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Just War Theory v/s Unconventional Weapon. An Analysis from Ethical Moral and Legal Perspective

Author(s): Sindhu Vijaya Kumar

Journal: Acta Universitatis Danubius : Relationes Internationales
ISSN 2065-0272

Volume: 5;
Issue: 1;
Start page: 5;
Date: 2012;
Original page

Keywords: Jus Naturae | Ju s Gentium | Jus ad bellum | Jus in bellow | Jus Post bellum

Just war theory deals withthe justification of how and why wars are fought. Thejustification can be either theoretical or historical. The theoretical aspect is concerned with ethicallyjustifying war and the forms that warfare may or may not take. The historical aspect, or the “just wartradition,” deals with the historical body of rules or agreements that have applied in various warsacross the ages. For instance, international agreements such as the Geneva and Hague conventions arehistorical rules aimed at limiting certain kinds of warfare which lawyers may refer to in prosecutingtransgressors, but it is the role of ethics to examine these institutional agreements for theirphilosophical coherence as well as to inquire into whether aspects of the conventions ought to bechanged. The just war tradition may also consider the thoughts of various philosophers and lawyersthrough the ages and examine both their philosophical visions of war’s ethical limits (or absence of)and whether their thoughts have contributed to the body of conventions that have evolved to guidewar, especially nuclear warfare which is an unconventional weapon. The seriousness of suchprohibited weapon was a debatable issue not only in the contemporary law of armed conflict but, alsoin the ancient law of war. This paper shall try to evaluate the essence of just war theory in a newdimension interlinking it with ethics and moral value to judge the use of unconventional weapon andcondemn it as inhuman and against the theory of just war.
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