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Topic: Jus Ad Bellum


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In the News (Sat 11 Oct 08)

  
  Jus ad bellum - Wikipedia, the free encyclopedia
Jus ad bellum (Latin for "Law to War"; see also the Just War Theory) are a set of criteria that are consulted before engaging in war, in order to determine whether entering into war is justifiable.
Jus ad bellum is sometimes considered a part of the laws of war, although the term "laws of war" can also be considered to refer to jus in bello, which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just).
Doctrines concerning the protection of civilians in wartime, or the need for "proportionality" when force is used, are addressed to issues of conduct within a war, but the same doctrines can also shed light on the question of when it is lawful (or unlawful) to go to war in the first place.
en.wikipedia.org /wiki/Jus_ad_bellum   (442 words)

  
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Theorists distinguish between the rules of jus ad bellum and jus in bello.
The rules of jus ad bellum pertain to the circumstances under which states can acceptably wage war, while the rules of jus in bello serve as guidelines for fighting fairly once war has begun.
Formulated in international law and recognized by most cultures, the rules of jus ad bellum serve as principles to determine when war and the use of violence are justifiable.
www.beyondintractability.org /m/jus_ad_bellum.jsp   (2572 words)

  
 U.S. Military Intervention In Crisis   (Site not responding. Last check: 2007-09-16)
jus ad bellum law is really a precautionary principle, allowing the use of force only as a last resort and only to a degree proportionate to that which is needed to bring about peace, it provides a framework with greater space for individual and cumulative deliberation than other more structurally-bound approaches.
jus ad bellum is closely associated with what he terms the “theory of aggression”—that is, that a war is justifiable if it is embarked upon to fight against aggression, to enforce norms or laws against aggression, or to punish aggressors.
H3: The impact of the principles of jus ad bellum on the probability of the U.S. to employ military force in a Cold War-era intervention is not significantly affected by regional hegemony, structural realist, or ideological conflict considerations.
www.isanet.org /noarchive/michaelbutler.html   (7114 words)

  
 Jus ad bellum -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-09-16)
These terms are used in discussions of (The body of laws governing relations between nations) international law and (The rational investigation of questions about existence and knowledge and ethics) philosophy.
The august solemnity of Latin confers on the terms jus ad bellum and jus in bello the misleading appearance of being centuries old.
The concept of just war and the term bellum justum dates to St. Augustine of Hippo in the (additional info and facts about fifth century) fifth century.
www.absoluteastronomy.com /encyclopedia/j/ju/jus_ad_bellum.htm   (213 words)

  
 Just War Theory [Internet Encyclopedia of Philosophy]
In such cases, the ethic of war is considered, or is implicitly held to be, beyond the norms of peaceful ethics and therefore deserving a separate moral realm where "fair is foul and foul is fair" (Shakespeare, Macbeth I.i).
A third principle can be added to the traditional two, namely the principle of responsibility, which demands an examination of where responsibility lies in war.
Jus In Bello requires that the agents of war be held responsible for their actions.
www.iep.utm.edu /j/justwar.htm   (3893 words)

  
 The Agonist: Jus ad Bellum and Jus in Bello
The Agonist: Jus ad Bellum and Jus in Bello
Jus in bello establishes the norms that govern the use of force in wartime.
These are important to the conduct of war and the distinction between jus ad bellum and jus in bello will be elaborated upon--especially for the hard left--later.
www.agonist.org /archives/000612.html   (354 words)

  
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Jus in bello also requires that the agents of war be held responsible for their actions.
Some just war theorists have added the further stipulation that the foreseeable threat posed to civilian lives be reduced as far as possible and every effort taken to avoid killing them.[16] Most agree that the deaths of civilians are justified only if they are unavoidable victims of a deliberate attack on a military target.
Just as the jus ad bellum principle of right intention suggests that wars must be fought for limited objectives, the notion of limited war suggests that there must be restraint with regard to the quantity and quality of weaponry used during warfare.[25] First, weapons that do not discriminate between combatants and non-combatants cannot be used.
www.beyondintractability.org /m/jus_in_bello.jsp   (3123 words)

  
 Just War theory - Wikipedia, the free encyclopedia
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 it is right to do in using such force (the concern of jus in bello).
Jus post bellum concerns the regulation of the process of terminating war, and the transition from war to peace.
In modern warfare, proportionality as prescribed in jus in bello can be difficult to achieve, due to the tendency of placing military targets within civilian areas.
en.wikipedia.org /wiki/The_Just_War_Theory   (2056 words)

