The Just War Doctrine

976 Words2 Pages

War, in all its forms, is tragic. International law was created to establish some basis of rules to abide by—including war—and states have signed on to such a contract. The actions of states in this ever globalizing world are difficult to be controlled. The source of international law operates through the hands of the United Nations. The enforcement of the law occurs through reciprocity, collective action, and a display of international norms (Goldstein, p. 254). War in fact has been given a justification, though it is arguable whether or not the basis of the idea is correct. Wars can be just under certain conditions. The just war doctrine was written to define a justification for wars. Ultimately, the legality of wars is laid out by the UN Charter. The just war doctrine divides the laws concerning war into two parts. The first is when war is permissible (jus ad bellum), and the second is how a war is fought (jus in bello). A just war is separated from the principle of an aggressive war; just wars are legal, while wars of aggression are illegal (Goldstein, p.263). Aggression refers to a state using force against another state’s territory or sovereignty. According to the just war theory, although a war of aggression is illegal, a war that is fought in response to aggression is legal. This concept is the only allowable use of military force as stated in the just war doctrine. The just war theory evolves around the concept of aggression. In order for a situation to constitute aggression, the threat or use of force must be clearly visible. Since response to aggression is the only allowable use of military force, it is not legal to attempt to change another states government or their ideals. The UN Charter makes a point that war is no... ... middle of paper ... ...is automatically created whether spoken by the state inhibiting the threat. If no action was taken because states chose to abide by the just war doctrine and disaster occurred, the effects would ultimately be extremely damaging. The principles of just war are useful and practical for the world of today. However, as globalization increases and continues to hone in on states’ affairs, the principle may begin to lose efficiency. If states continue to do their best to abide by international and set a standard for other states, the possibility could result where all states will begin to do so—anything is theoretically possible. The proficiency of the just war doctrine has been has been proving beneficial in keeping states safe, and protecting states’ sovereignty. The just war theory is presently proving beneficial, though through globalization it could become damaging.

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