Critical analysis of development of concept of jus ante bellum.

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.

War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) between different states, like the two World Wars. But just as frequent is war within a state between rival groups or communities, like the American Civil War. Certain political pressure groups, like terrorist organizations, might also be considered “political communities,” in that they are associations of people with a political purpose and, indeed, many of them aspire to statehood or to influence the development of statehood in certain lands. (shrink)

The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (shrink)

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

This article discusses two doctrines of jus ex bello concerning whether and how to end wars. In Section I, I defend the claim that there is a distinct morality of ending wars. Section II rebuts a challenge that the account is too permissive of war. Section III rejects a forward-looking conception of proportionality for jus ex bello. In Section IV, I allow an exception in cases in which the just cause for the war has changed. In Section V, I defend (...) five principles governing how to end a war. (shrink)

This essay addresses two growing edges of the just war tradition. First, theorists have been accused of focusing narrowly on justifying war and governing its conduct, neglecting wider considerations that encompass justice during the years prior to and after war. Second, calling a war "just" allegedly makes it seem "good" so that it is easier to fight a war and to bend or set aside the rules. Based on "imperfect justice," we argue for a "justified" war theory, taking all criteria (...) and categories seriously, including jus ante bellum and jus post bellum. (shrink)

Responding to increasing global anxiety over the ethics education of military personnel, this volume illustrates the depth, rigour and critical acuity of Professional Military Ethics Education (PMEE) with contributions by distinguished ethical theorists. It refreshes our thinking about the axioms of just war orthodoxy, the intellectual and political history of just war theorizing, and the justice of recent military doctrines and ventures. The volume also explores a neglected moral dimension of warfare, jus ante bellum (the ethics of pre-war practices) – (...) particularly jus in disciplina bellica (the ethics of educating for warfare). Using metaphor to exemplify the professionalization of the military, the book exposes ambivalences within military professionals' concepts of their professional responsibilities, analyzes issues of self-respect posed by service in an unjust cause, and surveys the deep conflicts inherent in PMEE. While primarily focused on US military academies, the volume will resonate with those responsible for education in military academies across the globe. (shrink)