Doctrines
of what constitutes a just war developed out of Roman law, religious
encyclicals, military theory and practice, modern political theory
and philosophy, as well as international law and jurisprudence.
The roots in Western thought can be traced to classical moral, legal,
and historical sources and include the scholastic tradition as well
as the medieval notions of chivalry and honor. A critical debate
in the United States over participation and conduct in the Vietnam
War revived just war theory in the West among secular philosophers
and Christian thinkers.
The debate was an attempt to determine whether U.S. participation
in the war was unjust in origin or in the way it was being fought.
Distinctly different but significant notions of just and unjust
war arose in Communist theories on the peoples
war against fascism in the 1930s and 1940s, national liberation
struggles against colonial powers after World War II, and holy
war in modern Islam, for example, during the Iran-Iraq war.
Jihad has become a cliché for the struggle of
radical Muslim forces against mostly Western powers.
The criteria for engaging in a just war, first summed up by Dutch
philosopher Hugo Grotius in the seventeenth century and drawing
on older, medieval Catholic theologians, consists of seven elements:
(1) that there be a just cause; (2) that there is a right authority
(legitimate sovereign) to initiate the war; (3) a right intention
on the part of the parties using force; (4) that the resort to force
be proportional; (5) that force be a last resort; (6) that war is
undertaken with peace as its goal (not for its own sake); (7) and
that there be a reasonable hope of success.
More recently, the term just war has been largely replaced by the
term legitimate use of force. The principles of just war today are
contained in the United Nations Charter, which reaffirms the inadmissability
of the acquisition of territory by force. Although conquest was
legally prohibited in Europe in the mid-nineteenth century, European
powers compensated by engaging in conquests abroad. Within Europe
there remained a branch of thought, largely Prussian, which continued
to argue that the principle of conquestmight is rightprovided
ample cause for a just war. This school of thought lost all legitimacy
as a result of World War II.
Today, a just war is commonly understood to mean one that is fought
in self-defense, as authorized in Article 51 of the UN Charter.
This is the one principle that has been clearly defined and consistently
emphasized throughout the history of just war theory. The United
Nations General Assembly also has set out a comprehensive and strict
definition of illegal aggression and
justified self-defense.
A non-Western, indeed predominantly anti-Western, school of thought
on just war thinkingthe doctrine of national self-determinationarose
out of the struggles for colonial emancipation. The United Nations
went some way toward endorsing this doctrine through General Assembly
resolutions of the 1960s. The justification for launching military
action in the Gulf War, conveyed in the preambles to numerous Security
Council resolutions, also relied upon principles of just war as
espoused in the UN Charter.
(See crimes against peace;
jus ad bellum/jus in bello.)

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