Jus%20in%20bello

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Jus in bello

• Just Conduct in War

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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.

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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?

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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?

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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.

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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?

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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 doesnt fit under the scope of war?

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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.

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Respect the Rights of Your Own Citizens

• Includes issues of censorship, propaganda and
  conscription
• The cover of war?

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Junk modelling

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