Abstract

ABSTRACT This article constitutes an attempt to demonstrate the complexity of factors affecting the legitimate acquisition and reasonable exercise by a political community of the right to war as specified in the just war criteria of jus ad bellum. To achieve this purpose, a brief analysis is presented of the intentional participation in World War I of thousands of Polish volunteers forming military units deployed by the Central Powers on the Austrian-Russian front. Considered in light of the standard principles of just war, the military enterprise of the Polish Legions, as they were called, turns out to be a paradoxical instance of warfare which, while being part of a state-to-state aggression, must be deemed compliant with all the principles in question. As a means of explaining this paradox, a modification of the concept of justified intervention is proposed, embracing military efforts aimed at the ultimate defeat of all the (unjustly) warring parties operating within a given territory. In consonance with the classic just war approach, it is also argued that the justification for such an intervention is essentially dependent on its being initiated by, or attributable to, an unquestionable state agent acting in defence of the state’s basic prerogatives.

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