4.3.3 - The Legitimacy of Conflict

4.3.3 - The Legitimacy of Conflict#

P 341, 342, 345

P. 341 - 'Just War' Theory#

The theory aims to ensure war are morally justifiable. Just war can be divided into 2 main components:

• Jus ad bellum – right to go to war
  • Three conditions:
  • Just Cause:
    • A reason to go to war – usually self-defense. For this to apply threat must be imminent and proportionate.
  • Legitimate authority
    • War must only be entered by legitimate and recognized authority (such as internationally recognized head of state)
  • Just Intentions:
    • warring state must have the right intention (seeking justice) as opposed to self-interest
  • After WW2, 3 more added – most are quite difficult to determine beforehand though
  • Probability of success:
    • a reasonable chance of success
  • Last Resort:
    • only wage war after all peaceful options are exhausted
  • Proportionality
    • Harm caused should be balanced with estimated good that can be achieved
• Jus in bello – right conduct during war
  • Only combatants, not civilians should be targeted
  • Since peace of Westphalia, there has been a push to maintain wartime laws and military behavior
  • Jus in bello now known as international humanitarian law
  • Most important sources come from Geneva conventions in 1949, and additional protocols in 1977 and 2005
    • protecting civilians, prisoners of war and medical personnel (all non-combatants)
    • prohibits use of poison gas and biological weapons
  • Key principles:
    • Principle of distinction prohibits targeting citizens during war
    • Principle of proportionality prohibits use of excessive force to anticipated military advantage
    • Principle of precaution requires combatants to take all possible precautions to avoid / minimize harm to non-combatants
    • Protection of prisoners of war - must be treated humanely and not subject to torture or cruel, inhumane, or degrading treatment
    • Protection of medical personnel and facilities

Criticisms face just war as being outdated, by realists, pacifists, feminists, etc.

 

 

P 345 - Symmetric and asymmetric conflicts#

Conflict can arrise between similar parties in inter/intrastate conflict

Conflict can also arise between a much stronger and a much weaker majority and minority party, each with different capacities.

For weaker or smaller party to succeed in asymmetrical conflict, it needs support of a third party to assist or engage in unconventional tactics to challenge the dominant party

Adam Curle visualized the process of moving from unpeaceful to peaceful relationships

Stage 1 of transforming asymmetric conflict involves a ‘conscientization’, or education stage, where people organize themselves in a way to articulate their grievances in a way they feel is effective

Stage 2, confrontation, involves those who feel oppressed or want a change confronting those in power and demanding change

Stage 3, negotiation is where parties agree to seek a way to resolve conflict. Can involve creating more equitable relationship or meeting needs

Stage 4, resolution is where parties find a way to re-balance asymmetric relationship. More equity, justice, or needs are met, and (more) peaceful relationship can occur