Just War Theory

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The act of warfare is one that is markedly complex when viewed from an ethical and moral standpoint. Encompassed within warfare are many acts such as murder, espionage, abduction, torture, and other such violent behaviors that within the scope of normal society in traditional civilian life would be viewed as crimes. Such crimes would be subject to the severest of punishments, including the death penalty in those states in which it is active, as the water-boarding, torture, and execution of a non-combatant would be 1st degree murder with a bevy of other charges. Within the scope of warfare in pursuit of intelligence, such behaviors are not only accepted, but at times common. Herein, the designation between combatant and non-combatant will be explored in relation to the concept of ethically just war. According to Margalit and Walzer (2009) “Conduct your war in the presence of noncombatants on the other side with the same care as if your citizens were the noncombatants”. This is an important precept and should be followed within warfare, the reasons of which will be explored extensively herein. The Unethical Character of War Walzer’s just war theory is characterized by the proposition that the single justification for going to war is the defense of two basic human rights, those of the right to life, and the right to liberty. It is necessary that war be based upon one of these two concepts to be justifiable from an ethical standpoint. Within the scope of war there are two problems, those of jus ad bellum and jus in bello, the justification for going to war, and the justification for specific actions within the scope of war respectively. These two concepts are advanced as being separate although related (Dubik, 1992). The ... ... middle of paper ... ...ineation between combatant and non-combatant within the confines of war is essential to limiting the collateral damage that is realized therein. The killing of civilians is something that is entirely unacceptable, and must be viewed in a bilateral sense. Should America engage in the killing of citizens of another nation through the collateral damage of war, then similar activities on behalf of the enemy that killed American citizens would in effect be justified. This duality of effect must be considered when engaging in war, even in legitimate military actions. The concept of double effect exhibits the common harm that may be realized through war, and the at times unavoidable nature of collateral damage. The potential of collateral damage underlines the importance of carefully protecting non-combatants, as in doing so the harm they may realize is minimized.

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