scholarly journals Moral Justification of Humanitarian Intervention in Modern Just War Theory

2021 ◽  
Vol 63 (11) ◽  
pp. 58-73
Author(s):  
Arseniy D. Kumankov
Keyword(s):  
International Relations ◽  
Just War ◽  
Humanitarian Intervention ◽  
Just War Theory ◽  
Armed Forces ◽  
The State ◽  
Theory And Practice ◽  
Moral Justification ◽  
Mass Violence ◽  
Mass Murders

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of the 20th century. This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms.

Humanitarian Intervention: An Overview of the Ethical Issues

1998 ◽  
Vol 12 ◽  
pp. 63-79 ◽  
Author(s):  
Michael J. Smith
Keyword(s):  
International Relations ◽  
Ethical Issues ◽  
Humanitarian Intervention ◽  
Ethical Dilemmas ◽  
Armed Forces ◽  
Moral Justification ◽  
International Affairs ◽  
Left Behind ◽  
The U.S ◽  
The Way

The capacity to focus on the issue of humanitarian intervention represents what Joel Rosenthal has noted as the maturation of the field of ethics and international affairs. If nothing else, the debate surrounding this vexed issue has demonstrated that we have left behind the so-called oxymoron problem: there is no reason now to be defensive about bracketing the terms “ethics” and “international relations.” One can hardly talk about Bosnia, Rwanda, Haiti, Somalia, or any cases of possible outside intervention, without recognizing from the very beginning that ethical dilemmas abound in the way we define our goals, our interests, and the means we use to pursue them. Even Samuel P. Huntington, not usually known to be a moralist, has asserted that “it is morally unjustifiable and politically indefensible that members of the [U.S.] armed forces should be killed to prevent Somalis from killing one another.” Whether or not one agrees with that assertion (I do not), one may note that Huntington speaks in terms of moral justification and regards his view of morality to be, in effect, self-evidently true. Thus even archrealists invoke morality in urging their preferred policies.The discussion in this essay proceeds in three unequal stages. First, I present a brief and oversimple sketch of the objective and subjective changes in the broader milieu of international relations as they relate to humanitarian intervention. Second, and more substantially, I survey and analyze the arguments justifying or opposing the notion of humanitarian intervention from realist and liberal perspectives. Finally, I offer the beginnings of my own argument and consider the enormous difficulties of undertaking humanitarian intervention with any degree of effectiveness and consistency.

The Internal Legitimacy of Humanitarian Intervention

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Just War ◽  
Military Intervention ◽  
Humanitarian Intervention ◽  
Just War Theory ◽  
The State ◽  
Military Action ◽  
Institutional Processes

This chapter addresses a remarkably neglected issue in just war theory: the internal legitimacy of humanitarian military intervention, military actions in another state undertaken with the objective of stopping occurring or preventing imminent large-scale violations of basic human rights, without the consent of the state in which the intervention occurs. When such wars cannot be justified as necessary for protecting the rights or advancing the interests of the citizens of the states that undertake them, the question arises as to whether they are legitimate from the standpoint of the state’s own citizens. This chapter argues that the decision to engage in humanitarian wars is so especially serious and problematic (given that the primary duty of the state is to protect the rights and serve the interests of its own citizens), that special institutional processes are needed for authorizing such military action.

Kantian Project of Perpetual Peace in the Context of Modern Ethical and Political Concepts of War

2020 ◽  
Vol 63 (1) ◽  
pp. 85-100
Author(s):  
Arseniy D. Kumankov
Keyword(s):  
International Relations ◽  
French Revolution ◽  
Just War ◽  
Just War Theory ◽  
Historical Background ◽  
Democratic Peace ◽  
Peace Treaty ◽  
Liberal Democracies ◽  
Democratic Peace Theory ◽  
Perpetual Peace

The article considers the modern meaning of Kant’s doctrine of war. The author examines the context and content of the key provisions of Kant’s concept of perpetual peace. The author also reviews the ideological affinity between Kant and previous authors who proposed to build alliances of states as a means of preventing wars. It is noted that the French revolution and the wars caused by it, the peace treaty between France and Prussia served as the historical background for the conceptualization of Kant’s project. In the second half of the 20th century, there is a growing attention to Kant’s ethical and political philosophy. Theorists of a wide variety of political and ethical schools, (cosmopolitanism, internationalism, and liberalism) pay attention to Kant’s legacy and relate their own concepts to it. Kant’s idea of war is reconsidered by Michael Doyle, Jürgen Habermas, Ulrich Beck, Mary Kaldor, Brian Orend. Thus, Doyle tracks democratic peace theory back to Kant’s idea of the spread of republicanism. According to democratic peace theory, liberal democracies do not solve conflict among themselves by non-military methods. Habermas, Beck, Kaldor appreciate Kant as a key proponent of cosmopolitanism. For them, Kant’s project is important due to notion of supranational forms of cooperation. They share an understanding that peace will be promoted by an allied authority, which will be “governing without government” and will take responsibility for the functioning of the principles of pacification of international relations. Orend’s proves that Kant should be considered as a proponent of the just war theory. In addition, Orend develops a new area in just war theory – the concept of ius post bellum – and justifies regime change as the goal of just war.

