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Jus in Bello: Additional Resources
These references supplement the Knowledge Base Essay, Jus in Bello.
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Additional Explanations of the Underlying Concepts:
Online (Web) Sources
"A Toolbox to Respond to Conflicts and Build Peace." , 2002 Available at: Primary Link [Backup Link] This page offers 24 tools to use when responding to conflict and building peace. These are categorized in the following way: official diplomacy, economic and social measures, non-official conflict management, political development and governance, military measures, and communication and education. The page also has a glossary of terms common to the field. This site focuses on the Horn of Africa, but is applicable to all situations. Moseley, Alex. "Just War Theory." , 2001 Available at: http://www.utm.edu/research/iep/j/justwar.htm [Backup Link] This article outlines the principles of jus ad bellum and jus in bello that form contemporary just war theory. After discussing the history of just war doctrine, Moseley examines the rules that govern the justice of waging war: just cause, right intention, reasonable chance of success, and proportionality. He goes on to discuss the rules of just and fair conduct during war: discrimination and proportionality. Reilly, David. "Peace Through Coercion: The Effect of Foreign Military Intervention on Democratization and War." Online Journal of Peace and Conflict Resolution, Vol.2, No. 1 , March 1999 Available at: http://www.trinstitute.org/ojpcr/2-1reilly.htm [Backup Link] This research attempts to gauge the effect of military intervention on the probability of a transitioning state engaging in interstate war. By including the variable of military intervention in the analysis, it is anticipated that a clearer indication of the dynamics involving regime transformation and conflict will result.
Offline (Print) Sources
Hartigan, Richard Shelly. "Francesco de Vitoria and Civilian Immunity." Political Theory 1:1, February 1973. Hartigan argues that the intentional use of destructive weapons that indiscriminately kill the armed and unarmed alike is avoidable. Wars can be waged that distinguish combatants from non-combatants. This article discusses the origin of the notion of civilian immunity, as well as efforts to protect it. Dubik, James M. "Human Rights, Command Responsibility, and Walzer's Just War Theory." Philosophy and Public Affairs 11:4, 1982. This article discusses Michael Walzer's theory of jus in bello and its emphasis on human rights and command responsibility. Dubik argues that Wazler's theory leaves the tension between these notions unresolved, and attempts to formulate a richer account of command responsibility that balances "due care" owed to civilians with "due risk" expected from soldiers. Walzer, Michael. Just and Unjust Wars: A Moral Argument with Historical Illustrations, 3rd Edition. New York: Basic Books, January 2000. This book draws upon historical illustrations to examine the moral issues of warfare. Walzer rejects the notion that 'anything goes' in war, and establishes a 'legalist paradigm' whereby the crime of international aggression is analogous to domestic crime. He suggests that states' rights to territorial integrity and political sovereignty, which are derived from the consent of the governed, must be upheld if a war is to be just. Luban, David. "Just War and Human Rights." Philosophy and Public Affairs 9:2, 1980. Luban explores the United Nations' conception of the crime of aggression and rejects the idea that all states have a duty of non-intervention into the affairs of other states. He maintains that such a duty exists only toward states that are legitimate, and that our concept of state sovereignty must take issues of moral legitimacy into account. Clear evidence can exist that a state is not based on the consent of its members. Furthermore, because states' rights are derived from human rights, it is better to think about all of these issues not in terms of crimes against the state, but rather as crimes against its citizens. Primary Link [Backup Link] Johnson, James Turner. Just War Tradition and the Restraint of War: A Moral and Historical Inquiry. New Jersey: Princeton University Press, 1981. This book explores the history of just war theory and the development of this tradition over time. It discusses various approaches to the restraint of war, beginning with the tradition of the Middle Ages and ending with the traditions of contemporary warfare. Johnson looks to both religion and natural law to make sense of the ethics of war. Smith, Dan. "Just War, Clausewitz, and Sarajevo." Journal of Peace Research 31:2, May 1994. This article examines just war theory in relation to the question of United Nations intervention. It discusses the assumption that armed forces can be used for moral purposes and aimed at humanitarian intervention. In addition, it explores the relationship between means and ends, between the justice of one's tactics and the justice of one's cause. Because just war tradition requires both that means and objectives be just, there are serious questions surrounding the legitimacy of humanitarian interventions. Primary Link [Backup Link] Regan, Richard J. Just War: Principles and Cases. Washington, D.C.: Catholic University of America Press, September 1996. Most individuals recognize a moral obligation to avoid the evils of war. But in the face of "ethnic cleansing" in Bosnia or starvation in Somalia, is war ever justified? In this book, Richard J. Regan confronts these controversial questions by considering the basic principles of just-war theory and applying those principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. The just cause to wage war, the moral limits of war conduct, and the moral issue of using nuclear weapons are also discussed. In considering acceptable war conduct, Regan