  
 Bellum Justum   (Site not responding. Last check: 2007-09-16)
Jus ad Bellum has thus historically allowed for war in order to create or enhance just institutions.
This Principle of Double Effect attempts to morally sanction unintended, at its clearest unanticipated, noncombatant suffering and death or as the military describes "collateral damage." Thus, the moral repulsiveness of using human shields is a direct reflection of violations of the Principle of Discrimination and the Principle of Double Effect.
Just War Doctrine is an evolving conceptual framework for adding coherence to myriad facts and values so that humans can formulate warranted moral positions to do that which, in a perfect world, no one would be obligated to do.
www.cpesbcc.net /whitebellum.htm   (1464 words)

  
 Iasiello   (Site not responding. Last check: 2007-09-16)
While the criteria applied to jus in bello are not as numerous as those of jus ad bellum, they are just as vital to the attainment of the ultimate goal of any just war (bellum justum)—the establishment of a just peace.
From war’s inception (jus ad bellum) and throughout its prosecution (jus in bello), the goal of all should be the establishment of a just and lasting peace.
The post bellum period usually begins with a cease-fire, armistice, or surrender; if the terms and circumstances are just, they may help a former enemy move beyond the devastation of the present to eventual healing and success post bellum.
www.nwc.navy.mil /press/Review/2004/SummerAutumn/art3-sa04.htm   (7339 words)

  
 Interpreting
The jus in hello criterion of discriminationprohibits,                                       absolutely, killing or allowing innocents to be killed in war.
Once a just war begins, i.e., one that satisfies the jus ad bellum criteria, the sets of prohibited actions and of protected individuals are empty-innocents may intentionally be killed.
The jus in hello criterion of discrimination, plus the DDE and the POPLF, prohibits absolutely, (1) the intentional killing or allowing innocents to be killed in war and (2) the unintentional, though foreseeable, killing or allowing innocents to be killed in war in numbers that are disproportionate to the defended values.
www.svaphilosopher.com /Interpreting.html   (4305 words)

  
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Military Means to Political Ends: Jus in bello Even in the case of wars that meet all the jus ad bellum criteria, the other set of criteria remains in force.
The ad hoc establishment of international war crimes (and genocide) tribunals also helps establish the precedent that soldiers are answerable to higher authorities than their governments. 2.
In conformity with the jus in bello principles and the laws of war, no attempt should have been made to annihilate these forces, but they should have been given the choice between surrendering their weapons and be immediately released or retreating with their weapons.
www.comw.org /pda/fulltext/0008moeller.doc   (6502 words)

  
 Crimes Of War Project > The Book
Jus (or ius) ad bellum is the title given to the branch of law that defines the legitimate reasons a state may engage in war and focuses on certain criteria that render a war just.
Jus in bello, by contrast, is the set of laws that come into effect once a war has begun.
This branch of law relies on customary law, based on recognized practices of war, as well as treaty laws (such as the Hague Regulations of 1899 and 1907), which set out the rules for conduct of hostilities.
www.crimesofwar.org /thebook/jus-ad-bellum.html   (338 words)

  
 Just War Theory and International Law Enforcement: A Reflective Equilibrium   (Site not responding. Last check: 2007-09-16)
Jus ad bellum, justice for war, concerns the justification for the resort to war.
Jus in bello, justice in war, concerns the means employed in the conduct of the actual fighting of the war.
Jus post bellum, justice after the war, concerns the just termination for war.
atlas.usafa.af.mil /jscope/JSCOPE03/Zupan03.html   (10039 words)

  
 New Page 1   (Site not responding. Last check: 2007-09-16)
According to Just War Theory, statesmen and soldiers are required to wage war according to the rules of Jus ad bellum and Jus in bello.
For example, you may think certain conditions of jus ad bellum or jus in bello can be weakened or dismissed (perhaps due to extenuating circumstances).
Your job is to give a philosophical analysis of jus in bello and then apply this analysis of jus in bello to an actual situation.
www.eden.rutgers.edu /~jfd/war.htm   (595 words)

  
 Jus ad Bellum: Law Regulating Resort to Force - Human Rights Magazine, Winter 2003
Now invoked as a basis for the country to wage war on Iraq, the doctrine is incompatible with international legal constraints on resort to force, traditionally known as jus ad bellum.
Adopted in the wake of World War II and proclaiming the determination “to save succeeding generations from the scourge of war,” the United Nations Charter (Charter) established a prohibition on the use of force to resolve disputes among states.
This is true even though expanding the scope of self-defense was not necessary to legitimize the military operations undertaken in Afghanistan in response to the attacks; these are generally acknowledged to fall under the existing right of self-defense.
www.abanet.org /irr/hr/winter03/lawregulatingresorttoforce.html   (2106 words)

