The Concept of Just War

By Natalio A. Yaria

Historical Context
The concept of the Just War was born of a bleak and seemingly intractable paradox: war seen as an ethically perverse phenomenon and, at the same time, to be accepted precisely to avoid greater evils. In that regard, it is a theory that originated from within Christianity: a substantially pacifist religion, but at the same time, exposed for centuries to the task of protecting the West from dangerous threats.

Theoretical framework

In these historical experiences developed functional elements resulting in a Legal Model based on a set of steps and rules of conduct that define a) the conditions under which the war can be an act morally acceptable; b) the rules should be used to lead a military conflict; and c) the steps that must be used to end the hostilities. This model of thought originates with the reflections of St. Augustine, Thomas Aquinas, and Francisco de Vitoria. Augustine considered necessary defense State although they are morally imperfect, as an alternative to the case, who knew well by having lived at the time of the barbaric invasions on the Roman Empire. The participation in these wars was something the author justified only in case of aggression from a foreign force with acts that would constitute a breach of the peace.

Medieval Christian contributions on the Just War theory evolves into a secular theoretical version after 1648. The Just War theory comes to our days in the form of three stages, and rules of conduct that define under what conditions the war can be morally acceptable act: The Just ad bellum or right to engage in a war is concerned on the behavior of the participants in the conflict.  The Jus in Bello has been created 150 years ago and is in constant evolution. The 1949 Geneva Conventions are its core. The "right in the war" which is aimed, in time of war, at alleviating the conditions of wounded combatants, prisoners, civilians and their property. Carries itself hope, contradictory nature preserve what remains of universal morality in a state of affairs which is situated outside of moral norms.

Jus post bellum or right after the war concerns the terminal stage and peace agreements which must observe a standard of fairness to all the parties involved. At this stage to distinguish between possible reconstruction of the existing conditions before the start of a conflagration, and permanent construction of peace, which includes the right of the war as well as establishing conditions for sustainable peace ethics is establishing long-term conditions economic, cultural, political, legal, educational and media necessary for democratic, just and peaceful resolution of conflicts when they are emerging on the horizon.