1 / 11

Jus in bello

Just Conduct in War. Jus in bello. Some of the rules of jus in bello:. Proportionality Discrimination and non-combatant immunity Fair treatment of prisoners of war No means mala in se No reprisals Respect the Rights of Your Own Citizens. . Proportionality.

wes
Télécharger la présentation

Jus in bello

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Just Conduct in War Jus in bello

  2. Some of the rules of jus in bello: • Proportionality • Discrimination and non-combatant immunity • Fair treatment of prisoners of war • No means mala in se • No reprisals • Respect the Rights of Your Own Citizens.

  3. Proportionality • Force should be proportional to the end sought. • The evil of war must be weighed against the good results gained by war • Consider Dresden – how larger scope should proportionality be considered under? • Would considering proportionality stop Nuclear war?

  4. Discrimination and non – combatant immunity • Those at war must distinguish between appropriate and inappropriate targets. • In practice this generally means distinguishing between innocent civilians and those involved in waging war. • In 1983 the US Catholic Bishops said the “lives of innocent civilians can never be taken directly.” What does this actually mean?

  5. Discrimination and non – combatant immunity cont.Robert Holmes • Suggests categorising people depending on their involvement in the war: • The initiators of the war: the government or leaders. • The agents of the war: the military commanders and the combatants. • Contributors to the war effort: those who work in munitions, military research or propaganda. Tax payers? • Those who approved of the war without actually encouraging it. • Those who neither contribute to nor support war – children, some elderly people, people in prison.

  6. Category Rank as targets and explain why 1. The initiators of the war: the government or leaders. 2. The agents of the war: the military commanders and the combatants. 3. Contributors to the war effort: those who work in munitions, military research or propaganda. Tax payers? 4. Those who approved of the war without actually encouraging it. 5. Those who neither contribute to nor support war – children, some elderly people, people in prison

  7. Fair Treatment of Prisoners of War • Geneva Convention – should be kept in benevolent quarantine, away from the battle and the war ends, when they should be exchanged for ones own POWS. • Do terrorists deserve the same protection?

  8. No means mala in se – bad in itself • Soldiers may not use weapons or methods of warfare which are evil in themselves such as mass rape, genocide or ethnic cleansing. • What does and doesn’t fit under the scope of war?

  9. No Reprisals • When country A violates jus in bello whilst at war with country B. Country B then retaliates with its own violation of jus in bello, seeking to make country A obey the rules.

  10. Respect the Rights of Your Own Citizens • Includes issues of censorship, propaganda and conscription • The cover of war?

  11. Junk modelling In pairs/threes make a model representing one of the six criteria ready for the class to discuss.

More Related