War Tradition Research Articles

Seventeenth-Century Scotism and the War Just on Both Sides.

Can a war can be just on both sides? Within the Western just war tradition, Catholic theologians traditionally held wars on both sides to be logically impossible. This view went unchallenged until questioned by two seventeenth-century Irish Franciscan Scotists. These were Aodh Mac Cathmhaoil (Hugo Cavellus) and John Punch. In this paper I lay out the Scotist theological grounds that led them to admit to the possibility of wars just on both sides. I also conjecture on possible reasons why Punch refrained from revising traditional just war theory in light of his own far-reaching theological conclusions.

“Savage War” as “People’s War”: Nineteenth-Century African Wars, European Perceptions, and the Future of Warfare

This article first looks at how British, French, and German officers assessed the specifics of nineteenth-century colonial warfare and how they distinguished it from wars in Europe. Part 2 explores, on the basis of war reports from the nineteenth century and secondary literature, the significance of specifically African war traditions from precolonial times and how these came into play when, in the second half of the century, within a few decades the European colonial powers divided the continent among themselves with enormous brutality in their “scramble for Africa.” In their mental baggage Europeans brought ideas about war as having to “take a different form in Africa,” to quote a Prussian observer of the Franco-Moroccan War. What did this imply for their own style of warfare? Part 3 intervenes in the politically charged debate about how the European experience of nineteenth-century colonial warfare shaped war, and genocide, in twentieth-century Europe. The wars in nineteenth-century Africa, both precolonial and colonial, were not “contained” (gehegt) wars, to use Carl Schmitt’s term. Following 1815, in most of Europe the containment of warfare—that is, the separation of combatants and the civilian population—worked for a hundred years. After that, no more. Why? Does the experience of colonial warfare offer an explanation? This article tests an explanation that hinges on an unconventional comparison of what Europeans called “savage war” in Africa and “people’s war” (Volkskrieg) in Europe.

The Hidden Disciple: Towards a Christian Ethics of Spying

The article explores the understudied subject of the distinctly Christian ethics of human intelligence (HUMINT) and considers how a Christian intelligence officer (IO) can draw on the robust and diverse tradition of Christian ethics to make their secular vocation compatible with the ethical principles of their faith. The current intelligence ethics literature is dominated by the Just Intelligence Theory (JIT), an adaptation of the just war tradition, which offers many valuable contributions. However, I propose the enrichment of JIT by discursive ethics from within the respective Catholic and Reformed theologies. I also consider the originally non-Christian concepts of the ethics of care and the I-Thou ideal through Christian hermeneutics. I conclude that the IO's ceaseless questioning of their conduct and its sources, and the continuous striving for primarily personal relations, as opposed to institutional relations, is the essence of the ever-imperfect process of becoming a Christian IO. Such an IO is a hearing and critical disciple who does not pretend to know the mind of God, but one whose conduct is directed by their critical reflection on their Christian faith and on the institutional setting wherein they operate. Paradoxically, this presents an enormous ethical possibility for a Christian IO.

MODERASI BERAGAMA PADA TRADISI PERANG CENTONG DALAM PROSESI PERNIKAHAN DI KABUPATEN BREBES JAWA TENGAH

The Indonesian nation has a wealth of traditions that are the cultural treasures of the community. These traditions in the community of their owners turn out to have important meanings that are a source of value for the community in living their lives. The oral tradition in the Brebes community, in the form of the centong war tradition in a series of wedding ceremonies, contains the values of religious moderation. This study aims to reveal the values of religious moderation in the oral tradition in Brebes Regency, especially the tradition of centong war in the wedding procession. This research with a qualitative approach was carried out in Brebes Regency, especially in 3 sub-districts that still carry out the centong war tradition, namely Ketanggungan, Kersana, and Banjarharjo sub-districts. Data was collected by using interview, observation, and documentation methods, especially the recording of the centong war tradition that was uploaded on social media. The results of this study indicate that local traditions contain certain values that can be utilized in the context of contemporary society. The tradition of the centong war as part of the traditional Brebes wedding ceremony procession contains significant values with the current religious problem, namely religious moderation. The tradition of the centong war, which is still preserved by the Brebes people, originates from the traditional Jalawastu tradition in Ciseureuh village, Ketanggungan district, which is located on the slopes of Mount Kumbang. This tradition is inspired by the local story of the conflict between Gandasari and Gandawangi. The values of religious moderation in the centong war tradition include: conflict resolution through a non-violent transformation; social harmony starts from a harmonious family; development of the value of cooperation and generosity; understanding of differences and developing tolerance; and preservation of local culture and wisdom. Although the tradition is called the centong war, this tradition is intended to remind people to avoid conflict and encourage a culture of non-violence. Therefore, the tool used is not a sharp weapon but a rice spoon. This traditional procession can be used to convey messages of strengthening religious moderation and non-violent conflict resolution through the dialogue of the Aki Lengser scene in the centong war tradition.