  
 Rodger A. Payne's Blog: Jus Intra Belligerans
Traditionally, Just War Theory is divided into two general categories: jus ad bellum, or the justice of having this conflict at all, and jus in bello, or the justice of its prosecution.
In my public lectures I added to this mix by examining more deeply than usual one traditional Jus ad bellum criterion: that only a legitimate ruler may declare war.
So this flavor of Jus demands that the warring party not only be legitimate at the start of the war but remain so throughout.
rpayne.blogspot.com /2004/07/jus-intra-belligerans.html   (666 words)

  
 Apply Just War Tradition to Your Service as a Leader and the Profession of Arms
Conditions: Given a requirement to explain why we (the United States military) are right in going to war (Jus Ad Bellum) or to explain why we are waging war rightly (Jus In Bello).
Brief Soldier: Tell the soldier that he/she will be evaluated on their ability to state his/her moral justification for both going to war (Jus Ad Bellum) and for actions in war (Jus In Bello) by accurately applying the tenets of the Just War Traditions.
Tell the soldier that he or she will be required to correctly respond on at least 75 percent of the performance measures to receive a GO on the task.
www.atsc.army.mil /itsd/comcor/cg1131s.htm   (479 words)

  
 Birth of a Nation:   (Site not responding. Last check: 2007-09-16)
jus ad bellum transgressions, and, in the second political leaders were directly influencing
jus ad bellum issues resolved and the conflict formally just by the time the mission is handed over to them.
jus ad bellum issues and military leaders have (ostensibly) the moral agency and moral responsibility for
atlas.usafa.af.mil /jscope/JSCOPE05/Challans05.html   (3238 words)

  
 biology - Casus belli
Casus belli is a Latin expression from the international law theory of Jus Ad Bellum.
However formal declarations of war are rare nowadays, and casus belli is now widely used to simply mean a nation's motives for going to war, without reference to any formal documents or proposed means of redress, and sometimes without even implying that these motives are just.
Adding to the confusion, the term is widely misspelled as causus belli which is translated as "cause of war".
www.biologydaily.com /biology/Casus_belli   (218 words)

  
 INTS  4935
We will also examine the work of the ad hoc tribunal for former Yugoslavia and address the issues of landmines and the abuse of women in war.
Topics covered will include an overview of historical regulation of armed conflict, the relationship between jus ad bellum and jus in bello, and an overview of the development of modern humanitarian law.
We will examine the way differences between the statutes for the ad hoc tribunal and the Nuremberg tribunal, normative impact of the tribunal and the Tadic jurisdictional challenge.
www.du.edu /~jdonnell/syllabi/4935_sp01.htm   (2549 words)

  
 Just War Theory   (Site not responding. Last check: 2007-09-16)
The Crimes of War Project is a collaboration of journalists, lawyers and scholars dedicated to raising public awareness of the laws of war and their application to situations of conflict.
Argues that moral ambiguity should be added as a criteria to determine if a military action is just.
Origin of the Twin Terms "Jus ad Bellum/Jus in Bello." Geneva, Switzerland, ICRC, October 31, 1997.
www.au.af.mil /au/aul/bibs/just/justwar.htm   (2457 words)

  
 The Agonist: Normative Considerations
Posted by: Donald Sensing on February 19, 2003 02:32 PM Proportionality falls into the 'limited objectives' category.
Proportionality also comes into play in the 'jus in bello' rules of war.
But I am not quite there with 'jus in bello'.
www.agonist.org /archives/000593.html   (711 words)

  
 Notes on Rights-Based Just War Theory
The traditional parts of JWT, jus ad bellum and jus in bello, are necessary not sufficient
They should be complemented by a theory of jus post bellum.
A set of criteria for just interventions at each level should be developed on analogy with the criteria for jus ad bellum below.
www.wku.edu /~jan.garrett/ethics/jwtbhrts.htm   (1131 words)

  
 Frederick K. Cox International Law Center War Crimes Research Portal - Search Results
He compares Jus ad Bellum and Jus in Bello.
He lists and explains the traditional components of Jus ad Bellum.
He outlines his argument in to fundamental moral principles, jus ad bellum considerations, jus in bello considerations, and the moral status of the adversary.
lawwww.cwru.edu /war-crimes-research-portal/links.asp?id=12   (653 words)

  
 'Just War' Tradition in Today's World
"Origin of the Twin Terms Jus ad Bellum/Jus in Bello" International Review of the Red Cross no 320, October 31, 1997, 553-562.
Fletcher, Mary B. The United States' Resort to jus ad bellum: A Legal Analysis.
"Terrorism, Counter-Terrorism and the jus in bello." In Terrorism and International Law: Challenges and Responses.
newark.rutgers.edu /~natalieb/justwar.htm   (906 words)

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