The Law of War

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impose domination on another people, or try to retain an already existing coercive rule over them." Jonathan Riley-Smith writes, Criteria The consensus among Christians on the use of violence has changed radically since the crusades were fought. The just war theory prevailing for most of the last two centuries— that violence is an evil that can, in certain situations, be condoned as the lesser of evils— is relatively young. Although it has inherited some elements (the criteria of legitimate authority, just cause, right intention) from the older war theory that first evolved around AD 400, it has rejected two premises that underpinned all medieval just wars, including crusades: first, that violence could be employed on behalf of Christ's intentions for mankind and could even be directly authorized by him; and second, that it was a morally neutral force that drew whatever ethical coloring it had from the intentions of the perpetrators. Just War Theory has two sets of criteria, the first establishing jus ad bellum (the right to go to war), and the second establishing jus in bello (right conduct within war). Jus ad bellum Just cause The reason for going to war needs to be just and cannot therefore be solely for recapturing things taken or punishing people who have done wrong; innocent life must be in imminent danger and intervention must be to protect life. 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 overcome the presumption against the use of force, the injustice suffered by one party must significantly outweigh that suffered by the other. Some theorists such as Brian Orend omit this term, seeing it as fertile ground for exploitation by bellicose regimes. Competent Authority Only duly constituted public authorities may wage war. "A just war must be initiated by a political authority within a political system that allows distinctions of justice. Dictatorships (e.g. Hitler's Regime) or deceptive military actions (e.g. the 1968 US bombing of Cambodia) are typically considered as violations of this criterion. The importance of this condition is key. Plainly, we cannot have a genuine process of judging a just war within a system that represses the process of genuine justice. A just war must be initiated by a political authority within a political system that allows distinctions of justice". Page 38 of 265
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 or are clearly not practical. It may be clear that the other side is using negotiations as a delaying tactic and will not make meaningful concessions. Proportionality The anticipated benefits of waging a war must be proportionate to its expected evils or harms. This principle is also known as the principle of macro-proportionality, so as to distinguish it from the jus in bello principle of proportionality. Page 39 of 265
Page 1 and 2: The e-Advocate Monthly …a Compend
Page 3 and 4: The Advocacy Foundation, Inc. Helpi
Page 5 and 6: Dedication ______ Every publication
Page 7 and 8: The Transformative Justice Project
Page 9 and 10: The Advocacy Foundation, Inc. Helpi
Page 11 and 12: Biblical Authority ______ Deuterono
Page 13 and 14: Table of Contents …a compilation
Page 15 and 16: I. Introduction The Law of War Inte
Page 17 and 18: establishes rules relating to the m
Page 19 and 20: treatment of civilian populations i
Page 21 and 22: The Geneva Conventions of 1949 may
Page 23 and 24: deaths and injuries long after conf
Page 25 and 26: Key Provisions and Principles Appli
Page 27 and 28: ICRC to form part of customary inte
Page 29 and 30: legal norms and cultural practices
Page 31 and 32: II. The Just War Theory Just War Th
Page 33 and 34: But, say they, the wise man will wa
Page 35 and 36: the damage inflicted by the aggress
Page 37: defensive war as a just one -- ofte
Page 41 and 42: Combatants may not use weapons or o
Page 43 and 44: Discrimination The victor state is
Page 45 and 46: List of Just War Theorists These th
Page 47 and 48: III. Perpetual War Perpetual War, E
Page 49 and 50: Military-Industrial Complex The con
Page 51 and 52: after the 60's counterculture as ps
Page 53 and 54: Sun Tzŭ said: ... When you engage
Page 55 and 56: perpetuate fear and hatred of the e
Page 57 and 58: IV. The Rule of Law in Armed Confli
Page 59 and 60: The Geneva Convention relative to t
Page 61 and 62: V. Combatants, Non-Combatants and U
Page 63 and 64: civilians, until they have had a "f
Page 65 and 66: While the concept of an unlawful co
Page 67 and 68: 3. Members of regular armed forces
Page 69 and 70: If a combatant does not qualify as
Page 71 and 72: "treated humanely", and if tried "s
Page 73 and 74: Municipal law United States Two sep
Page 75 and 76: Non-Citizens in the War Against Ter
Page 77 and 78: On 8 November 2004, a federal court
Page 79 and 80: possess such authority pursuant to
Page 81 and 82: On 4 June 2007, in two separate cas
Page 83 and 84: Roberts of the 2nd Royal Tank Regim
Page 85 and 86: VI. Prisoners of War A Prisoner of
Page 87 and 88: men and women, were driven out onto
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war. A cartel was usually arranged
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under the Third Geneva Convention,
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In 2000, the U.S. military replaced
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for them to be sent via Dunkirk to
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Commonwealth, and Dominions, 28,500
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Information on conditions in the st
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Treatment of POWs by The Soviet Uni
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After the German surrender, the Int
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The United States handed over 740,0
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years before being interned in a me
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VII. War Crimes A War Crime is an a
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Second Geneva Convention for the Am
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2. The following acts as part of an
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Former Libyan leader Muammar Gaddaf
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War crimes are significant in inter
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Employment of poison gas World War
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Specific war crimes alleged to have
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Invasion of Poland, in the period o
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Unrestricted submarine warfare agai
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mostly Jews, Russians, Krymchaks, a
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Crimes Perpetrated by Hungary Incid
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Attack on the United States in 1941
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Nanjing Massacre; Narcotics Traffic
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Palawan Massacre, 1944 War crimes (
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Unit 731 use of poisons as weapons
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Odessa massacre Aita Seaca massacre
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have been higher had a great number