Ancient China and the Responsibility to Protect: An Under-Studied Topic of Legal History

AbstractWhile the Responsibility to Protect (“R2P”) doctrine synergizes modern international law against atrocities, its legal underpinnings formed in Europe much earlier. Scholarship thus attributes R2P's origin to the Just War traditions as early as the fourth century, which particularly endorsed external interventions against tyranny. The Ancient Chinese had championed similar ideas of Just War, encompassingjus ad bellumrecognition of war against unworthy sovereigns andjus in bello. Nevertheless, the Chinese traditions charted a different course. While in Europe, Just War rationalized the interventionist protection of co-religionists during the Reformation and later of oppressed Christians ruled by the Ottomans; the Chinese humanitarian expedition was discontinued by the advent of the Qin Empire. As R2P literature largely ignores ancient Chinese doctrines and practice, this paper investigates how they veered away from the pre-Qin traditions. It particularly illustrates how “tyranny” was perceived differently, and why “atrocity” and “minority protection” appeared alien concepts.

Moral Injury and Revisionist Just War Theory

AbstractAs part of the roundtable, “Moral Injury, Trauma, and War,” this essay explores the relationship between revisionist just war theory and moral injury. It proceeds in four sections. First, it offers a brief overview of the just war tradition, focusing on traditionalist and revisionist accounts, respectively. Next, it explores the relationship between moral injury and armed conflict. Then, it explores the links between moral injury and revisionist accounts of just war theory. Finally, by way of conclusion, the essay signals two potential complementary paths forward that future research could use to clarify the revisionist position and its link with moral injury.

Sexual Violence in Conflict Situations as Structural Injustice

Jus post bellum, a relatively new addition to the just war tradition, offers a set of principles to ensure a just peace. The jus post bellum principles establish important guidelines for punitive and transitional justice in the wake of unjust aggression. However, sexual violence during conflict highlights some of the limits of relying solely on a rights-based approach to jus post bellum. Using the jus post bellum principles, I offer some suggestions for what might be required regarding punishment, compensation, and rights vindication for both individuals and communities, highlighting throughout the limits of relying solely on a rights-based approach to jus post bellum. I then argue that post bellum considerations need to account for the structural injustices of sexual violence in conflict situations. Doing so supports important social justice initiatives proposed for a global response to sexual violence in conflict aimed not only at punishment but at prevention.

Information Security of the People's Republic of China through the prism of the Chinese war tradition

The article analyzes the information security policy of the People's Republic of China. This policy is examined through the prism of the Chinese war tradition, due to a close relationship between Chinese policy and its strategic culture. This approach allows for taking a broader view of the information security policy and for understanding what lies behind China’s official statements and actions. In other words, Chinese traditional military thought helps to explore correlations between official stance of the People's Republic of China and its activity in the field of information security.

India’s 1971 Intervention :

Just War tradition is used to morally evaluate the warfare which nations wage against each other. This paper aims to employ Just War principles to the 1971 IndiaPakistan war, that witnessed humanitarian intervention by India in East Pakistan which later became Bangladesh. Whether Indian intervention during 1971 Bangladesh liberation war fulfils the criteria of ‘just’ humanitarian intervention? This paper aims to investigate this related question by examining India’s intervention in East Pakistan from the perspective of Just War Theory principles. The paper initially explains the theoretical concept of Just War theory and then explains the notion of humanitarian intervention within the realm of Just War tradition advocated by Michael Walzer. Further the paper provides a brief background of genesis of 1971 war and Pakistan’s claim to sovereignty over East Pakistan citing UN Charter. Paper then delves upon the arguments provided by the Indian side in favour of Just Humanitarian Intervention in the backdrop of increasing brutality by Pakistan. Paper further, broadly assesses India’s intervention in terms of Jus Ad Bellum and six principles associated with it and also Jus in Bello and its subsequent principles. Paper finally concludes that India’s Intervention was in conformity with Just War Principles.

Truth, Lies and New Weapons Technologies: Prospects for Jus in Silico?

