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POL208Y1 Lecture #7 International Crisis .docx

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Political Science
Lilach Gilady

POL208Y1 – Lecture #7 international crisis 11/05/2012  Just War Theory; compromise between Machiavellian view to a more passivist view that views war as evil.  Just Ad Bellum  Jus in Bello  Just Post Bellum  5 conditions for Just Ad Bellum o Just cause – self defense (UN Charter) o Once we start breaking down the concept it becomes less clear. o Last resort, every other thing short of war before we can justify it. o Declared publicly by a legitimate authority. o Proportionality – benefit outweighs harm o The war is winnable  If the war qualifies for all conditions, its is a just war.  Just in Bello o Hague (1899, 1907); Geneva (1949), trying to regulate and limit the actions that would be damaging during war. o Discrimination – protecting civilians (Geneva; nuclear weapons? (deterrence) aerial bombing („smart bombs‟)? Terrorism) o International law trying to create incentives to wear unifroms because it allows us to protect civilians. o Proportionality – double effect (Agent Orange). Not about the balance of casualties, not counting casualties, recognizes that to almost every act we engage in war, if we‟re trying to bomb the headquarters of the enemy, attack has two effects, one that we intended and the one that we did not intend and that is killing civilians. The one that we intended and the one that we did not intend, this is where the proportionality comes. Needs to outweigh potential benefits, double effect. Balancing the good and the bad that happens when we engage in war. o Clear strategic reason behind it, we start seeing problems with the douhle effect. Difficult to justify the good that agent orange provided because of its destruction and environmental damage. o Type of weaponry  Jus Post Bellum o Nurembergs; Milosevic; Rwanda (Gacaca, ICTR); ICC; Saddam o Reparations o The „justice‟ of the winners? o Post war responsibilities – you broke it, you own it. o Treatment of occupied territory and population o Just occupation? (humanitarian interventions). o Can an unjust war lead to a just post-bellum? Can a just war lead to an unjust post-bellum?  Does it matter?  Realists: at best what we see is organized hypocrisy, want to be seen as an ethical way of fighting war.  However: decision makesr and generals use the language of Just War Theory; Certain strategies of war are less acceptable today; Indication of changing norms? Changing technology? Does it affect policy?  “the illegal we do immediately. The longer unconstitutional takes a little longer” Kissinger  New rules for the war on terror?  International Crisis  Why study Int‟l Cris
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