What of Jus Post Bellum if Just War Theory Rests on a Category Mistake?

2020 ◽  
pp. 146-169
2007 ◽  
Vol 20 (3) ◽  
pp. 571-591 ◽  
Author(s):  
BRIAN OREND

The introduction explains how this essay articulates the issue of ‘justice after war’ from the point of view of just-war theory, and how such a view can and ought to impact upon international law, for instance by inspiring the eventual development of a new treaty, or Geneva Convention, exclusively concerned with issues of postwar justice. In the body of the essay, attention is first given to explaining why just-war theory has traditionally ignored, or even rejected, jus post bellum. Second, argument is made as to why this ignorance and rejection must be overcome, and replaced with information and inclusion. Third, principles drawing on traditional just-war theory are constructed and defended, for jus post bellum in general and for forcible postwar regime change in particular. Finally, several remaining challenges are addressed, seeking to dissolve doubts and strengthen resolve towards working for progress on this vital and topical issue of jus post bellum.


2019 ◽  
Vol 19 (2) ◽  
pp. 128-136
Author(s):  
Leonid V. Yakushev ◽  

Author(s):  
Mohd Rizal Yaakop ◽  
Sharifah Aluya Ali ◽  
Sharifah Sabrina Ali ◽  
Iing Nurdin ◽  
Farhatul Mustamirah ◽  
...  

Author(s):  
Helen Frowe

This chapter examines the main theoretical approaches to war and the circumstances under which it is permissible to wage war. War is one of the most morally difficult, and morally pressing, aspects of human existence. It nearly always involves killing and maiming on a vast scale. Despite its destructive nature, and despite the rise of rights talk on the international stage and the spread of democracy across large parts of the world, war persists. The chapter first considers the just war tradition and alternatives to just war theory before discussing two theoretical approaches to the ethics of war: collectivism and individualism. It also explores three principles that govern the fighting of war: jus ad bellum, jus in bello, and jus post bellum. A case study on Afghanistan and the ‘war on terror’ is presented, along with Key Thinkers boxes featuring Michael Walzer and Jeff McMahan.


Hypatia ◽  
2008 ◽  
Vol 23 (2) ◽  
pp. 61-71
Author(s):  
Sigal Ben-Porath

In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.


2009 ◽  
Vol 23 (2) ◽  
pp. 147-164 ◽  
Author(s):  
Mark Evans

Recently, strong arguments have been offered for the inclusion ofjus post bellumin just war theory. If this addition is indeed justified, it is plain that, due to the variety in types of post-conflict situation, the content ofjus post bellumwill necessarily vary. One instance when it looks as if it should become “extended” in its scope, ranging well beyond (for example) issues of “just peace terms,” is when occupation of a defeated enemy is necessary. In this situation, this article argues that an engagement byjus post bellumwith the morality of post-conflict reconstruction is unavoidable. However, the resulting extension ofjus post bellum's stipulations threatens to generate conflict with another tenet that it would surely wish to endorse with respect to “just occupation,” namely, that sovereignty or self-determination should be restored to the occupied people as soon as is reasonably possible. Hence, the action-guiding objective of the theory could become significantly problematized. The article concludes by considering whether this problem supports the claim that the addition ofjus post bellumto just war theory is actually more problematic than its supporters have realized.


2021 ◽  
pp. 175508822110347
Author(s):  
Lonneke Peperkamp

Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for disaster. To avoid manipulation of the theory and make the goal of peace attainable, they defend “minimalism” in the ethics of war and peace. This paper responds to and builds on their article. After nuancing the analysis, I will argue (a) that their minimalism does not solve the problem since the proposed alternative concept is equally prone to misuse, and (b) that their minimalism is mistargeted. What I propose is to specify and ground the rules of war without raising the standard too high, to disentangle jus ad bellum and jus post bellum and see peace as guiding principle for jus post bellum, and to interpret that in a minimalist way.


Philosophy ◽  
2011 ◽  
Author(s):  
Seth Lazar ◽  
Jonathan Parry

Wars are large-scale armed conflicts between two or more organized groups. The basic problem of warfare is that it involves inflicting death and suffering on people, who, in ordinary circumstances, would have fundamental rights that protect them against being treated in these ways. Of course, everyone recognizes that wars are problematic in other respects: they corrupt and destroy institutions and relationships, they waste vast sums of wealth that could be used to remedy entrenched vulnerability, and they cause irreversible and massive damage to the natural environment. These are by no means negligible costs. And yet when considering the ethics of war, most start with the killing and the suffering, because if the killing cannot be justified, then the rest is irrelevant: our only choice is to affirm pacifism. However, justifying the killing is a necessary, but not a sufficient condition of justifying wars as a whole. There remain important questions to be asked about how and why the killing may be done. While the permissibility of killing per se provides the philosophical foundations of any theory of just war, the superstructure requires attention to specific questions governing the practice of warfare. In particular, for what reasons may conflict be permissibly initiated? How can we fight permissibly? How can we end wars, and deal with their aftermath, permissibly? The first two—justified resort and justified conduct—correspond to jus ad bellum and jus in bello in historical just war theory. The third is a more novel, less-discussed contribution, coined as jus post bellum by recent scholars. Only a war in which the killing is justified, and which is started, fought, and ended justifiably, can properly be called a just war.


2013 ◽  
Vol 45 (3) ◽  
pp. 635-661 ◽  
Author(s):  
James Pattison

This article considers the issue of who should rebuild after war. Many leading advocates of the relevance of jus post bellum for Just War Theory adhere to the ‘Belligerents Rebuild Thesis’, which holds that those who have been involved with the fighting – such as the victor, just belligerent, unjust aggressor or humanitarian intervener – should be tasked with the responsibility to rebuild. By contrast, this article argues that there is a collective, international duty to rebuild that should be assigned primarily according to the agent's ability to rebuild – and not necessarily to the belligerents. The article also claims that, in contrast to the prevailing view, considerations of jus post bellum do not play any moral role in the justifiability of a war. Accordingly, defending the Belligerents Rebuild Thesis by invoking the alleged moral relevance of jus post bellum for Just War Theory is mistaken.


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