It's JUST War!: Detainees

Showing posts with label Detainees. Show all posts

Ill and in Pain, Detainee Dies In U.S. Hands

http://www.nytimes.com/2008/08/13/nyregion/13detain.html?ex=1376366400&en=2f

Perhaps this is normal during wartime.

I hope this article is read far and wide. My heart is with this man's family.

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Criteria of Just War theory

Just War Theory has two sets of criteria. The first establishing jud as bellum, the right to go to war; the second establishing jus in bello, right conduct within war. [1]

Jus ad bellum (The Right to Go to War)

Just cause

The reason for going to war needs to be just and can therefore be recapturing things taken or punishing people who have done wrong. A contemporary view of just cause was expressed in 1993 when the US Catholic Conference said: "Force may be used only to correct a grave, public evil, i.e., aggression or massive violation of the basic human rights of whole populations."

Comparative justice

While there may be rights and wrongs on all sides of a conflict, to override the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Theorists such as Brian Orend omit this term, seeing it as fertile ground for exploitation by bellicose regimes.

Legitimate authority

Only duly constituted public authorities may use deadly force or wage war.

Right intention

Force may be used only in a truly just cause and solely for that purpose—correcting a suffered wrong is considered a right intention, while material gain or maintaining economies is not.

Probability of success

Arms may not be used in a futile cause or in a case where disproportionate measures are required to achieve success.

Last resort

Force may be used only after all peaceful and viable alternatives have been seriously tried and exhausted.

Jus in bello (Right Conduct Within War)

Once war has begun, just war theory also directs how combatants are to act:

Discrimination

Just war conduct should be governed by the principle of discrimination. The acts of war should be directed towards the inflictors of the wrong, and not towards civilians caught in circumstances they did not create. The prohibited acts include bombing civilian residential areas that include no military target and committing acts of terrorism or reprisal against ordinary civilians. Some believe that this rule forbids weapons of mass destruction of any kind, for any reason (such as the use of an atomic bomb).

Proportionality

Just war conduct should be governed by the principle of proportionality. The force used must be proportional to the wrong endured, and to the possible good that may come. The more disproportional the number of collateral civilian deaths, the more suspect will be the sincerity of a belligerent nation's claim to justness of a war it initiated. [2]

Minimum Force

Just war conduct should be governed by the principle of minimum force. This principle is meant to limit excessive and unnecessary death and destruction. It is different from proportionality because the amount of force proportionate to the goal of the mission might exceed the amount of force necessary to accomplish that mission. But if the mission requires much force then it is proportional to the end result.

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Ill and in Pain, Detainee Dies In U.S. Hands

Soldier directing the landing of a UH-1V Iroquois ("Huey") helicopter ambulance

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