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Pros And Cons Of Just War Theory

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Present security environment and conditions for geopolitical relations and conflicts, shows that old postulates of traditional and conventional warfare, are not in function any more. New type of threats brings changes and different opinions in legal, ethical and moral domains of war. In some situations, when war methods are not conventional, under internationally acceptable conditions, key legal documents, such as Chapter of the United Nations, can become insufficient or irrelevanct. This unconventional sphere requires radical changes in existing legislations or completely new world wide acceptable definition of combatant, adversary and war.
Framework of war conditions, which we usually call conventional, becomes more blurred and different. …show more content…

Terrorist attack on United States of America on 11 September 2001, is milestone for future defining of conditions and demands in perception of dilemma’s solutions. This essay will follow evolution, principles and explanations of just war theory and its applicability in pre-emptive actions on different circumstances and different causes. It will argue reasons pro and con for justification of war and pre-emptive strike as not precisely defined area in legal and moral domain. At the end essay will provide some recommendations for possible solutions of …show more content…

Augustine (Aurelius Augustinus, C.E. 354-430). Principles that he introduce are base for lather international juristically system and still valid in present international relations. This theory, principles or conditions that war could be justified is applied, is more developed in ethical domain by St. Thomas Aquinas (1225 – 1274) and the others scholars. Related to conditions of war, theory is divided in three

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The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind

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Since its enactment in 1973, The War Powers Resolution has been a point of tension between the executive and legislative branches. It is a resolution that prompts the commander in chief to exercise his war powers “only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States.” It places a set of requirements on the president for the introduction of armed forces into hostilities, including a forty-eight hour period for the notification of congress, and a sixty day period for withdrawal of troops in the absence of a war declaration, with an additional thirty days for the safe removal of troops. It also requires the president to consult with congress when

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A great terror struck our nation September 11, 2001, two aircraft’s hit the world trade centers, killing 2000 people and injuring over twice as many. A third aircraft flew into the Pentagon while a fourth crashed in a rural area in Pennsylvania. This day will forever be engrained into history as one of the worst terror attacks faced in this nation. Nearly three years later, in an attempt to figure out what happened on that tragic day, scholars came together to discuss the possible parallels between foreign and domestic terrorist. The author, Michael Kimmel, outlines the possible cause of the 2001 attacks and offers us a link between both foreign and domestic terrorism.

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The War of 1812 and the urge that the War Hawks had to declare war on Britain caused social, political, and geographical changes between the years 1812 to 1815. The War Hawks were a group of pro-war Jeffersonian Republicans. Since the War Hawks were pro-war, they strongly advised Congress to declare war on Britain in 1812. It has been proven that when the time came to vote, most states voted in support of war. Most people voted in support of the war because of the War Hawks.

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War Power Resolution: A Failure The United States has a developed government system that composes three separate branches which cooperate with each other; however in some particular areas such as war powers, there are conflicting ideas about which branch must have the most power. The constitution does not make a clear statement about that, and there are many different interpretations about what is implied in the constitution. Throughout the history, the country experienced many wars and sometimes blamed the president for the consequences of the wars. After the Vietnam War, the Congress made a resolution of War Powers which reminds that the Congress has the authority to declare war. War Power Resolution seems to have failed, because the result

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War is a conflict that has been seen by every human civilization to some extent, and is sure to be seen by those in the future. These hostile situations can be caused by a variety of situations, including land, resources, philosophy, and religion. Though the exact cause and result of each war is different, there are ways to gauge the effectiveness and permissibility of the actions of governments and armed forces during war. This is the premise of Just War Theory. Just War is philosophy of rating a war as ethically just or not, which has three basic requirements along with a scale for comparison.

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1723 Words | 7 Pages

In the sixty years since World War 2, President Truman 's decision to drop the atomic bombs on Japan has been questioned by many people. The bombing caused many deaths but also clearly marked the end of the long drawn-out war. The justifications for the bombing are still however a widely discussed debate. Arguments supporting the justification of the bombing involve the President 's stern belief that the Japanese had brought it on themselves, and that the bombing would end the war and save many American lives. The counter-arguments were that the Japanese were already defeated and so ‘why was it necessary to drop the bomb?”.

