This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

Drawing on Isaiah Berlin's celebrated essay on Tolstoy, this paper poses the question should James Turner Johnson be deemed a hedgehog or a fox? That is, it considers whether Johnson should be regarded as a monist (hedgehog) or a pluralist (fox) in his contribution to the just war tradition. It contends that his commitment to history, while superficially indicative of a hedgehog, serves to conceal a deep-lying pluralism ? or at least the possibility of such ? in his views on (...) the meaning of history. Contrary to initial appearances, then, Johnson's commitment to history is not univocal: it does not speak with one voice, and to one purpose. Rather it suggests a variety of voices or positions, and is amenable to multiple interpretations, not all of which are of a piece with one another. This paper seeks to uncover these various voices or positions, with a view to raising some searching questions pertaining to how we should properly understand the just war tradition today. (shrink)

James Turner Johnson is the foremost scholar of the just war tradition working today. His treatment of the historical development of the just war tradition has been hugely important, influencing a generation of theorists. Despite this, Johnson's work has not generated much in the way of critical commentary or analysis. This paper aims to rectify this oversight. Engaging in a close and critical reading of Johnson's work, it claims that his historical reconstruction of the just war tradition is bounded by (...) two key thematic lines — the imperative of vindicative justice and the ideal of Christian love — and occasionally betrays an excessive deference to the authority of past practice. By way of conclusion, this paper sums up the promise and limits of Johnson's approach, and reflects upon its contribution to contemporary just war scholarship. (shrink)

This article applies jus in bello criteria to a relatively novel tactic in asymmetrical warfare: the attempt by a conventionally weaker force to shape the conditions of combat so that the (morally scrupulous) stronger force cannot advance without violating the rules of war. The weaker side accomplishes this by placing its own civilian population before the attacking force: by encouraging or forcing civilians to be human shields, by launching attacks from civilian areas, by provoking reprisal massacres, by creating humanitarian disasters, (...) and by secreting military targets in civilian neighborhoods. This set of tactics is introduced with historical examples taken from recent conflicts in the Balkans and the Middle East. The paper argues that the doctrine of double effect is largely inapplicable to these tactics due to their publicity-seeking nature; that enemy war crimes do not reciprocally release the attacker from his moral obligations; and that responsibility for vulnerable civilians devolves to anyone with the power to offer them protection. Specific tactical recommendations are generated for situations where the deployment of this tactic can be anticipated, for situations where the attacker is and is not immediately imperiled by its use, and in situations where attempts at discrimination are futile. (shrink)

Abstract Contemporary English and Chinese scholars alike have interpreted Sunzi's Art of War as advocating amoralism in warfare. That charge has a long history in pre-modern China and has not been fully refuted. This essay argues that the alleged amoral Machiavellianism is more appropriate for ancient Qin military thought than for Sunzi. The third chapter of Sunzi's treatise contains a distinctive moral perspective that cannot be found in the military thought of the state of Qin, which succeeded in defeating all (...) other states in the Period of the Warring States. Such a moral perspective contains both ad bellum and in bello norms. I submit that my interpretation of Sunzi's warfare ethics can provide an important resource for the People's Liberation Army of China to construct full-scale just war ethics that is similar to Western understandings. (shrink)

The idea of “just war” is not alien to Chinese thought. The term “yi zhan” (usually translated as “just war” or “righteous war” in English) is used in Mencius, was renewed by Mao Zedong, and is still being used in China today (zhengyi zhanzheng). The best place to start exploring this Chinese idea is in the enormous Art of War corpus in premodern China, of which the Seven Military Classics is the best representative. This set of treatises served as the (...) military bible in imperial China from 1078 CE. Ideas analogous to ius ad bellum and ius in bello can be found in these texts. These norms are present in these military texts, elaborated in subsequent commentaries, understood as a matter of fact in Chinese political history, and recently and briefly acknowledged by a few Chinese military scholars in the mainland and in Taiwan. This Chinese just war ethics has its distinctiveness vis-à-vis James Turner Johnson's articulation of the Western classic view. It differs from Johnson's claims that military lethal violence is intrinsically morally neutral and that last resort is not a primary consideration in deciding for war. Contemporary Chinese People's Liberation Army (PLA) military publications show that the PLA understands the general idea of just war, but they acknowledge only the ad bellum part, not the in bello components. (shrink)

