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logians based themselves on the just war theory each group seeking to prove that it applied to the war waged by its own side 55 contemporary catholic doctrine edit the just war doctrine of the catholic church found in the 1992 catechism of the catholic church in paragraph 2309 lists four strict conditions for legitimate defense by military force 56 57 the damage inflicted by the aggressor on the nation or community of nations must be lasting grave and certain all other means of putting an end to it must have been shown to be impractical or ineffective there must be serious prospects of success the use of arms must not produce evils and disorders graver than the evil to be eliminated the compendium of the social doctrine of the church elaborates on the just war doctrine in paragraphs 500 to 501 while citing the charter of the united nations 58 if this responsibility justifies the possession of sufficient means to exercise this right to defense states still have the obligation to do everything possible to ensure that the conditions of peace exist not only within their own territory but throughout the world it is important to remember that it is one thing to wage a war of self defense it is quite another to seek to impose domination on another nation the possession of war potential does not justify the use of force for political or military objectives nor does the mere fact that war has unfortunately broken out mean that all is fair between the warring parties the charter of the united nations is based on a generalized prohibition of a recourse to force to resolve disputes between states with the exception of two cases legitimate defence and measures taken by the security council within the area of its responsibilities for maintaining peace in every case exercising the right to self defence must respect the traditional limits of necessity and proportionality therefore engaging in a preventive war without clear proof that an attack is imminent cannot fail to raise serious moral and juridical questions international legitimacy for the use of armed force on the basis of rigorous assessment and with well founded motivations can only be given by the decision of a competent body that identifies specific situations as threats to peace and authorizes an intrusion into the sphere of autonomy usually reserved to a state compendium of the social doctrine of the church 58 pope john paul ii in an address to a group of soldiers noted the following 59 peace as taught by sacred scripture and the experience of men itself is more than just the absence of war and the christian is aware that on earth a human society that is completely and always peaceful is unfortunately an utopia and that the ideologies which present it as easily attainable only nourish vain hopes the cause of peace will not go forward by denying the possibility and the obligation to defend it evangelical lutheran churches edit the evangelical lutheran churches affirm just war doctrine it was formulated by martin luther a war can be considered just if it has just authority this means that it has the injunction of the god given calling of ruler emperor head of state and bearer of the sword in the civil realm a just war must have just cause and right intention just war is defensive whereas unjust war is offensive 60 martin luther states that worldly government has not been instituted by god to break the peace and start war but to maintain peace and to avoid war 60 in a just war combatants should be distinguished from non combatants when victory has been achieved one should offer mercy and peace to those who surrender and humble themselves 60 christians according to evangelical lutheran theology are not obligated to obey civil authorities when they wage a war that is unjust since moral duty requires obedience to god above all 60 russian orthodox church edit the war and peace section in the basis of the social concept of the russian orthodox church is crucial for understanding the russian orthodox church s attitude towards war the document offers criteria of distinguishing between an aggressive war which is unacceptable and a justified war attributing the highest moral and sacred value of military acts of bravery to a true believer who participates in a justified war additionally the document considers the just war criteria as developed in western christianity to be eligible for russian orthodoxy therefore the justified war theory in western theology is also applicable to the russian orthodox church 61 in the same document it is stated that wars have accompanied human history since the fall of man and according to the gospel they will continue to accompany it while recognizing war as evil the russian orthodox church does not prohibit its members from participating in hostilities if there is the security of their neighbours and the restoration of trampled justice at stake war is considered to be necessary but undesirable it is also stated that the russian orthodox church has had profound respect for soldiers who gave their lives to protect the life and security of their neighbours 62 just war tradition edit the just war theory propounded by the medieval christian philosopher thomas aquinas was developed further by legal scholars in the context of international law cardinal cajetan the jurist francisco de vitoria the two jesuit priests luis de molina and francisco suárez as well as the humanist hugo grotius and the lawyer luigi taparelli were most influential in the formation of a just war tradition the just war tradition which was well established by the 19th century found its practical application in the hague peace conferences 1899 and 1907 and in the founding of the league of nations in 1920 after the united states congress declared war on germany in 1917 cardinal james gibbons issued a letter that all catholics were to support the war 63 because our lord jesus christ does not stand for peace at any price if by pacifism is meant the teaching that the use of force is never justifiable then however well meant it is mistaken and it is hurtful to the life of our country 64 armed conflicts such as the spanish civil war world war ii and the cold war were as a matter of course judged according to the norms as established in aquinas just war theory by philosophers such as jacques maritain elizabeth anscombe and john finnis 49 the first work dedicated specifically to just war was the 15th century sermon de bellis justis of stanisław of skarbimierz 1360 1431 who justified war by the kingdom of poland against the teutonic knights 65 francisco de vitoria criticized the conquest of america by the spanish conquistadors on the basis of just war theory 66 with alberico gentili and hugo grotius just war theory was replaced by international law theory codified as a set of rules which today still encompass the points commonly debated with some modifications 67 just war theorists combine a moral abhorrence towards war with a readiness to accept that war may sometimes be necessary the criteria of the just war tradition act as an aid in determining whether resorting to arms is morally permissible just war theories aim to distinguish between justifiable and unjustifiable uses of organized armed forces they attempt to conceive of how the use of arms might be restrained made more humane and ultimately directed towards the aim of establishing lasting peace and justice 68 the just war tradition addresses the