The Real Costs of War

2017 ◽  
pp. 155-170
Keyword(s):  
International Relations ◽  
Just War ◽  
Just War Theory ◽  
Ethical Considerations ◽  
The Real ◽  
Morality Of War ◽  
Real Costs

While Just War Theory is the best account of the morality of war, along with many others, the author does not believe that actual decisions by states to go to war are often, or at all, informed by such ethical considerations. A much more plausible view is given by the doctrine of realism, familiar in international relations. This chapter discusses realism as a basis for evaluating weapons research in wartime, and here the author refers to Clausewitz views of war and politics. His conclusion, in a nutshell, is that since states on this account are only concerned with their own interests, there can be no assurance that the products of weapons design will not be used for aggression.

The Moral Status of Combatants during Military Humanitarian Intervention

Utilitas ◽  
2012 ◽  
Vol 24 (2) ◽  
pp. 237-258 ◽  
Author(s):  
ALEX LEVERINGHAUS
Keyword(s):  
Present Article ◽  
Moral Status ◽  
Just War ◽  
Humanitarian Intervention ◽  
Just War Theory ◽  
Target State ◽  
The Status

Recent debates in just war theory have been concerned with the status of combatants during war. Unfortunately, however, the debate has, up to now, focused on self-defensive wars. The present article changes the focus slightly by exploring the status of combatants during military humanitarian intervention (MHI). It begins by arguing that MHI poses a number of challenges to our thinking about the status of combatants. To solve these it draws on Jeff McMahan's theory of combatant liability. On this basis, the article contends that, first, combatants engaged in atrocities lack the same set of rights and liberties held by intervening combatants. Second, and more controversially, drawing on McMahan's theory as well as the notion of complicity, it suggests that the same applies to those combatants who do not perpetrate atrocities but are merely ordered to defend the target state against the intervening state.

JUST WAR IN THEORY AND PRACTICE: THE LEGITIMATION OF SWEDISH INTERVENTION IN THE THIRTY YEARS WAR

2002 ◽  
Vol 45 (3) ◽  
pp. 499-523 ◽  
Author(s):  
PÄRTEL PIIRIMÄE
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Just War ◽  
Humanitarian Intervention ◽  
Theory And Practice ◽  
Normative Language ◽  
Argumentative Strategy ◽  
Police Action

This article attempts to establish a connection between the practical legitimation of war and the theories of international law, examining Sweden's efforts to justify her intervention in the Thirty Years War in 1630. Swedish argumentative strategy is analysed in the light of two major traditions of thinking about war: theological and humanist ‘just war’ traditions. The article argues that Swedish leaders did not appeal to the more belligerent humanist arguments which would have enabled them to describe their campaign as a just war either on the grounds of pre-emptive defence or humanitarian intervention. Instead, they tried to interpret it as being within the limits set by the more restrictive theological tradition. This strategy eventually forced them to relinquish attempts to present their intervention as a genuine war and to develop an argument of ‘police-action’, even though it resulted in a loss of credibility. The case study suggests that in the early seventeenth century the prevailing normative language of just war was that of the theologians.

Introduction

2017 ◽  
Author(s):  
Fernando R. Tesón ◽  
Bas van der Vossen
Keyword(s):  
International Law ◽  
Just War ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Just War Theory ◽  
Self Defense ◽  
Collective Self

We introduce general concepts of just war theory and describe different kinds of war: national self-defense, collective self-defense, and humanitarian intervention. After laying down the conditions for the justification of humanitarian intervention, we highlight some of our differences. We conclude with an outline of the international law of use of force and some jurisprudential themes that bear on the current humanitarian intervention debate.

Just War Theory & the Conduct of Asymmetric Warfare

Daedalus ◽  
2017 ◽  
Vol 146 (1) ◽  
pp. 59-70
Author(s):  
Allen S. Weiner
Keyword(s):  
Armed Conflict ◽  
Just War ◽  
Central Element ◽  
Just War Theory ◽  
The State ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Equal Rights ◽  
Moral Equality ◽  
Asymmetric Warfare

A central element of the dominant view of just war theory is the moral equality of soldiers: combatants have equal rights to wage war against one another and are entitled to certain protections if captured, without regard to which side's cause of war is just. But whether and how this principle should apply in asymmetric armed conflicts between states and nonstate groups is profoundly unsettled. I argue that we should confer war rights on fighters for nonstate groups when they are engaged in violence that has risen to the level of armed conflict, and when the state against which the war is being waged is not entitled to assert its monopoly on the legitimate exercise of force, either because 1) the nonstate group has established sufficient control over territory to assert its own governing authority; or 2) because the group is located abroad. Conferring war rights on nonstate fighters does not, however, permit them to engage in acts that violate the laws of war. Fighters who commit such violations are individually subject to prosecution without regard to their group's entitlement to war rights.

scholarly journals The ethics of war ending: An addition to the theory of righteous warfare

2016 ◽  
Vol 59 (4) ◽  
pp. 53-68
Author(s):  
Bojana Simeunovic
Keyword(s):  
Just War ◽  
Just War Theory ◽  
Regulatory Role ◽  
Moral Justification ◽  
Separate Entity ◽  
Ex Ante ◽  
Ethics Of War

The asymmetric nature of recent wars, in which victory plays neither a constituting nor regulatory role - which thereby do not yield clearly defined winners or losers - calls for a renewed analysis of the concept of war ending. Operating within the bounds of the legalistic paradigm of just war theory, this work is based on an elementary assumption embedded in the ethics of war ending: that conflict circumstances are prone to change, and therefore examining ad bellum criteria ex ante during newly emerged circumstances can be inaccurate. The aim of this article is to examine and determine if ethics of war ending constitute a separate entity within the theory of just war and what does it encompass, as well as what the appropriate criteria is for determining the moral justification for ending or continuing a conflict.

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