CHAPTER ONE “War Under the Law of Nations a Duel.” In this section the author describes the parallel between the ancient custom of dueling between two men and wars between two nations. He argues the duel between two individuals involved a code similar to the rules warring nations abide by. The goal was simply to arbitrate differences between the parties (either individuals or nations). He points out that within a nation disputes between individuals or provinces are no longer settled as duels or
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Torture “To torture or not to torture” – the main topic in debate between Charles Krauthammer and Andrew Sullivan is whether torture should be permissible under certain circumstances or never at all. The debate of torture between Krauthammer and Sullivan began three years after the Bush administration defined “torture” in the narrowest terms – the permitted coercive‚ physical abuse of enemy combatants if the military necessity demands it. (317) Krauthammer discusses extreme situations that
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Basic rules of international humanitarian law in armed conflicts The seven fundamental rules which are the basis of The Geneva Conventions and the Additional Protocols. This tex has been prepared for dissemination purposes and cannot in any circumstances serve as a substitute for the complete provisions of the international agreements - Extract from "Basic rules of the Geneva Conventions and their Additional Protocols" [pic]1 - Persons hors de combat and those who do not take a direct part in
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International law ------------------------------------------------- Introduction ------------------------------------------------- International law‚ body of rules considered legally binding in the relations between national states‚ also known as the law of nations. It is sometimes called public international law in contrast to private international law (or conflict of laws)‚ which regulates private legal affairs affected by more than one jurisdiction. -------------------------------------------------
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I. PUBLIC INTERNATIONAL LAW • Law that deals with the conduct of States and international organizations‚ their relations with each other and‚ in certain circumstances‚ their relations with persons‚ natural or juridical (American Third Restatement). Basis of International Law 1. Law of Nature School – based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons. 2. Positivist School – agreement of sovereign states to be bound
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War is an extremely controversial topic‚ especially amongst philosophers. It raises many ethical and political questions‚ the most important‚ perhaps‚ being the circumstances under which going to war are justifiable. Views on the law of war vary greatly. Some believe non-violence is the only acceptable approach‚ while others believe preventive war is justified. In this paper‚ we will examine and discuss several philosophers and their ideologies pertaining to war. We will begin with St. Thomas
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JUST WAR In this article‚ firstly I will try to explain the history of Just War‚ and then by examining Melian dialogue‚ I will compare realistic and idealistic idea. After that I will explain the basis of right of individuals and right of society‚ After that I will touch upon the principles of a just cause (jus ad bellum) for war which is called Theory of Aggression and just act (jus en bello) in war which is called War Convention by Michael Walzer. Then I will try to find out Walzer’s Legalist
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The Fortunes of War: The protection given to aid workers under International Humanitarian Law Cian Moran 07304293 Independent Research Project for NUI Galway Supervisor: Professor Ray Murphy Highly commended by the judging panel in the Undergraduate Awards 2012 (Law) "We ’d like to help you." the consul said "But there ’s nothing we can do Well‚ you knew the risks when you took the job After all you ’re not a fool” Beirut Moon by the Stiff Little Fingers (1991) Introduction Armed
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rights and wrongs of it for almost as long. The Ethics of War starts by assuming that war is a bad thing‚ and should be avoided if possible‚ but it recognises that there can be situations when war may be the lesser evil of several bad choices. War is a bad thing because it involves deliberately killing or injuring people‚ and this is a fundamental wrong - an abuse of the victims’ human rights. (www.bbc.co.uk) The rationale of ethics in war is to help in making a decision on what is right or wrong
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COLLATERAL DAMAGE IN THE GULF WAR: EXPERIENCE AND LESSONS THOMAS KEANEY The Gulf War of 1991 introduced a new set of issues concerning collateral damage. Although the U.S. military had faced controversy concerning the targeting and effects of aerial bombing in previous wars of the 20th Century‚ the day-by-day reporting and political context of the Gulf War brought increased scrutiny of the air attacks. Ironically‚ attention increased even as the employment of precision weapons decreased the occurrence
