Syrian civil war started in 2011 was the outcome of the opposition against the President Bashar al-Assad regime. The uprising emerged as a response to the Arab spring movement that lead to regime change in Tunisia and subsequently turned into mass unrest rooted into the discontent with long-term dictatorship and poor economic situation in the country (Manfreda, n.d.). The number of Syrian citizens killed in the civil war reached 140000 since March 2011 (SBS 2014). The European Commission (2014, 2) reports approximately 9.3 million civilians “in need for humanitarian assistance”. The scale of armed rebellion between government and opposition that lead to an increasing number of casualties among civilians did not remain unnoticed by the …show more content…
In the Syrian case only the first part of the theory will be discussed, as it is the only relevant to the current situation. Five main criteria of a just war will be considered:
1. There must be a just cause when resorting to war. This can imply either self-defence actions or be fought in order to provide humanitarian aid to the victims of aggression.
2. War must be waged in accordance with the purpose of establishing justice, expressing the “right intention”.
3. The decision to wage a war must be made by a legitimate authority.
4. “Just war” can be waged only as a last resort, when all other options are insufficient.
5. The reasonable chance of success must be present. Therefore, a “just war” is a winnable war.
6. The good that can be achieved must outweigh deaths and destruction incurred. (International Encyclopedia of the Social Sciences Online 2008)
The “just cause criterion is central in the “just war” doctrine. When assessing the sufficient “just cause” reasons the principle of self-defence is undoubtedly tolerable. It can be extended to the reason of assisting aid to victims of oppression or external threat (Moseley n.d.). Following this principle, the mass murder of the Syrian civilians by the government forces that reached nearly 40000 (Aloyo 2014) create a justified cause for the USA and the international community in general. However, in the case of Syria using forces against the aggression as a whole will be an impossible task, as both parties
The legitimate defense of a nation and the responsibility of the Security Council to take actions in the course of maintaining peace within its areas of influence. With the establishment of United Nations and the modernization of war and its materials; the theories and doctrines of the past also needed to evolve. The modern Just war theory in composed of two principles: jus ad bellum, the right to conduct war, and jus in bello, the correct conduct within war. Each principle also has its own set of criteria to follow. Jus ad bellum contains six: Just cause, right intention, proper authority and public declaration, last resort, probability of success, and proportionality. (Orend, 2006)
Just war encourages peace for all people and indicates that even though it isn’t the best solution, it is still required. Everyone has the duty to stop a potentially fatal or unjust attack against someone else, even if it meant using violence against the attacker. Plus, all states have some important rights that must not be violated by either people or states, so when they’re violated or potentially getting violated, that state is entitled to defend itself through whatever means necessary. Also, the state that did the violating lost their privilege to not have their own rights violated through means of violence. Therefore, just war is ethically permissible.
The just war theory has a long history. Parts of the Bible hint at ethical behavior in war and concepts of just cause, announcing the justice of war by divine intervention.
If a war is to be just then the third condition that must be satisfied is that it must be done with the right intentions. If a nation’s real reason for war is only to further its own interests, or to get back at an enemy, then that war is not considered just. With the just war theory, the only true was to have right intentions is for peace to be the desired outcome. The purpose of humanitarian intervention is to save and protect inferior foreign people, showing that the intentions are right.