Frequently, the just war principle of noncombatant immunity is interpreted as morally prohibiting the intentional targeting of noncombatants. Apparently, many just war theorists assume that to target means to (intend to) kill. Now that effective nonlethal weapons have been envisaged, it should be evident that there is no conceptual connection between intentionally targeting and intentionally killing. For, using nonlethal weapons, there could be intentional targeting without intentional killing. This paper explores the question of whether the noncombatant immunity principle should be (...) revised, so as to allow uses of nonlethal weapons. Preliminary to answering this question, some other questions are explored, among which are the following. Why should a noncombatant immunity principle be accepted? Why is it morally permissible to intentionally target enemy combatants? Are noncombatants grievously harmed when they are incapacitated by nonlethal weapons? Is it morally permissible to intentionally incapacitate enemy combatants with nonlethal weapons, while knowingly but not intentionally incapacitating noncombatants? In order to focus on moral questions involving nonlethal weapons, questions about their effectiveness or legality are set aside. Instead of the idea of noncombatant immunity as expressed above, a delimited principle of noncombatant immunity is proposed—namely, that, in the conduct of war, the intentional grave injuring or killing of noncombatants is morally prohibited. Also proposed is a principle of noncombatant targeting, which would allow some uses of nonlethal weapons to intentionally incapacitate noncombatants. (shrink)

During the spring of 1981, students enrolled in James Childress’ University of Virginia seminar read a great many of the historic and contemporary treatments of just war and pacifist strands in Chr...

This essay responds to the six essays on my thought above, doing so both directly on particularly important points and indirectly through my own reflections on how I understand my work and its development.

In contrast to the period when the "Journal of Religious Ethics" began publishing, the study of religion in relation to war and connected issues has prospered in recent years. This article examines three collections of essays providing comparative perspectives on these topics, two recently authored studies of Buddhism and Islam in relation to war, and a compendious collection of texts on Western moral tradition concerning war, peace, and related issues from classical Greece and Rome to the present.

One of the most perceptive and ambidextrous social commentators of our day, Augustinian scholar Jean Bethke Elshtain furnishes in ever fresh ways through her writings a bridge between the ancient and the modern, between politics and ethics, between timeless moral wisdom and cultural sensitivity. To read Elshtain seriously is to take the study of culture as well as the "permanent things" seriously. But Elshtain is no mere moralist. Neither is she content solely to dwell in the domain of the theoretical. (...) For it is Elshtain the citizen - the creatively engaged and contributing citizen - whom the reader encounters on virtually every page of her writings. But reader beware: Elshtain does not shy away from controversy. At the same time, she is anything but a controversialist. In the essay that follows, several prominent themes that emerge from Elstain's writings - civic responsibility, justice, gender, and war - are considered afresh. Whether one agrees with her positions or not, one is forced to confess in the end that she cares deeply about the common good. And this alone makes her required reading for any engaged citizen of the republic. (shrink)

Just wars are supposed to be proportional responses to aggression: the costs of war must not greatly exceed the benefits. This proportionality principle raises a corresponding ‘interpretation problem’: what are the costs and benefits of war, how are they to be determined, and a ‘measurement problem’: how are costs and benefits to be balanced? And it raises a problem about scope: how far into the future do the states of affairs to be measured stretch? It is argued here that weapons (...) innovation always introduces costs, and that these costs cannot be determined in advance of going to war. Three examples, the atomic bomb, the AK-47 and the ancient Greek catapult, are given as examples. It is therefore argued that the proportionality principle is inapplicable prospectively. Some replies to the argument are discussed and rejected. Some more general defences of the proportionality principle are considered and also rejected. Finally, the significance of the argument for Just War Theory as a whole is discussed. (shrink)

A statesman's responsibility to act morally while remaining politically fastidious is a primary difficulty in international relations. Theories that provide definitive guidance for political morality are often viewed with suspicion and considered unrealistic. Coll, in opposition to this dismissive approach, sees in the Christian worldview three core values that can be used to discern moral political actions: the importance of history, the ubiquity of tragedy, and practical wisdom. Coll explicates the Christian tradition that informs each of these values and considers (...) their pertinence in international relations today. He goes on to extract some general prescriptions for foreign policy, showing that these core values speak to military action, immigration, foreign aid, and the environment. (shrink)

ABSTRACT One of the most perceptive and ambidextrous social commentators of our day, Augustinian scholar Jean Bethke Elshtain furnishes in ever fresh ways through her writings a bridge between the ancient and the modern, between politics and ethics, between timeless moral wisdom and cultural sensitivity. To read Elshtain seriously is to take the study of culture as well as the “permanent things” seriously. But Elshtain is no mere moralist. Neither is she content solely to dwell in the domain of the (...) theoretical. For it is Elshtain the citizen—the creatively engaged and contributing citizen—whom the reader encounters on virtually every page of her writings. But reader beware: Elshtain does not shy away from controversy. At the same time, she is anything but a controversialist. In the essay that follows, several prominent themes that emerge from Elstain's writings—civic responsibility, justice, gender, and war—are considered afresh. Whether one agrees with her positions or not, one is forced to confess in the end that she cares deeply about the common good. And this alone makes her required reading for any engaged citizen of the republic. (shrink)

This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and if it (...) cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)

Coll sees in the Christian worldview three core values that can be used to discern moral political actions: the importance of history, the ubiquity of tragedy, and practical wisdom.