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JUST WAR and GLOBAL JIHAD. FIRST PRINCIPLES: To Fight or Not To Fight. RELIGIOUS APPROACHES. Pacifism Non-Resistance Just War Preemptive War. RELIGIOUS OBJECTIONS. “You shall not commit murder.” Exodus 20:13. RELIGIOUS OBJECTIONS.
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JUST WAR and GLOBAL JIHAD
FIRST PRINCIPLES:To Fight or Not To Fight Just War and Global Jihad
RELIGIOUS APPROACHES • Pacifism • Non-Resistance • Just War • Preemptive War Just War and Global Jihad
RELIGIOUS OBJECTIONS • “You shall not commit murder.” • Exodus 20:13 Just War and Global Jihad
RELIGIOUS OBJECTIONS • “Put your sword back in its place . . . for all who draw the sword will die by the sword.” • Matthew 26:52 • “But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also.” • Matthew 5:39 Just War and Global Jihad
RELIGIOUS OBJECTIONS • “But I say to you who hear, Love your enemies, do good to those who hate you, bless those who curse you, pray for those who abuse you. To one who strikes you on the cheek, offer the other also, and from one who takes away your cloak, do not withhold your tunic either.” • Luke 6:27-29 Just War and Global Jihad
THEOLOGICAL CONSIDERATIONS • Obligations in various spheres • Personal Responsibility • To be gracious and forgiving for personal insult • Church Responsibility • To be an instrument of grace and forgiveness • Civic Responsibility • To uphold standards of justice and civic duty Just War and Global Jihad
THEOLOGICAL CONSIDERATIONS • “Soldiers also asked him [John the Baptist], ‘And what shall we do?’ And he said to them, ‘Do not extort money from anyone by threats or by false accusation, and be content with your wages.’” • Luke 3:14 Just War and Global Jihad
THEOLOGICAL CONSIDERATIONS • “When he entered Capernaum, a centurion came forward to him, appealing to him, . . . And to the centurion Jesus said, ‘Go, let it be done for you as you have believed.’” • Matthew 8:5,13 Just War and Global Jihad
THEOLOGICAL CONSIDERATIONS • “For rulers are not a terror to good conduct, but to bad . . . for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer.” • Romans 13:3,4 Just War and Global Jihad
LAWS OF WAR“The Rationale” Just War and Global Jihad
THE RATIONALE • “We often talk of a fight as a ‘loss of control’ or a ‘breakdown of order.’ But conflicts between nations are usually highly ordered arrangements in which even antagonists are expected and often do comply with certain commonly shared expectations about the ‘right way to fight.’ The adage notwithstanding, all is not fair in love and war.” -The Laws of War, xvii Just War and Global Jihad
THE RATIONALE • “But because different antagonists may have quite different conceptions of the objectives of war and politics and the relationships between them or they may live by different codes of chivalry or ‘fair play,’ and because, since the Industrial Revolution, the technology of weapons has changed rapidly and competitively, key expectations about ‘the right way to fight’ have often been unstable or uncertain for certain weapons or certain types of tactics.” -The Laws of War, xvii Just War and Global Jihad
THE RATIONALE • “Efforts toward limitations and prohibitions on the use of certain armaments are part and parcel of the history of warfare, and professional soldiers have always had an obvious common interest in arrangements that were mutually beneficial.” -The Laws of War, xvii Just War and Global Jihad
THE RATIONALE • “Of course, the possibilities of reaching even minimal accommodation depend ultimately on the type of war under way. ‘Wars of annihilation,’ in which one group’s objective is the obliteration of the other, do not lend themselves to anything approximating what we would call a law of war. ‘Wars of control,’ in contrast, have proven to be a more fertile ground for legal development.” -The Laws of War, xviii Just War and Global Jihad