This article tests the proposition that new weapons technology requires Christian ethics to dispense with the just war tradition (JWT) and argues for its development rather than dissolution. Those working in the JWT should be under no illusions, however, that new weapons technologies could (or do already) represent threats to the doing of justice in the theatre of war. These threats include weapons systems that deliver indiscriminate, disproportionate or otherwise unjust outcomes, or that are operated within (quasi-)legal frameworks marked by accountability gaps. The temptation to abrogate (L. abrogare—repeal, evade) responsibility to the machine is also a moral threat to the doing of justice in the theatre of war.

How justifiable are Just-Wars? A critical review

This paper is a critical review of the theory of just war. The paper attempts to explain what Just-War Theory is. An overview of the history of Just War Tradition is given. There are some cited assumptions and approaches of Just-War Theory. The paper also gives some strengths and weaknesses of Just-War. The paper also gives some strengths and weaknesses of Just-War. The paper concludes with the fact that Just War Theory provides balances that must be taken into consideration when there is any necessitated war that results from inevitable conflicts. Furthermore, the paper concludes that the strengths of the theory should be built on when there is such war.

HOW DOES BUDDHISM COMPARE WITH INTERNATIONAL HUMANITARIAN LAW, AND CAN IT CONTRIBUTE TO HUMANISING WAR?

ABSTRACT This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and capacity to fight with skill and restraint. While IHL is a legal regime that legitimises violence under certain conditions, and lays down clear universally ratified rules, Buddhism is primarily an ethical and psychological system that addresses the motivations and inner roots of behaviour and can be understood and interpreted in different ways. In this respect, Buddhism overlaps with the field of military ethics, and can contribute much to enhance military training. However, while the centrality of non-harming (ahiṃsā) to Buddhism dictates that extraordinary efforts should be made to prevent war or otherwise minimise the harm inflicted – thereby checking interpretations of IHL that are overly permissive – Buddhism’s consequent reluctance to legitimise and thereby institutionalise war, and the ambiguity of its teachings in this regard, have generally precluded it from developing clear just war guidelines for belligerents to follow, and Buddhist resources to improve the conduct of hostilities have remained largely untapped. Mainstream traditions of Buddhist ethics must also be distinguished from more esoteric and localised beliefs and practices, and from the lived Buddhisms with which most lay Buddhists are more familiar, which do not necessarily embody the same degree of restraint. Belligerents might therefore have different conceptions or expectations of Buddhism depending on their culture and particular circumstances, or be unclear about what it says on the conduct of war.

MENGKAJI NILAI-NILAI KEARIFAN LOKAL PERANG OBOR TERHADAP SEMANGAT NASIONALISME

Humans and culture are two inseparable elements. Culture is a natural wealth that is created because of hereditary customs created by humans themselves. The Torch War in Tegalsambi Village, Jepara Regency is one example of a culture that has been inherent for a long time. The Torch War is a traditional performance attraction as an expression of gratitude to God Almighty. The Torch War has local wisdom values ??such as togetherness, mutual cooperation, tolerance, empathy, solidarity, and religion. The greatness of the soul in a pluralistic nation is very important for the continuity of life in society, nation and state. The values ??of local wisdom from a culture must be able to strengthen its identity as a nation that has a spirit of nationalism. This research examines the values ??of local wisdom contained in the torch war tradition in terms of the spirit of nationalism which refers to Pancasila as the basis for the philosophy of the Indonesian nation. The method used in assessing the values ??of local wisdom of the Torch War against the spirit of nationalism is descriptive qualitative analysis. The analysis was carried out based on an in-depth literature study by prioritizing data and facts from the field. The results of the description in this study indicate that the values ??of local wisdom contained in the torch war tradition are in line with the norms of life which are based on the points of Pancasila as the basis of the nation's philosophy.

Chinese perspectives on the ad bellum/in bello relationship and a cultural critique of the ad bellum/in bello separation in international humanitarian law

AbstractThe intriguing relationship between jus ad bellum and jus in bello has provoked perennial academic debates. This article examines this issue from Chinese perspectives and offers a cultural critique of the well-entrenched norm of the ad bellum/in bello separation in international humanitarian law. Based on its distinctive traditional perception of the world order and the meaning of war, China embraces a holistic understanding of the ad bellum/in bello relationship. This relationship is construed as essentially harmonized. The cardinal moral principle underpinning it is that a just war should be conducted in a just way. The ad bellum/in bello separation in international humanitarian law has a Western origin, and the rationale behind it intimates Western sensitivity to the European just war tradition in which jus in bello was parasitic on jus ad bellum. It is assumed that jus ad bellum and jus in bello are irreconcilably in conflict once they come into contact with one another. This assumption is followed by a widely-held belief that any attempt to reconnect the two concepts would bring nothing but the subordination of jus in bello to jus ad bellum as experienced in European just war and, consequently, the collapse of the former. Chinese perspectives nevertheless evidence that this conventional line of thinking, hampering scholars from thinking beyond the sealed ad bellum/in bello separation, is not sound. A proposal for a more constructive solution should be taken into consideration.

