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LEC4- Competent Authority and Right Intention Sept 22 2009

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Tom Hurka

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PHL378: War & Morality
LEC4: Just War Overview/Competent Authority/Right Intention
Sept, 22nd, 2009
! Competent Authority
! Just Cause
! Right Intention
! Reasonable Hope of Success
! Proportionality
! Last Resort/Necessity
! Discrimination
! Proportionality
! Necessity
Just Cause
! if we are invaded by USA the aggression violates the Right to Collective Government
! McKina:
! Offensive wars can be justified/permissible but they are more circumstantial
! pg. 383
when another state doesn't return land
movement of commerce or nationals are impeded
! pg. 385/386
economic Just Causes
! after WWII, only resistance to aggression counts as a Just Cause in the UN charter
! how much aggression does there have to be?
! restrictive: only when you are attacked
! pre-emptive: when another side is just about to attack, and you attack pre-emptively
! preventive: attacking first before another state can gain the technologies to attack you
! Humanitarian Intervention
! UN charter does not sanction humanitarian intervention (it is illegal)
! but that’s a problem in the law
! Independent vs. Conditional Just Cause
! Independent
! resisting aggression
! freeing citizens
! preventing further terrorist causes
! humanitarian intervention
! when you have a Just Cause does that mean you have a duty to pursue it or are you merely
deals with neutrality (think of Swiss)
analogy with self defence is that there is merely a permission to pursue
other view is that there is a duty think of Rawanda, Munich (WWII)
! Conditional
! do not by themselves suffice to satisfy the JC condition
! if you only had CJC, but no IJC then you do not have a Just Cause
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