PLIR 3310 Lecture Notes - Lecture 10: Jus Ad Bellum, Preemptive War, Preventive War

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Week 10: jus in bello: rules for fighting, theoretical basis and constant difficulty a. i. Hard to accept that they have to apply on both sides: rules apply independently and equally to both sides, basic principles: c. i. Jus in bello - it is always wrong to attack non-combatants c. ii. Collateral damage and the rule of double effect c. ii. 1. c. ii. 2. Act good in itself, ie a legitimate act of war. What you"re doing to soldiers - ie, not engaging in c. ii. 3. wholesale poisoning; meets test of proportionality. Intention of actor is good, ie aims only at the at the acceptable military effect; the evil effect is not one of his ends, nor is it a means to his ends c. ii. 4. The good effect is sufficiently good to compensate for allowing the evil effect: problems with the intent provision: thus walzer"s restatement: d. i. 5000 people killed: applying the rules: walzer"s supreme emergency , possible stances: a. i.

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