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Mykola Lebed - one of the OUN leade
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warfare against merchant shipping N
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forces, declared to be atrocities,
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War crimes: As part of the Briggs'
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as possible, North Korea detained S
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The Hola massacre was an incident d
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Operation Speedy Express War Crim
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on the basis of an unsigned confess
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1975-1990: Lebanese Civil War Armed
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Torture prisoners Kandahar massacre
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And so, incredibly, children are no
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quarter of a million people (mostly
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Siege Sarajevo Siege Bihać Tuzla m
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Klečka killings Lake Radonjić mas
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Fighting involves Mai-Mai militia a
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thousands wounded; and 300,000-500,
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Civil uprising phase of the Syrian
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VIII. The Cold War The Cold War was
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collapsed at the end of the decade
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In what some have called the First
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The differences between Roosevelt a
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included eastern Poland (incorporat
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intelligence operations, adhered to
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Zealand and several other countries
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United States officials moved there
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Eisenhower's secretary of state, Jo
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Churchill told the United States th
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the new Soviet leader as a superfic
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ordered operation to assassinate Ca
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freedom of the press, freedom of sp
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Henry Kissinger, who was US Nationa
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new state would struggle to gain in
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"Second Cold War" (1979-1985) The t
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leaders not to intervene if Poland
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Meanwhile, the Soviets incurred hig
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case as the result of a violent upr
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However, the aftermath of the Cold
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IX. Political Asylum and Refugee La
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If the suspects chose to confess th
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Right of Asylum by Country of Refug
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While restricted, the right of poli
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Definition of Refugee According to
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Sources Refugee law encompasses bot
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The first step of being granted thi
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X. References 1. https://en.wikiped
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Notes _____________________________
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Attachment A Joint Chiefs of Staff:
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affected by media coverage of a spe
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e. Imminent Use of Force. The deter
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contact with JAs at higher levels w
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exercises are much more effective t
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J-3 CJCSI 3121.01B DISTRIBUTION: A,
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CJCSI 3121.01B 13 June 2005 (3) SRO
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CJCSI 3121.01B 13 June 2005 Enclosu
Page 251 and 252:
CJCSI 3121.01B 13 June 2005 (3) U.S
Page 253 and 254:
CJCSI 3121.01B 13 June 2005 b. Purs
Page 255 and 256:
CJCSI 3121.01B 13 June 2005 b. Prov
Page 257 and 258:
CJCSI 3121.01B 13 June 2005 (b) Rev
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CJCSI 3121.01B 13 June 2005 (b) Cat
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PEACE ENFORCEMENT: KFOR (Kosovo, Ju
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ARMED CONFLICT: DESERT STORM (IRAQ,
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ARMED CONFLICT (STABILITY OPERATION
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Attachment B US Marine Corp: Intro
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B130936 Law of War/Introduction to
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8130936 Law of War/Introduction to
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Attachment C Basic Rules of The 194
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Basic rules of the Geneva Conventio
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Provisions common to the four Conve
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Protection of the wounded, sick and
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Protection of the wounded, sick and
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Rules relating to the conduct of co
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Protection of civilian persons and
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Page 321 and 322:
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Protection of victims of non-intern
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Protection of victims of non-intern
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Advocacy Foundation Publishers Page
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Issue Title Quarterly Vol. I 2015 T
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Issue Title Quarterly Vol. V 2019 O
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LI Nonprofit Confidentiality In The
Page 339 and 340:
Vol. XVIII 2032 Public Policy LXXVI
Page 341 and 342:
African-American Youth in The May 2
Page 343 and 344:
The e-Advocate Quarterly Special Ed
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Legal Missions International Page 2
Page 347 and 348:
Vol. V 2019 XVII Russia Q-1 2019 XV
Page 349 and 350:
The e-Advocate Newsletter Genesis o
Page 351 and 352:
Extras The Nonprofit Advisors Group
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About The Author John C (Jack) John
Page 355:
Page 265 of 265
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The Law of War

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