inherent right of self-defense against an armed attack. By contrast, agreements defining limits on acceptable conduct while already engaged in war are considered "rules of war" and are referred to as the jus in bello. Thus the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
are a set of "jus in bello". Doctrines concerning the protection of civilians in wartime, or the need for "proportionality" when force is used, are addressed to issues of conduct within a war, but the same doctrines can also shed light on the question of when it is lawful (or unlawful) to go to war in the first place.
These terms are used in discussions of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
and philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
.
The Requirements
People have tried to reconcile the competing moral principles of nonviolence/violence, and the evil of taking a human life with the need to protect an innocent human life, or your own, or no lives needed to be protected at all, through the use of force. The essential six elements for "The Just War Framework" that is the way to reason a violent act, are as follows:- Just cause;
- Proper authority;
- Right intention;
- Reasonable prospect of success;
- Proportionality;
- Last resort
See also
- Religious warReligious warA religious war; Latin: bellum sacrum; is a war caused by, or justified by, religious differences. It can involve one state with an established religion against another state with a different religion or a different sect within the same religion, or a religiously motivated group attempting to...
(bellum sacrum) - Casus belliCasus belliis a Latin expression meaning the justification for acts of war. means "incident", "rupture" or indeed "case", while means bellic...
- Command responsibilityCommand responsibilityCommand responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
- UN Charter
- Laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
Further reading
- ICRC International Committee of the Red Cross
- ICRC: Meaning of these terms
- Crimes of War
- Intractable Conflict
- Internet Encyclopedia of Philosophy
- Rutgers: Book/Reading List
- Essay hosted at USAF site "Broken Link"
- Joseph R. Cerami, James F. Holcomb (Editors). U.S. Army War College guide to strategy. Strategic Studies Institute, 2001. ISBN 9781584870333., pp. 19–30. Chapter 3. Ethical issues in War, An overview, Cook, Martin L.