THE JUST WAR TRADITION AND NATURAL LAW: A DISCUSSION: THE AUGUSTINIAN JUST WAR TRADITION AND THE PROBLEM OF PRETEXT IN HUMANITARIAN INTERVENTION
In: Fordham International Law Journal, Jg. 28 (2005-02-01), S. 756
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I come to the subject matter of Professor Elshtain's lecture as a lawyer, not as an ethicist, a philosopher, or a theologian. Although I have some formal training in political theory, my work in this area focuses principally on the laws of war, not the moral concept of the just war. (Of course, as I have discovered in teaching and writing on the laws of war, it is virtually impossible to separate altogether legality and morality on the subject.) A consequence of this difference in approach may be a more hospitable view of the existing international laws of war governing the resort to armed force. 1 I would like to defend the laws, however, on Professor Elshtain's own terms. That is to say, I will not challenge at the start her assumption of undue restrictiveness in the current laws governing the use of armed force in international affairs - her implicit claim that the existing laws forbid wars that are moral under the Christian just war tradition. Nor will I engage in a defense of what she presumes those laws to be by reference to lawyerly arguments or explanations grounded in international-relations theory. Rather, I will try to show how the present laws of war might be viewed as consistent with the Augustinian just war tradition. The modern international legal regime, codified in the Charter of the United Nations ("U.N. Charter"), permits States to engage in war only in "individual or collective self-defense if an armed attack ...
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THE JUST WAR TRADITION AND NATURAL LAW: A DISCUSSION: THE AUGUSTINIAN JUST WAR TRADITION AND THE PROBLEM OF PRETEXT IN HUMANITARIAN INTERVENTION
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Autor/in / Beteiligte Person: | Lee, Thomas H. |
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Zeitschrift: | Fordham International Law Journal, Jg. 28 (2005-02-01), S. 756 |
Veröffentlichung: | 2005 |
Medientyp: | academicJournal |
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