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)

The theory of the just war is embedded in a venerable tradition, yet it is marked today by an ambivalence between ethical reflection and rhetorical justification. Rather than abandoning the tradition, however, I would argue that what is needed is a reinterpretation of just-war thinking, not only to prevent misuse of the theory to justify national interests, but also to expand the theory's scope and allow it to address the issue of a sustainable post-war peace.

Modern warfare cannot be conducted without civilians being killed. In order to reconcile this fact with the principle of discrimination in just war theory, the principle is applied through the doctrine of double effect. But this doctrine is morally inadequate because it is too permissive regarding the risk to civilians. For this reason, Michael Walzer has suggested that the doctrine be supplemented with what he calls the idea of double intention: combatants are not only to refrain from intending to harm (...) civilians; they are also to take precautions to reduce risk to civilians, even at the expense of increasing risk to themselves. The article develops the idea of double intention by addressing two questions: What does it mean to intend to reduce civilian risk, and how much should civilian risk be reduced? The results of this discussion are then used to consider a moral issue that arises in technologically asymmetric warfare, namely, the extent to which the use of precision-guided munitions, which allow more accurate targeting, can by itself bear the moral burden imposed by the principle of discrimination. (shrink)

With a new foreword by noted theologian and ethicist Stanley Hauerwas, this classic text on war and the ethics of modern statecraft written at the height of the Vietnam era in 1968 speaks to a new generation of readers. Characterized by a sophisticated yet back-to-basics approach, The Just War begins with the assumption that force is a fact in political life which must either be reckoned with or succumbed to. It then grapples with modern challenges to traditional moral principles of (...) "just conduct" in war, the "morality of deterrence," and a "just war theory of statecraft.". (shrink)