Just War, Second Edition

Just War, Second Edition

RICHARD J. REGAN
Copyright Date: 2013
Pages: 296
https://www.jstor.org/stable/j.ctt5vj8j2
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  • Book Info
    Just War, Second Edition
    Book Description:

    Bringing just war doctrine to life, Richard J. Regan raises a host of difficult questions about the evils of war, asking first and foremost whether war is ever justified, and, if so, for what purposes? Regan considers the basic principles of just war theory and applies those principles to historical and ongoing conflicts through case studies and discussion questions. His well-received 1996 work is updated with the addition of case studies on Iraq, Afghanistan, Libya, and Islamist terrorist organizations. Especially timely are the added discussions of the use of drones to assassinate terrorist leaders and, in the matter of weapons of mass destruction, asking how certain is "certain enough" that a country has weapons of mass destruction before it can be justly attacked? Regan considers the roles of the president, Congress, and the U.N. Security Council in determining when long-term U.S. military involvement is justified.

    eISBN: 978-0-8132-2020-8
    Subjects: Philosophy

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. PREFACE
    (pp. vii-viii)
    Richard J. Regan
  4. PART 1. PRINCIPLES
    • 1 JUSTIFYING WAR
      (pp. 3-19)

      Ancient Greece and Rome regarded war as simply a fact of life, a regrettable but inevitable fact of life. In early modern times, Thomas Hobbes, a keen seventeenth-century student of the classics, imbued that stance with a basically amoral philosophical theory.¹ Individuals and societies seek to aggrandize their self-interests, and wars are the “natural” consequence of individual and societal acquisitive appetites. The resulting state of war and potential war is “natural” to individuals and societies unless there is a sovereign power to restrain those conflicting appetites. There is no norm of morality superior to self-interest, although the fundamental “law of...

    • 2 THE JUST WAR DECISION: LEGITIMATE AUTHORITY
      (pp. 20-47)

      Just-war theory requires that decisions to wage war be made by those who are legally authorized to do so.¹ One of the primary purposes of organized society is to protect its members from domestic and foreign violence, and to do so, organized society needs to regulate, that is, legitimate, any use of force. Therefore, since war involves killing force, organized society needs to rest the authority to wage war in certain institutions and personnel. The constitution and laws of nation-states specify the institutions and personnel authorized to make their war decisions, and the U.N. Charter authorizes the Security Council to...

    • 3 THE JUST WAR DECISION: TRADITIONAL JUST-CAUSE CONSIDERATIONS
      (pp. 48-68)

      Just-war theory requires that nations resort to war only for just causes.¹ The justice of the cause of waging war involves two elements. First, the aim of a nation waging war should be to prevent or rectify wrongful, that is, unjust, action by another nation against itself or a third nation. Second, there should be a due, that is, just, proportion between the wrong to be prevented or rectified and the human and material destruction that the war can be reasonably expected to entail. Not every wrong suffered at the hands of another nation will proportionally justify the injured nation’s...

    • 4 THE JUST WAR DECISION: JUST CAUSE AND INTERVENTIONIST WARS
      (pp. 69-84)

      Traditional just-cause considerations focus on the putative rights of one nation to wage war against another. But other kinds of war situations involve the putative rights of one nation to intervene in conflicts within another. Dependent regions often seek either to become independent sovereignties or to shift political allegiance to other sovereignties. Wars of secession result if the preexisting sovereignties resist, or if the two parties fail to reach agreement on the terms of divorce. Such wars are sometimes included in the category of civil wars, but the former wars differ from the latter wars in one very important respect:...

    • 5 THE JUST WAR DECISION: RIGHT INTENTION
      (pp. 85-87)

      Just-war theory requires that those who make decisions to wage war should be constitutionally and legally authorized to do so, and that wars should be waged only for proportionately just causes, as chapters 2 and 3 explain. Legitimate authority and just cause are objective criteria about the morality of waging war, objective criteria about the institutions and personnel authorized to make the decisions to wage war. Just-war theory also involves a subjective criterion, right intention, and right intention concerns the subjective intentions of war-decision makers.¹ Those waging war should have a right intention, namely, to promote good and avoid evil....

    • 6 JUST WAR CONDUCT
      (pp. 88-101)

      Just-war theorists have developed two central principles to govern just war conduct. The first is the principle of discrimination: just warriors may directly target personnel participating in the enemy nation’s wrongdoing but should not directly target other enemy nationals. The reasoning behind the principle is twofold: On the one hand, the enemy nation’s wrongdoing justifies the victim nation’s use of military force to prevent or rectify wrongdoing, and the victim nation’s use of military force will necessarily involve targeting enemy personnel engaged in the wrongdoing. On the other hand, enemy nationals not engaged in the war or contributing to waging...

