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The Just War Tradition and the Customary Law of Armed Conflict: Justice in the Shadow of War

Gary Cox

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Published in The Legitimate Use Of Military Force: The Just War Tradition And The Customary Law Of Armed Conflict (Justice International Law And Global Security)

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The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict (Justice, International Law and Global Security)

by Rachel Winston

4 out of 5

Language	:	English
File size	:	9853 KB
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Print length	:	320 pages
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In the face of war's horrors, can there be such a thing as a "just" war? And if so, what are the moral and legal principles that should guide the conduct of armed conflict?

For centuries, philosophers and theologians have grappled with these questions, developing the Just War Tradition. This body of thought provides a framework for assessing the morality of war and the conduct of hostilities.

In recent decades, the Just War Tradition has been increasingly applied to the development of the Customary Law of Armed Conflict. This body of law sets out the rules that govern the conduct of war, binding all states regardless of whether they have signed any treaties.

The Just War Tradition and the Customary Law of Armed Conflict are essential tools for understanding the ethics and law of war. They provide a moral and legal framework for decision-making in the midst of conflict, helping to ensure that war is waged with justice and humanity.

The Just War Tradition

The Just War Tradition is a set of moral principles that guide the decision to go to war and the conduct of hostilities. It is based on the idea that war is a necessary evil that should only be used as a last resort, and that it must be waged with justice and humanity.

The Just War Tradition has its roots in ancient Greek and Roman thought, and it was further developed by Christian theologians in the Middle Ages. The tradition has been influential in the development of international law, and it continues to be debated by philosophers and theologians today.

The Just War Tradition is based on the following principles:

* Jus ad bellum: This refers to the justice of the decision to go to war. A war is only just if it is waged for a just cause, such as self-defense or the defense of others from aggression. * Jus in bello: This refers to the justice of the conduct of hostilities. War must be waged with justice and humanity. This means that civilians and non-combatants must be protected, and that the use of force must be proportionate to the military objective.

The Customary Law of Armed Conflict

The Customary Law of Armed Conflict (LOAC) is a body of law that governs the conduct of war. It is binding on all states, regardless of whether they have signed any treaties.

The LOAC is based on the Just War Tradition, and it sets out the rules that govern the use of force, the protection of civilians, and the treatment of prisoners of war. The LOAC is essential for ensuring that war is waged with justice and humanity.

The LOAC includes the following rules:

* The principle of distinction: This principle requires that parties to a conflict distinguish between civilians and combatants. Civilians must not be targeted for attack, and they must be protected from the effects of hostilities. * The principle of proportionality: This principle requires that the use of force be proportionate to the military objective. Indiscriminate or excessive force must not be used. * The principle of humanity: This principle requires that parties to a conflict treat their enemies with humanity. Prisoners of war must be treated with respect, and they must not be tortured or killed.

The Just War Tradition and the Customary Law of Armed Conflict in Practice

The Just War Tradition and the Customary Law of Armed Conflict have been applied to a wide range of conflicts, from the Crusades to the modern era. These principles have helped to ensure that war is waged with justice and humanity.

For example, the Just War Tradition was used to justify the Allied invasion of Nazi Germany in World War II. The Allies argued that they were fighting a just war because they were defending themselves from aggression and because they were fighting to liberate the oppressed peoples of Europe.

The Customary Law of Armed Conflict was used to guide the conduct of hostilities in World War II. The Allies were careful to avoid targeting civilians, and they treated prisoners of war with humanity. This helped to ensure that the war was waged with justice and humanity.

The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict (Justice, International Law and Global Security)

by Rachel Winston

4 out of 5