International Law on War

Latest Context:

1. The ongoing conflict between Israel and Hamas has taken the world’s attention towards the international laws related to wars.
2. Basically, there are three independent international laws related to wars and these laws emerged from the “Just War Theory”.

About Just War Theory

1. Also known as the “Just War Doctrine”, is a set of ethical and philosophical principles that provide criteria for assessing the morality of armed conflicts.
2. As per theory, taking human life is wrong but states have a duty to defend citizens and justice, which may require willingness to use violence.
3. It offers a framework for determining when and how war can be morally justified and how it should be conducted.
4. The theory has its roots in religious and philosophical traditions, with notable contributions from scholars like St. Augustine and St. Thomas Aquinas, and it has evolved over time to address contemporary challenges in the field of international relations and military ethics.

The main components of Just War Theory include:

Jus ad bellum: These are the criteria that pertain to the justification of going to war. It finds its source in UN’s Charter of 1945. The criteria’s are:

1. Just Cause: The war must have a morally legitimate reason, such as self-defence, defence of others, or protection against a grave injustice.
2. Right Authority: Only legitimate governmental authorities have the right to declare war.
3. Right Intention: The primary aim of going to war should be to establish peace, justice, and the common good, rather than pursuing selfish or unjust ends.
4. Last Resort: All peaceful means of resolving the conflict, such as diplomacy and negotiations, must be exhausted before going to war.
5. Proportionality: The harm caused by the war must be proportional to the good it seeks to achieve, and excessive harm to civilians should be avoided.
6. Reasonable Chance of Success: There should be a reasonable expectation that military action will achieve the intended goals.

Jus in bello: It is also known as international humanitarian law and provides rules to be followed during armed conflict. It has its sources in Hague Conventions (1899 and 1907) and 1949 Geneva Conventions and their Additional Protocols (1977).The criteria’s include

1. Discrimination: Combatants should distinguish between civilians and military personnel and take precautions to minimize harm to non-combatants.
2. Proportionality: The use of force during the conflict should be proportionate to the military objectives and should not cause excessive harm.
3. Fair Treatment to Prisoners of War: Captured enemy combatants should be treated humanely in accordance with international law.

Jus post bellum: These principles address the period after the conflict has ended and include elements like:

1. Just Settlement: The terms of the peace agreement should be fair and just, addressing the root causes of the conflict and promoting lasting peace.
2. Reconciliation: Efforts should be made to promote healing and reconciliation among the former enemies.
3. Punishment of War Criminals: Individuals who committed war crimes should be held accountable and brought to justice.

Conclusion:

Just War Theory is not a strict set of rules but rather a framework for moral reflection and analysis. It has been used to assess the legitimacy of various wars and military actions throughout history. However, its application can be subjective, and different interpretations may lead to varying conclusions about whether a particular war is just or unjust. Nevertheless, it continues to be a valuable tool for considering the ethical and moral dimensions of armed conflicts in the modern world.

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