In ancient times, each state had its own theories and perceptions of how the rules for waging war should be defined. The right of going to war is known as jus ad bellum. In ancient Greece, waging war against barbarians was considered to be just. It was Saint Augustine (354-430 C.E.), a prominent Christian in Ancient Rome, who first put forward a just war doctrine. Saint Thomas Aquinas (1225-1274), a renowned theologian, concurred with St Augustine’ doctrine. According to them, there were 'three principles that govern the prerequisites for the initiation of a just war, i) the authoritativeness of the initiator of war, ii) just reasons for waging war and iii) the legitimate intentions of war. Hugo Grotius (1583-1645) later expanded upon the concept …show more content…
He believed that war was not only compatible with but was sometimes required by all three forms of law: natural law, nations (international law) and divine law. He said “where judicial settlement fails, war begins” (De Jure Belli ac Pacis. II.1.2.1) Grotius believed that war was less to do with divine law, and more to do with international law (civil law). As such, positivism should be considered in deciding the constituents of a just war. His philosophical underpinning was that divine law should be omitted from the jus ad bellum process. Instead, positivism, international relations and politics were the defining factors of war …show more content…
This intention caused the creation of the League of Nations. The Covenant of the League of Nations, 1919, did not prohibit war, but instead placed limitations on the use of force. In the event of a potential dispute, member states agreed to submit the dispute to arbitration, judicial settlement or to inquiry by the Council of the League. War was not to be resorted to until three months after the decision by one of those authorities. This cooling off period was intended to defuse situations. Article 10 of the Covenant required member states "to respect and preserve as against external aggression the territorial integrity and political independence of all Members of the League.” Despite the League of Nation’s positive intentions, it ultimately proved to be a failure. The Second World War broke out in