PHILOS 3P03 Lecture Notes - Lecture 5: Jus Ad Bellum, Just War Theory, Post Bellum
14 Mar 2016
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Jus post bellum: retributive vs rehabilitative, minimalist vs maximalist. Orend derives a lot of his jus post bellum principles from jus ad bellum. Orend: responsibilities of jus post bellum apply to the victor. Lack of clarity can allow for confusion of issues that ought to be kept distinct: conflation: does one run together considerations that are distinct, exclusion: does one overlook relevant implications assumptions/aspects. Jus ad bellum: just cause- determines what aims can be pursued in the war. It determines what aims can be pursued in peace. Wars can only aim at rights vindication, must stop when rights are vindicated. Ex/ war over a city, keep fighting until you get your city back then must stop. Only impose terms of peace necessary for rights vindication. Can only occupy, not conquer ex/ genocide- justified to occupy a country but not to conquer and gain power (power is very restricted) Restraining just victors: victors will tend to excess (vengeance).