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The Decision to Drop the Bomb In the Battle of Okinawa 1941, Japanese Kamikaze suicide pilots targeted the US in Hawaii’s Pearl Harbor. Over 2,400 American and British lives were taken from this world, an additional 1,178 wounded. The President of the United States, Harry Truman, was faced with an ethical dilemma of whether to use the atomic bomb against Japan that could end WWII. My goal is to try to answer this moral question using the philosophical views on the morality of Held, Kant, Aristotle, and Mill.

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JEMAAH ISLAMIAH INTRODUCTION 11th September 2001(or 9/11) has been significant date for Global War on Terrorism (GWOT) when Washington and New York were attacked by terrorist. The attacks have caused 2,996 casualties and at least USD10 billion of property and infrastructure damage excluded incalculable of fall of global market. The perpetrators of the attack turn out to be Arabs acting in the name of their religious faith. 9/11 marks something new whereby United States of America was able to influence its allies to confront Islamic extremism lead by Al-Qaeda. Following 9/11, we have seen the establishment of South-East Asia particularly in Malay Archipelago as the second front in GWOT instead from Afghanistan and Middle-East.

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Introduction War is costly but nonetheless it recur this is the central puzzle of war , scholars have attemped to resolve this puzzle in three types argument which is people state leaders is irrational so that they neglect the cost of war the second argument of the scholar says that the state leaders enjoy the benefits from war but do not pay the cost The third one which took most of fearons attention is the rational state leader who consider the cost and risk of war as a summary of the article titled “rationalist Explanation of war” published by James D. Fearon I will summarize it in this essay, he argues , that the traditional explanations for war not enough or do not go far enough to explain why war occurs , war is costly and risky that’s

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However, Aquinas goes into more detail and has more circumstances for a just war than Augustine. Aquinas believes that someone in power should be declaring war, and that war should not be declared by a single person. War should not be used as one’s benefit, but rather a nation’s benefit. Lastly, Aquinas talks about a just cause, which Augustine talks about in another writing. Aquinas and Augustine both agree that a just cause must be something along the lines of that a nation causes great harm in one way or another and refuses to make reparation.

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War crimes and crimes against humanity are among the most serious crimes in International Law. The definitions of a war crime comes under very specific definitions but are not always easily so defined, as war can be very hostile and unpredictable. War can appear as unjust and unwarranted, but in some circumstances, it is necessary. Just War theory is a concept that attempts to guide war into a more just path. The theory recognises that in times of war, traditional ethics are not applied but there should be ethical guidelines for war.

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After the Japanese Army attacked Pearl Harbor on December 8, 1941, and many Americans were killed, Franklin D. Roosevelt asked for a Declaration of War against the state of Japan. As a result of a lack of resources and an attempt to further its empire, Japan also declared war. Due to it covering all 6 Just Cause Theories, the US's case for starting a war was stronger. The United States of America justifies declaring war by the Just War Theories.

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Article 2(4) of the United Nations Charter states that, "all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, nor in any manner inconsistent with the purposes of the United Nations” . It is therefore a unilateral agreement signed by member states against the use of force when dealing each other. World events however since the signing and ratification of the UN Charter have indicated that states who are signatories to the charter continue to use force against each other for various reasons. Some 25 years after the writing and ratification of the charter one cannot doubt that states have used force and sought to justify it through individual or collective self-defence claims, as well as humanitarian claims in furtherance of national agendas and to increase territory. This no doubt may have been what frustrated Franck into the stance that Article 2(4) was in its grave.

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The first great-war shattered the human mind so profound that out of its aftermaths’ emerged a fresh discipline (in 1919 at the University of Whales known to us as International Relations) proposed to prevent war. “It was deemed by the scholars that the study of International Politics shall find the root cause of the worlds political problems and put forward solutions to help politicians solve them” (Baylis 2014:03). International Relations happened to play the role of a ‘correcting-mechanism’ restoring the world order of peace and amity by efforting at its best to maintain the worlds’ status quo. However with the emergence of a second world war much more massive that the first put at stake all the values of that young discipline of IR. The

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