elaborates the specific principles of discrimination and proportionality. The second part of the book applies just-war principles to case studies of eight historical wars. Gardam, Judith Gail. "Proportionality and Force in International Law." American Journal of International Law 87:3, July 1993. Proportionality is a fundamental principle in both jus ad bellum and jus in bello. In the law of armed conflict, this principle expresses the idea that "belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy." (Gardam) However, the relationship between this notion of proportionality and that found in jus ad bellum has gone largely unexplored. In fact, however, the legality of a state's resort to force often affects its perception of the means it can use to achieve its goals. This article discusses how the two concepts of proportionality are connected. Green, L.C. The Contemporary Law of Armed Conflict. Canada: Manchester University Press, 1993. This book outlines the various treaties and charters that form international humanitarian law and the law of armed conflict. It goes on to explain the historical sources of such law, including the existence of chivalry in the Middle Ages and the first modern codes of war. Finally, it outlines the existence of current laws governing the commencement and termination of hostilities, who counts as lawful combatants, and the actions that may legally be undertaken during warfare. Ramsey, Paul and Stanley Hauerwas. The Just War: Force and Political Responsibility. Rowman & Littlefield, July 2002. In the wake of Operation Desert Storm, the question of "just war" has become a hotly contested issue, and 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. In defending just war against Christian pacifism, Ramsey joins a line of theological reasoning that traces its antecedents to Saint Augustine and Saint Thomas Aquinas. Ramsey argues that decisions regarding war must be governed by "political prudence." Whether a particular war should be fought, and at what level of violence, depends, Ramsey writes, on one's count of the moral costs and benefits. Characterized by a sophisticated yet back-to-basics approach, his analysis begins with the assumption that force is a fact in political life which must either be reckoned with or succumbed to. He 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." Weiss, Thomas G. and Don Hubert. "The Responsibility to Protect: Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty." Canada: International Development Research Centre, 2001. This supplementary volume to the Commission's Report explores the issue of humanitarian intervention a way to address human rights violations. If an intervention is to be just, parties must be extremely careful not to use tactics that lead to even further violations.
Examples Illustrating this Topic:
Online (Web) Sources
"Alternative Dispute Resolution in International Contracts." , 1900 Available at: http://www.mac.doc.gov/nafta/contract.htm [Backup Link] This brochure outlines some of the possible methods of ADR available to parties contracting within the NAFTA region. It provides model clauses that may be inserted into contracts, as well as a description of additional matters that may be effectively included in such clauses. It also describes the principal arbitration institutions available in the NAFTA region and some criteria to aid the parties in choosing which institution may be most appropriate for the particular contract, if the parties decide to use an institution to administer the arbitration. Goldman, Robert K. "Certain Legal Questions and Issues Raised by the September 11th Attacks." , 2001 Available at: http://www.wcl.american.edu/hrbrief/09/1sept.cfm [Backup Link] This article raises legal questions that come about from the September 11th terrorist attacks. It discusses, 'two separate, but interrelated branches of international law: the law governing the resort to armed force, and the law applicable to the conduct of hostilities,' (Robert Goldman). Neethling, Theo. "Military Intervention in Lesotho: Perspectives on Operation Boleas and Beyond." Online Journal of Peace and Conflict Resolution, Vol. 2, No. 2 , May 1999 Available at: http://trinstitute.org/ojpcr/2-2neethling.htm [Backup Link] This paper is an attempt to shed some light on a number of issues featured in the public debate in South Africa on Operation Boleas. Furthermore, an attempt will be made to provide perspectives from a military viewpoint, with special reference to the South African forces that participated in the operation, as well as the context in which the operation took place.
Offline (Print) Sources
Roberts, Adam. "The Laws of War in the 1990-91 Gulf Conflict." International Security 18:3, January 1994. This article discusses contemporary conceptions of warfare in relationship to the conflict in the Gulf. This war gave rise to questions surrounding the treatment of hostages, attacks on civilians, use of chemical weapons, and destruction of the environment. It also raised questions about whether the laws of war can effectively restrain and limit war. Roberts discusses how these laws might be made more effective in action, and what how to address violations of these laws.
Audiovisual Materials on this Topic:
Offline (Print) Sources
The Pinochet Case. Directed and/or Produced by: Guzman, Patricio. First Run Icarus Films. 2001. This film addresses the issue of Jus in Bello as it follows the international criminal case against Augusto Pinochet of Chile. Primary Link [Backup Link] The Trials of Henry Kissinger. Directed and/or Produced by: Gibney, Alex and Eugene Jarecki. First Run Icarus Films. 2002. This film focuses on Henry Kissinger and documents the role he played in Vietnam, Indonesia, and Chile. It then asks the question, "Is the former Secretary of State and Nobel Peace Prize winner also a war criminal under international law?" Primary Link [Backup Link] |
