PHL378H1 Lecture : LEC4- Competent Authority and Right Intention Sept 22 2009

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copperclam445

16 Aug 2010

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PHL378: War & Morality

LEC4: Just War Overview/Competent Authority/Right Intention

Sept, 22nd, 2009

JAB

! Competent Authority

! Just Cause

! Right Intention

! Reasonable Hope of Success

! Proportionality

! Last Resort/Necessity

JIB

! Discrimination

! Proportionality

! Necessity

Just Cause

! if we are invaded by USA the aggression violates the Right to Collective Government

Determination

! 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

permitted?

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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Document Summary

Just cause if we are invaded by usa the aggression violates the right to collective government. offensive wars can be justified/permissible but they are more circumstantial. 383 when another state doesn"t return land movement of commerce or nationals are impeded. after wwii, only resistance to aggression counts as a just cause in the un charter. 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. un charter does not sanction humanitarian intervention (it is illegal) but that"s a problem in the law. Genocide & ethnic cleansing counts as independent just cause & does not count as. right intention is dependent on jc condition. war is just if you are intending at the jc. we have to be motivated only by the just cause.

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