According to the Just War theory, just war is separated into two domains. First is the motivation behind entering war, and second is the means used during warfare (Hu, 2). The first judgment signifies justice of war, or jus ad bellum that evaluates the terms of a just versus unjust war. The second signifies justice in war, or jus in bello, which essentially measures whether or not the ends justify the means. The relationship between jus ad bellum and jus in bello are independent of each other, meaning that even if the war passes the judgment of one area, it does not imply justification for the other
Historically, there has been consistent disagreement between political philosophers regarding the possibility of a justification of war. Theorists from Grotius to Gandhi have from time immemorial argued about whether violence can ever be sanctioned as a viable recourse for preventing evil. History itself, at various times, seems to offer lessons regarding the complexity of the issue—demonstrating both the human capacity, if unchecked, to cause immense destruction and evil and the inherent destruction that accompanies the common means of using war and violence to rid the world of such evils. However, it is clear that neither
This theory would categorize the wars as just and unjust, respectively. The Just War Theory has its roots in philosophy and has four major components. For a war to be considered just, the country must have the right to go to war, have a just cause, with just intentions, and it must be the last resort. These guidelines are set into
than Russia so that there is not an unnecessary onslaught. The fourth subcategory for declaring a just war is to have a right intention. An example of going to war over a right intention would be to correct a suffered wrong, an example of this would be an event happening like Pearl Harbor. A right intention cannot be used for purely a material gain. The next criteria for declaring a just war is to use proportionality. Proportionality is using a similar sized force or attack strategy as your opponent. An example of this would be if the United States and Mexico decided to go to war against each other and there has just been small arms fire at the border. As long as one force is not going “overkill” or dropping nukes on a country that does not
The Syrian Civil War has had a profound effect of all Syrians as well as neighbouring countries and the international community. With more than 11 million homeless Syrians comes consequences beyond what most of the world population has ever experienced or anticipated. Of the displaced, almost 5 million are refugees outside Syria and around 6 million have been displaced inside Syria, with half of all displaced Syrians being children. The main causes of displacement amongst the population is the violence committed by all sides of the war, and which often targets civilians or centres of high civilian activity (such as markets, hospitals, schools, workplaces or high density residential areas). One main group heavily affected by the conflict
Each of these rules must be shown and satisfied. “Failure to fulfill even one renders the resort to force unjust, and thus subject to criticism, resistance, and punishment” (Orend 61). Just war theory is meant to be more demanding than international law. Even though the United Nations Security Council (UNSC) agreed to send troops to Somalia, this approving body does not automatically render the gesture moral. One must apply the principals of just war theory first.
The Just War Theory is a set of criteria that are used to judge whether a war is morally justifiable. It was St Augustine in the third century that formulated the Just War theory, and was formalised 10 centuries later by Thomas Aquinas. There are seven criteria by which a war can be judged to be just. Among the rules are Just Cause – there must be a very good reason for going to war, such as protecting your country from invasion. There should be a formal declaration of war by the legal government. It has to be the last resort and all other alternatives must be exhausted. There must be a reasonable chance of success and great care must be
The central claim of just war theorists is that war is a bad thing, but under certain circumstances, it may be justified or even obligatory. They believe, that there must be some constrains on the conduct of war. In other words, just war theory states, that the use of force must be regulated by a set of mutually agreed rules of combat. Just war theory is built on principles of just cause and just means which were eventually developed into the laws of war and that are enforced by military and civilian courts. Just cause refers to the possible justifications for going to war. Just means refers to the limits of what
The rules of jus in bello (or justice in war) serve as guidelines for fighting well once war has begun. Some maintain that morality does not exist in warfare, and therefore object to just war theory. War is hell, the argument goes, and one is entitled to do whatever is necessary to ensure victory for one's own side. Just war theory, on the other hand, sets forth a moral framework for warfare and rejects the notion that "anything goes" during times of war. Belligerent armies are entitled to try to win, but they cannot do anything that is, or seems, necessary to achieve victory. There are restraints on the extent of harm, if any, that can be done to noncombatants, and restraints on the weapons of war. These restraints aim to limit war once it has begun.
There are many questions surrounding the topic of war. Should we fight? How do we win? Why are we fighting? The most debatable question of all is if the war is considered just.
Another principle of just war is reasonable chance of success, these principle advices nations not to resort to war when they see the results will be futile. For example if a small nation is attacked by a greater nation, it should not opt to go to war since it has no chance of success. Such a nation needs to do nothing and hope to make use of diplomatic resolution in the future.