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Total War Total war was introduced to Britain in May 1915 and was to last until the end of the war in November 1918. Total War put the whole country on a compulsory war footing with the government controlling it. When war was declared in August 1914‚ a certain naivety enveloped the whole country. Many did believe that the war would be over by Christmas 1914 - hence the rush by young men to volunteer before the ’fun’ ended. This whole belief that the war would be a short and sharp affair with Germany
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Justifying War James Sterba states in his article entitled Reconciling Pacifists and Just War Theories that it is undeniable that wars bring huge amounts of death and destruction‚ with many of those being innocent people. He states that with the amount of innocents killed during wartimes‚ it is almost impossible to justify warfare at all. The killing of innocents is looked at as a major violation of our social norms and‚ outside of war‚ is punished under the full extent of the law. During wartime
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Iraq War‚ Unjust or Just On March 19th 2003‚ President George W Bush opened his address to the nation by saying “My fellow citizens‚ at this hour American and coalition forces are in the early stages of military operations to disarm Iraq‚ to free its people and to defend the world from grave danger.” (CNN) Bush’s address was the beginning of a costly and long war that resulted in hundreds of thousands of causalities and a hefty increase in national debt. As the U.S slowly recovers from the tragedies
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destruction. According to the Just War Theory‚ war is permissible only to confront “a real and certain danger‚" to protect innocent life‚ to preserve conditions necessary for decent human existence and to secure basic human rights. • Competent authority: Just War Theory states that “War must be declared by those with responsibility for public order‚ not by private groups or individuals.” The War in Iraq was • Comparative justice. In the case of the Iraq War‚ the negatives far outweigh any positives
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In the following “A Drone War Is Still a War” by Michael Kinsley speaks of the issue that using military drones causes civilian casualty and an unfair advantage. Kinsley addresses that we have already become used to the use of drones and that we treat the fact like a usual tactic of combat. The advantages of using drones is quite obvious. No American lives are put at risk‚ and the precision minimizes collateral damage‚ including the deaths of innocents who happen to be nearby. Kinsley states that
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Aquinas‚ in order to justify the just war‚ the war has to meet various principles of jus ad bellum.(Aquinas‚p.240) In this paper‚ I will go through those principles and determine whether the war in The Melian Dialogue is just or not on the Melian’s side. Although some people may argue that the war in The Melian Dialogue meets various principles in the just war framework‚ I will introduce those arguments and rebut those arguments to justify that it was an unjust war. The Melian Dialogue described a
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“No war can ever be justified since any war will put innocent civilians in danger”. Evaluate. Indeed‚ there is arguably no human activity more destructive and more detrimental to the global community than the fighting of war. In the context of this discourse I refer to war as a large scale armed conflict between two or more nations or other political entities. While some may argue that war is morally permissible under certain circumstances‚ it is my opinion that the cost of any war is far too high
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War in Afghanistan Just War theory points out that there can be motives for going to war that do have a moral content‚ and just war theory claims that war can‚ under certain conditions‚ be morally justified. Proportionality is perhaps the most utilitarian of all Just War tenets. It calls upon leaders not to lose their head and engage in costly conflict if there are cheaper (e.g. economic‚ diplomatic) options available to them. There are three main opponents to the Just War theory: the decision to
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THE JUST WAR Amoral realism- The realist part of this is the exercise of power- the realise of power- while the amoral part of it is that it is exercised without reference to a moral language. Instead it is a question of desire‚ glory‚ non moral motivations. Moral Realism- The realist part is‚ once again‚ the view that power can be exercised without any priori restraints on the basis of rights- so that it is consequentialist theory- but the ends to which power is exercised must themselves
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War seems to be the most destructive and horrific type of human interaction. No other venue allows people to kill each other in such massive numbers or to cause such incredible and widespread suffering. Wars often take years to develop‚ can last for years longer‚ and the effects reverberate for decades if not centuries. If war is so awful‚ why do people continue to allow it to happen? Why don’t we simply eliminate it? Curiously‚ some people actually seem to like war. Armed combat is glorified
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