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Single Idea 23593

[filed under theme 25. Social Practice / E. Policies / 1. War / b. Justice in war ]

Full Idea

Justice of war [ad bellum] and justice in war [in bello] are logically independent. It is perfectly possible for a just war to be fought unjustly, and for an unjust war to be fought in strict accordance with the rules.

Gist of Idea

Jus ad bellum and Jus in bello are independent; unjust wars can be fought in a just way

Source

Michael Walzer (Just and Unjust Wars [1977], 02)

Book Ref

Walzer,Michael: 'Just and Unjust Wars' [Penguin 1984], p.21


A Reaction

The perfect decorum of an unjust firing squad might even make the crime worse. There is something chilling about an evil army conducting itself perfectly within the ethics of warfare. Better than the other thing, though. McMahan disagrees.


The 14 ideas with the same theme [ethics of how wars are fought]:

Our obedience to the king erases any crimes we commit for him [Shakespeare]
It is permissible in a just cause to capture a place in neutral territory [Grotius]
War gives no right to inflict more destruction than is necessary for victory [Rousseau]
When war was a profession, customary morality justified any act of war [Weil]
If an aggression is unjust, the constraints on how it is fought are much stricter [Rawls]
Jus ad bellum and Jus in bello are independent; unjust wars can be fought in a just way [Walzer]
For moral reasons, a just war must be a limited war [Walzer]
Napoleon said 'I don't care about the deaths of a million men' [Walzer]
Proportionality in fighting can't be judged independently of the justice of each side [McMahan]
Can an army start an unjust war, and then fight justly to defend their own civilians? [McMahan]
Soldiers cannot freely fight in unjust wars, just because they behave well when fighting [McMahan]
The law of war differs from criminal law; attacking just combatants is immoral, but legal [McMahan]
If the unjust combatants are morally excused they are innocent, so how can they be killed? [McMahan]
During wars: proportional force, fair targets, fair weapons, safe prisoners, no reprisals [Tuckness/Wolf]