THE RATIONALE • There are problems with the Laws of War • “The sources of the law of armed conflict, like international law of which it is a part, are more diverse and complex that in domestic legal systems.” • “While there is an International Court of Justice (ICI) in The Hague . . . Its competence in each case depends upon the prior agreement of the states concerned.” -The Laws of War, xix Just War and Global Jihad
LAWS OF WAR“The Conventions” Just War and Global Jihad
THE HISTORY • “. . . most of the law dealing explicitly with conduct in the course of armed conflict initially was codified at . . . The Hague . . .” • “The International Committee of the Red Cross (ICRC) was founded in Geneva in 1864 . . . [and] has convened many of its conferences in Geneva . . . therefore the stream of . . . laws of war that the ICRC initiated has been referred to as ‘Geneva Law’” -The Laws of War, xxi Just War and Global Jihad
THE HAGUE CONVENTIONS • Article 1. “The contracting parties shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the Laws and Customs of War on Land, annexed to the present Convention.” October 18, 1907, The Hague, • The Laws of War, 38 Just War and Global Jihad
THE GENEVA LAWS • 1949- Many warring parties gather to enact “four conventions” dealing with laws of war, and humanitarian concerns. • 1954- Geneva Conventions come into force • 1) Wounded, Sick, Armed Warfare • 2) Wounded, Sick, Naval Warfare • 3) Prisoners of War • 4) Treatment of Civilians -The Laws of War, TOC Just War and Global Jihad
ADDITIONAL CONVENTIONS • 1977- Two new protocols added to the 1954 Geneva Conventions • Purpose was to address new concerns raised by wars of liberation, “guerilla war” • Protocol 1 attempted to classify as combatants those who engage in warfare but do not wear distinctive military uniforms or carry arms openly- Think Gitmo • Opposed by U. S. -The Laws of War, xxix-xxx Just War and Global Jihad
JUST WAR“Jus ad Bellum” Just War and Global Jihad
1. JUST CAUSE • “All aggression is condemned; only defensive war is legitimate.” War: Four Christian Views, 120 Just War and Global Jihad
2. JUST INTENTION • “The only legitimate intention is to secure a just peace for all involved. Neither revenge nor conquest nor economic gain nor ideological supremacy are justified.” • War: Four Christian Views, 120 Just War and Global Jihad
3. LAST RESORT • “ War may only be entered upon when all negotiations and compromise have been tried and failed.” • War: Four Christian Views, 120-1 Just War and Global Jihad
4. FORMAL DECLARATION • “Since the use of military force is the prerogative of governments, not of private individuals, a state of war must be officially declared by the highest authorities.” • War: Four Christian Views, 121 Just War and Global Jihad
JUST WAR“Jus in Bello” Just War and Global Jihad
1. LIMITED OBJECTIVES • “If the purpose is peace, the unconditional surrender or the destruction of a nation’s economy or political institutions is an unwarranted objective.” • War: Four Christian Views, 121 Just War and Global Jihad
2. PROPORTIONATE MEANS • “The weaponry and the force used should be limited to what is needed to repel the aggression and deter future attacks, that is to say to secure a just peace. Total or unlimited war is ruled out.” • War: Four Christian Views, 120 Just War and Global Jihad
3. NONCOMBATANT IMMUNITY • “Since war is an official act of government, only those who are officially agents of government may fight, and individuals not actively contributing to the conflict (including POWs and casualties as well as civilian non-participants) should be immune from attack.” • War: Four Christian Views, 120 Just War and Global Jihad
JUST WARFinal Thoughts Just War and Global Jihad
MODERN CHALLENGES • Nuclear Proliferation, Proportionality, MAD • Islamic Terrorism- Global Jihad • A religious ideology • Not a nation-state with a uniformed Army • First Strike Capabilities • Pearl Harbor vs. World Trade Center • Nuclear, Biological, Chemical WMD • Media Complications • Angles of Vision • Capacity for Horror Just War and Global Jihad
Q and A Just War and Global Jihad