The Ethical Limits We Should Place on Intelligence Gathering as Part of an Integrated CT Strategy

ABSTRACT This chapter first describes the importance of secret intelligence in protecting the public from terrorist attacks. The use of intelligence in deriving the strategic aim of the integrated U.K. counter-terrorism strategy, CONTEST, and supporting its delivery is examined. The ethical issues associated with the general practice of secret intelligence are identified by referencing the Just War tradition establishing ethical restraints on armed conflict. Parallels are drawn to derive jus ad intelligentiam and jus in intelligentio ethical concepts to govern the acquisition and use of secret intelligence. The chapter concludes by applying these ideas to the techniques currently in use for counter-terrorism, especially the role of digital intelligence gathering today in helping uncover terrorist networks and frustrate attacks. Specific areas of counterterrorism work that nevertheless continue to raise significant ethical issues are identified.

Luther’s Contribution to the Just War Tradition

Luther appropriated much of the Medieval “just war” tradition, although he also reduced the legitimate grounds for war and made original contributions, including a rejection of crusades and an assertion of the right of conscientious objection. His critical reception and contributions emanated from his distinction between the two kingdoms as well as his teaching on the three orders of creation.

The Responsibility to Protect: A 'just' intervention?

This working paper examines the responsibility to protect from the perspective of the just war tradition.

Why the Ethics of War needs the Social Sciences

Abstract This paper argues that, for both sociological and epistemic reasons, the ethics of war needs the social sciences and, accordingly, sets an alternative to the two prevailing approaches in the literature in the ethics of war field, i.e. the just war tradition model and the ethics of war theory. Given what we learn from the factual description of war and its interpretation in the social sciences, and given what their epistemic premises are, both models - and more particularly the second one – fail to address important normative issues that arise in the course of warfare. Based on the discussion of two case studies – states’ policy in the face of hostage-taking and the rule of proportionality – I argue it is important to move beyond the divide between a state-centric approach (the just war tradition) and an individualistic one (the ethics of war theory): it is indispensable to take into consideration other social spheres where norms emerge and find, between those spheres, some ‘overlapping normative ground’. I argue, both sociologically and normatively, that norms rely upon interlocking sets of expectations. I also argue that these social expectations need to be thoroughly examined in order to ascertain the plausibility of norms in warfare. As a conclusion, for reasons that are both sociological and normative, I stress the political importance, within a liberal and knowledge-oriented society, of the access to facts that always need to be interpreted when making normative claims.

RETHINKING: PHILOSOPHICAL FOUNDATION OF HUMAN RIGHT

Human rights are grand political philosophy of the modern times which have transcended national boundaries to become aspiration of humankind. Centred upon moral belief propelled on metaphysical moral assumption with its origin in Christianity pity and Enlightment discourse, however, human rights have become a sort of moral imperialism of our time which exclude and include humanity on the basis of coloniality of power. The combination of emotional/moral appeal and lack of conceptual clarity makes human rights immensely effective as a rhetorical tool and serve as a moral apparatus for humanitarian intervention into the third world countries. Both, the just war tradition and those who theorize the ethics of the law of armed conflict have taken moral and political reality of human rights seriously. Taking anti-foundational approach by challenging its main elements such as ‘universality’ and ‘morality’ this paper would argue that moral premises of human rights is flawed.

Igitur qui desiderat pacem, praeparet bellum atomica

ABSTRACT Is it coherent to defend nuclear deterrence from an ethical and just-war point of view, given the likely devastating effects of an actual nuclear exchange? This article holds that the salutary effects of successful deterrence are so substantial that, given the state of the world today, such deterrence does abide by the proportionality criterion of the just war tradition when considered against the direct political effects of deterrence, not the military effects of detonations. This article further explores why such salutary political effects are likely to remain viable in the twenty-first century, given both technical and political developments. The article also explores some of the main arguments against nuclear deterrence derived from the Cold War and considers to what extent they are relevant today.