    • 7 NUCLEAR WEAPONS AND JUST WAR CONDUCT
      (pp. 102-122)

      The age of nuclear weapons began at the end of World War II when the United States dropped atomic bombs on the Japanese cities of Hiroshima and Nagasaki in order to induce the Japanese government to surrender. In the subsequent Cold War, the United States and the Soviet Union embarked on a nuclear arms race to deter one another from a nuclear attack, and in the case of the United States, also to help deter a conventional Soviet attack on Western Europe. It was in this context that statesmen, theologians, philosophers, and political scientists debated the morality of nuclear weapons...

  5. PART 2. CASES AND QUESTIONS
    • WORLD WAR I (1914–18)
      (pp. 125-138)

      Austria-Hungary formally annexed Bosnia-Herzegovina (part of postwar Yugoslavia), a former Turkish province of Muslim and Christian population, in 1908. With two accomplices, Gavrilo Princip, a Serbian nationalist, crossed the frontier of Serbia into Bosnia and assassinated the heir to the Austro-Hungarian throne, Archduke Franz Ferdinand, and his wife in Sarajevo (the capital of Bosnia-Herzegovina) on June 28, 1914. The head of the Serbian Intelligence, Colonel Dragutin Dimitrijevic, was generally believed to have inspired the plot, but the evidence of this involvement is inconclusive. There is no certainty about how much, if anything, the Serbian government knew about the plot, or...

    • THE VIETNAM WARS (1946–75)
      (pp. 139-153)

      France gained control over Vietnam in the second half of the nineteenth century and established direct French rule there at all levels by the end of the century, effectively replacing the native emperor and his court. The French instituted a network of public works to facilitate exploitation of Vietnam’s wealth for the benefit of France. The chief Vietnamese resources exploited by the French were rice, coal, minerals, and later, rubber. The French were not interested in promoting local industry except to provide goods for immediate local consumption.

      Although the construction of irrigation projects between 1880 and 1930, chiefly in the...

    • THE FALKLANDS WAR (1982)
      (pp. 154-162)

      The Falkland Islands lie 250 miles east of Argentina and 8,000 miles from Great Britain. An English navigator, John Davis, reported sighting the Falklands in 1592, and another Englishman, John Strong, reported landing there in 1690. A French navigator founded the first recorded settlement on East Falkland in 1764, and the British the first recorded settlement on West Falkland in 1765. The Spanish bought the East Falkland settlement from the French and drove the British off West Falkland in 1770. The Spanish returned West Falkland to the British in l771. The British, for reasons of economy, abandoned their settlement in...

    • REVOLUTION AND CIVIL WAR IN NICARAGUA (1978–90)
      (pp. 163-168)

      The Central American Republic of Nicaragua covers an area of some 50,000 square miles and had a 1993 population of 4.1 million people, with a per capita income of some $500.

      After more than a year of riots, general strikes, and open warfare against the regime of Anastasio Somoza, the Nicaraguan dictator, the latter resigned on July 17, 1979. The Sandinista National Liberation Front seized control of Managua on July 19, and the civil war ended. The war had resulted in 10,000 dead and 500,000 homeless.

      Despite the promulgation of a bill of rights on August 21, 1979, doubts arose...

    • THE CIVIL WAR IN EL SALVADOR (1979–92)
      (pp. 169-176)

      El Salvador is a country in Central America, with Guatemala to the north and northwest, Honduras to the north and east, a tip of Nicaragua across the Gulf of Fonseca to the southeast, and the Pacific Ocean to the south. El Salvador is densely populated (5 million people in 8,200 square miles).

      A military junta ruled El Salvador in 1979. Leftist rebels, many of whose leaders were self-declared Marxists, waged guerrilla war against the junta. Rightist militias terrorized peasants and workers.

      In January 1980, violence in the capital, San Salvador, left twenty dead. In February, the junta approved a plan...

    • THE GULF WAR (1991)
      (pp. 177-183)

      The Persian Gulf Emirate of Kuwait became a British protectorate at the end of the nineteenth century, although it remained under the nominal suzerainty of Turkey until the latter’s defeat in 1918. Iraq, a nation to the north and west of Kuwait, became an independent nation after the defeat of Turkey in World War I, and a member of the United Nations after World War II. Kuwait became an independent nation in 1961 and was admitted into the United Nations. Although Iraq had previously claimed that Kuwait was part of Iraq because the Turks had administered both as one unit,...

