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Lecture 8

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Political Science
Joseph Bryant

Lecture 8: 11/03/10 Laws of War – Just War Doctrine a) Jus ad bellum (when) b) Jus in bello (how) HOW: how may force be used/by what means? - Moral discourse (ethics) informs the legal discourse (law) The principles of Jus in Bello are: a) Contra crusade tradition, HOW matters b) Non-combatant immunity c) Proportionality (the proportional use of force) Nuclear weapons: An attack cannot be launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage [non-combatant immunity] Targeting Civilians: - Attacks must be limited to combatants and military targets - Civilian objects (houses, hospitals, schools, places of worship, cultural or historic monuments, etc.) must not be attacked - Starvation of civilians as a method of combat is prohibited - Vulnerable groups, such as pregnant women, and nursing mothers, unaccompanied children, the elderly, etc., must be given special protection MONSTER SOURCES: a) Geneva Convention on… Civilian Shields: - Using civilians to shield military targets is prohibited - It is prohibited for combatants to pose as civilians - Children under 15 may not be recruited or used as combatants Proportionality: - It is prohibited to attack objects that are indispensable to the survival of the civilian population (foodstuffs, farming areas, drinking water instillations, etc.). - It is prohibited to attack dams, dykes or nuclear power plants if such an attack may cause severe losses among the civilian population POW Protection: - People in the hands of the enemy have the right to exchange news with their families and to receive humanitarian assistance (food, medical care, psychological support, etc.) - Parties to the conflict must search for and care for the enemy, the wounded and the sick who are in their power [the moment they surrender they are non- combatants] - It is prohibited to kill or wound an enemy who is surrendering or who is hors de combat - Prisoners are entitled to respect and must be treated humanely [because prisoners are non-combatants] **All of these limitations can be traced back to the moral discourse - Military and civilian medical personnel and facilities (hospitals, clinics, ambulances, etc.) must be respected and protected and must be granted all available help for the performance of their duties - The Red Cross and Red Crescent emblem symbolize the protection of medical personnel and facilities. Attacks on persons or objects wearing the emblem are prohibited. - Medical units and transports shall not be used to commit acts of harmful to the enemy. - In the treatment of the wounded and sick, no priority should be given except on medical grounds Proportionality: - Specific weapons are prohibited – chemical or biological weapons, blinding laser weapons, weapons that injure the body of fragments that escape detection by x-rays, poison, anti-personnel land mines, etc. Proportionality: - No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment [corporal punishment: punishment without due process - torture] - Sexual violence is prohibited - Everyone is entitled to a fair trial. Collective punishment is prohibited. [principles of natural justice – due process includes the right to a fair trial in front of a fair jury, the right to face your accuser, etc. “you’re all Americans and thus you’re all guilty” = collective punishment] Collateral Damage & Proportionality: - Attacks or weapons which indiscriminately strike civilians and military objects and persons, and which cause excessive injury or suffering, are prohibited SOURCES GENEVA CONVENTIONS (1949) – on the protection of non-combatants - Non-combatant immunity - Persons not directly taking part in hostiliti
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