Is War Just and Legal? An Ethical Review of the ‘Just War’ Theory

Abstract

The history of mankind is beleaguered with periodic wars between nations and groups that resulted in massive devastation of human lives, property, environment and civilizations. The Second World War, for one, was the most destructive war ever recorded. In its aftermath, many scholarly thinkers and leaders began intense debate on the ‘legal and moral’ justifications of war, its prevention and the promotion of the just-war theory as an essential norm that regulates conflicts between modern states and other international actors. The theory is based on the spirit of righteousness of conduct, responsibility, proportionality of actions and the active promotion of peacemaking among groups in conflict. The main argument of this paper is whether the concept of 'just war' is feasible to provide an ethical and legal framework to understand the relationships between humans, groups and states in managing conflicts. To discuss the main argument, the article is divided into three sections. The first section delves into the ethical and legal debate over what constitutes a just war, especially drawing from duty-based and utilitarianism perspectives. The second part examines the interactions between humans (as subjects) and states (as authority), particularly concerning the perceived centrality of the state. The third part examines how the just-war theory is adapted and manifested in the globalized and interdependent world.