Legal Definitions - just war

The concept of a just war refers to a set of principles, rooted in ethics, philosophy, and international law, that determine when it is morally and legally permissible for a state to go to war (known as jus ad bellum) and what kinds of conduct are acceptable during warfare (known as jus in bello). These principles aim to limit the resort to war and mitigate its destructive effects by establishing criteria for legitimate reasons to fight, proper authority to declare war, right intentions, proportionality of force, and the protection of non-combatants.

• Example 1: Self-Defense Against Aggression

  Scenario: Country A launches an unprovoked military invasion into Country B, seizing territory and displacing its population. Country B, after appealing to international bodies and attempting diplomatic resolutions without success, mobilizes its armed forces to defend its borders and reclaim its sovereign territory.

  Explanation: This scenario illustrates the "just war" principle of jus ad bellum, specifically the criteria of just cause (self-defense against aggression) and last resort (diplomatic efforts were exhausted). Country B's decision to go to war would be considered just because it is responding to an act of aggression and has tried peaceful alternatives.

• Example 2: Proportionality and Discrimination in Combat

  Scenario: During an ongoing armed conflict, military forces from Country C are engaged in combat within a densely populated urban area. They receive intelligence about an enemy command post located in a residential building. Before launching an attack, the military leadership carefully plans the operation to use precision-guided munitions, issues warnings to nearby civilians if feasible, and aborts the mission if there's an unexpectedly high risk to non-combatants, even if it means losing the tactical advantage.

  Explanation: This example demonstrates the "just war" principles of jus in bello, focusing on discrimination and proportionality in the conduct of war. The military's actions show an effort to distinguish between combatants and non-combatants, avoid civilian casualties, and ensure that the force used is proportionate to the military objective, even at a cost to their own tactical advantage.

• Example 3: Humanitarian Intervention by an International Coalition

  Scenario: An international coalition of nations, acting under a resolution from the United Nations Security Council, deploys troops to a region where a government is systematically committing atrocities against its own ethnic minority population, amounting to genocide. The coalition's stated objective is solely to protect these civilians and stop the mass killings, not to occupy territory or exploit resources.

  Explanation: This scenario highlights several "just war" principles under jus ad bellum. The just cause is the prevention of genocide and humanitarian intervention. The legitimate authority comes from the UN Security Council resolution. The right intention is clearly defined as protecting civilians, not territorial gain or resource acquisition, aligning with the goal of restoring peace and justice.