morality of the use of force in two parts when it is right to resort to armed force the concern of jus ad bellum and what is acceptable in using such force the concern of jus in bello 69 in 1869 the russian military theorist genrikh antonovich leer ru theorized on the advantages and potential benefits of war 70 the soviet leader vladimir lenin defined only three types of just war 71 but picture to yourselves a slave owner who owned 100 slaves warring against a slave owner who owned 200 slaves for a more just distribution of slaves clearly the application of the term defensive war or war for the defense of the fatherland in such a case would be historically false and in practice would be sheer deception of the common people of philistines of ignorant people by the astute slaveowners precisely in this way are the present day imperialist bourgeoisie deceiving the peoples by means of national ideology and the term defense of the fatherland in the present war between slave owners for fortifying and strengthening slavery 72 the anarcho capitalist scholar murray rothbard 1926 1995 stated that a just war exists when a people tries to ward off the threat of coercive domination by another people or to overthrow an already existing domination a war is unjust on the other hand when a people try to impose domination on another people or try to retain an already existing coercive rule over them 73 jonathan riley smith writes the consensus among christians on the use of violence has changed radically since the crusades were fought the just war theory prevailing for most of the last two centuries that violence is an evil that can in certain situations be condoned as the lesser of evils is relatively young although it has inherited some elements the criteria of legitimate authority just cause right intention from the older war theory that first evolved around ad 400 it has rejected two premises that underpinned all medieval just wars including crusades first that violence could be employed on behalf of christ s intentions for mankind and could even be directly authorized by him and second that it was a morally neutral force that drew whatever ethical coloring it had from the intentions of the perpetrators 74 criteria edit the just war theory has two sets of criteria the first establishing jus ad bellum the right to go to war and the second establishing jus in bello right conduct within war 75 jus ad bellum edit main article jus ad bellum the just war theory directs jus ad bellum to norms that aim to require certain circumstances to enable the right to go to war 76 competent authority only duly constituted public authorities may wage war a just war must be initiated by a political authority within a political system that allows distinctions of justice dictatorships e g hitler s regime or deceptive military actions e g the 1969 us bombing of cambodia are typically considered as violations of this criterion the importance of this condition is key plainly we cannot have a genuine process of judging a just war within a system that represses the process of genuine justice a just war must be initiated by a political authority within a political system that allows distinctions of justice 77 probability of success according to this principle there must be good grounds for concluding that aims of the just war are achievable 78 this principle emphasizes that mass violence must not be undertaken if it is unlikely to secure the just cause 79 this criterion is to avoid invasion for invasion s sake and links to the proportionality criteria one cannot invade if there is no chance of actually winning however wars are fought with imperfect knowledge so one must simply be able to make a logical case that one can win there is no way to know this in advance these criteria move the conversation from moral and theoretical grounds to practical grounds 80 essentially this is meant to gather coalition building and win approval of other state actors last resort the principle of last resort stipulates that all non violent options must first be exhausted before the use of force can be justified diplomatic options sanctions and other non military methods must be attempted or validly ruled out before the engagement of hostilities further in regard to the amount of harm proportionally the principle of last resort would support using small intervention forces first and then escalating rather than starting a war with massive force such as carpet bombing or nuclear warfare 81 just cause the reason for going to war needs to be just and cannot therefore be solely for recapturing things taken or punishing people who have done wrong innocent life must be in imminent danger and intervention must be to protect life a contemporary view of just cause was expressed in 1993 when the us catholic conference said force may be used only to correct a grave public evil i e aggression or massive violation of the basic human rights of whole populations jus in bello edit main article international humanitarian law once war has begun just war theory jus in bello also directs how combatants are to act or should act distinction just war conduct is governed by the principle of distinction the acts of war should be directed towards enemy combatants and not towards non combatants caught in circumstances that they did not create the prohibited acts include bombing civilian residential areas that include no legitimate military targets committing acts of terrorism or reprisal against civilians or prisoners of war pows and attacking neutral targets moreover combatants are not permitted to attack enemy combatants who have surrendered or who have been captured or who are injured and not presenting an immediate lethal threat or who are parachuting from disabled aircraft and are not airborne forces or who are shipwrecked proportionality just war conduct is governed by the principle of proportionality combatants must make sure that the harm caused to civilians or civilian property is not excessive in relation to the concrete and direct military advantage anticipated by an attack on a legitimate military objective this principle is meant to discern the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act military necessity just war conduct is governed by the principle of military necessity an attack or action must be intended to help in the defeat of the enemy it must be an attack on a legitimate military objective and the harm caused to civilians or civilian property must be proportionate and not excessive in relation to the concrete and direct military advantage anticipated jus in bello allows for military necessity and does not favor a specific justification in allowing for counter attack recourse 82 this principle is meant to limit excessive and unnecessary death and destruction fair treatment of prisoners of war enemy combatants who surrendered or who are captured no longer pose a threat it is therefore wrong to torture them or otherwise mistreat them no means malum in se combatants may not use weapons or other methods of warfare that are considered evil such as mass rape forcing enemy combatants to fight against their own side or using weapons whose effects cannot be controlled e g nuclear biological weapons jus post bellum edit main article jus post bellum in recent years some theorists such as gary bass louis iasiello and brian orend have proposed a third category within the just war theory jus po...
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