    • THE INTERVENTION IN SOMALIA (1992–94)
      (pp. 184-197)

      The territory of greater Somaliland is situated on the Horn of Africa, the easternmost territory of Africa, south of the Gulf of Aden, east of the Indian Ocean, and west of Ethiopia and Kenya. The territory is inhabited by a relatively homogeneous ethnic group, the Somalis, and has been since ancient Egyptian times. The Somalis became Muslim in the second half of the first millennium of the Christian era.

      France, Great Britain, and Italy competed to colonize Somaliland in the second half of the nineteenth century, and they agreed to a partition of the territory toward the end of the...

    • THE BOSNIAN WAR (1992–95)
      (pp. 198-218)

      In the second half of the fifteenth century, Bosnia (1463) and Herzegovina (1482) were conquered by the Turks and became outposts of the Turkish Empire’s ongoing war against Austria, Hungary, and Venice. Turkish power had waned by the middle of the nineteenth century, and Austria-Hungary was granted administrative charge of Bosnia-Herzegovina in 1877, although the latter continued to be recognized as a Turkish province. Austria-Hungary formally annexed Bosnia-Herzegovina in 1908.

      At the conclusion of World War I, Bosnia-Herzegovina, in union with Serbia, Croatia, Slovenia, Montenegro, and Macedonia, became part of the new nation of Yugoslavia. The Serbs dominated the union....

    • THE INVASION AND RECONSTRUCTION OF IRAQ (2003–12)
      (pp. 219-224)

      As indicated in the section on the Gulf War, the ceasefire accord ending hostilities and a subsequent U.N. Security Council resolution mandated that Iraq dismantle its programs for weapons of mass destruction (WMD), namely, nuclear, chemical, and biological weapons, and submit to U.N. inspection of its facilities to ensure compliance. From 1991 to 1998, U.N. inspectors were operative in Iraq, but Iraq tried in every way possible to restrict and intimidate the inspections. Finally, the U.N. inspectors completely withdrew in 1998, as a result of life-threatening intimidation. The inspectors did, however, discover much about Iraq’s WMD programs. The nuclear program...

    • AFGHANISTAN (1998–2014?)
      (pp. 225-230)

      Afghanistan is a land-locked and mountainous country of 250,000 square miles, northwest of the Indian subcontinent. Pakistan lies to the east and south, Iran to the west, and three successor states of the U.S.S.R. to the north. It has a population of roughly 35 million people, 45 percent of which is under 15 years of age. The religion is Islamic, 90 percent of the population Sunni, and 10 percent Shiite. Political organization has traditionally been decentralized, with different tribal warlords autonomously governing different areas. The economy is predominantly pre-modern, that is, based on farming and sheep-raising.

      Because Afghanistan lay between...

    • LIBYA (2011)
      (pp. 231-235)

      Libya is a country on the coast of North Africa. Its neighbors are Tunisia and Algeria to the west, Niger and Chad to the south, and Egypt and Sudan to the east. Its area covers 679,362 square miles. Desert and semi-desert regions cover 92 percent of the land, and there is a low coastal region, with low mountains in the north and higher mountains in the south. Libya’s population is about 6.3 million, one-third of which is under the age of 15, and 77 percent of which is urban. Berbers and Arabs constitute 97 precent of the population, and 97...

    • NEW REGIMES, ISLAMIST MILITANTS, AND WESTERN SECURITY
      (pp. 236-242)

      There have been popular revolutions in much of the Near and Middle East since January 2011. Their long-term outcomes remain uncertain. Western nations are culturally disposed to support a transition to democratic regimes there, and they hope that the new regimes established and those likely to come elsewhere in the Middle East will act responsibly regarding both their own citizens and other nations. But radicals could hijack the hoped-for responsible democracies. In particular, the West needs to worry about the threat of greater terrorist activity against its facilities and citizens, either because the new regimes sponsor terrorist activity, or because...

  6. APPENDIX 1. THE UNITED NATIONS CHARTER
    (pp. 243-262)
  7. APPENDIX 2. The War Powers Resolution
    (pp. 263-268)
  8. SELECTED BIBLIOGRAPHY
    (pp. 269-274)
  9. INDEX
    (pp. 275-279)
  10. Back Matter
    (pp. 280-280)