This book illustrates that the international laws of war are founded on natural law as conceived in the Catholic Church's Moral Theology. In particular, it treats of the jus ad bellum strand of the international law as contained in the United Nations Charter. This aspect of international law spells out conditions for the legality of resort to interstate armed conflict or war.
The second strand of international law, which this book addresses, is the jus in bello which deals with the right conduct and method of war. With this background, the book then explicates the nature and constituents of natural law from the standpoint of Catholic Moral Theology.
The final part of the book then makes an analysis of the two forms of international law in the light of the understanding of natural law. In this way, it demonstrates that the source of the international regulations concerning recourse to use of armed force in interstate conflicts is actually the values contained in the natural law theory as understood by the Catholic Church.
Table of Contents
1.0 Backdrop on the International Law
1.1 Towards a definition of the International Law
1.2 The objective of the International Law
1.3 Basic Principles of the International Law
1.4 Sources of the International Law
2.0 The Concept of War
2.1 THE INTERNATIONAL RULES OF WAR
2.1.1 The Prohibition of the Threat and Use of Force
2.1.2 The Right of Self-Defense
2.1.3 Instantiation of War vis-à-vis the Laws of War
2.2 THE INTERNATIONAL HUMANITARIAN LAW
2.2.1 Historical Development of the Humanitarian Law
2.2.2 Nature of the International Humanitarian Law
2.2.3 Application of the International Humanitarian Law
3.1 THE THEORY OF NATURAL LAW
3.1.1. Formulation of the Doctrine of Natural Law
3.1.2 The Essential Constituents of Natural Law
3.1.3. The Contents of Natural Law
3.1.4. The Characteristics of the Natural Law
3.1.5. Knowledge of the Natural Law
3.2 NATURAL LAW VIS-À-VIS THE INTERATIONAL LAWS OF WAR AND THE HUMANITARIAN LAW
3.2.1. The General Arguments
3.2.2 The Specific Arguments
Research Objectives and Core Themes
This book aims to explore the moral foundations of international laws governing war and armed conflict by integrating insights from Catholic moral theology. The research seeks to determine whether a shared moral order, rooted in natural law, can provide a universal basis for the enforceability and ethical justification of international humanitarian norms.
- The relationship between international law and modern armed conflict.
- The distinction between jus ad bellum (right to war) and jus in bello (conduct in war).
- The evolution and implementation of international humanitarian law.
- The role of natural law theory in providing an ethical framework for global legal standards.
- The moral responsibility of individuals and states in the context of war crimes.
Excerpt from the Book
2.0 The Concept of War
The reality of war has been defined in various ways. The New Dictionary of Christian Ethics gives a comprehensive view when it asserts that this “term has the principal meaning of armed conflict between or among nations or groups of people; by extension it also can refer to an intense, protracted struggle not involving arms.” It is in the light of such a perception that the Christian tradition has made a distinction between the ‘soldiers of Christ’ who spiritually fight evil, and those who engage in the military service on behalf of the state.
However, the perception of war upon which I have premised this work is that which is contained in the modern International Law. In this regard, it is imperative to note from the outset that the UN Charter itself does not use the word ‘war’, but employs such terms as ‘aggression’, ‘self-defense’, ‘international enforcement’, and ‘use of force’. By so doing, the UN Charter avoids the question as to what exactly embodies war in particular conflicts.
From the perspective of the terminologies, and the conception of the international customary law, the term war refers to that sustained state of conflict between or among sovereign nations, which is carried out by armed force. According to Article 1 (paragraph 4) of the Additional Protocols I of the Law of Geneva, it may also include struggle against colonial domination, alien occupation, and against racist regimes. In other words, it encompasses even those armed conflicts that are waged in the exercise of the right to self-determination as stipulated in the UN Charter and the ‘Declaration on Principles of International Law’ with regard to ‘Friendly Relations and Co-operation among States’. This latter addition is, in any case, highly controversial.
Chapter Summaries
CHAPTER ONE: This chapter provides a foundational framework by defining international law, its objectives, and its basic principles, while locating the contemporary concept of war within this legal system.
CHAPTER TWO: This chapter examines the specific regulations of modern warfare, detailing the rules of jus ad bellum and jus in bello, and analyzing how international humanitarian law governs the conduct of states.
CHAPTER THREE: This chapter serves as the core of the thesis by arguing that international laws of war are fundamentally rooted in natural moral law and drawing authority from this ethical bedrock.
Keywords
International Law, War, Natural Law, Humanitarian Law, Jus ad bellum, Jus in bello, Sovereignty, Human Rights, Catholic Moral Theology, Armed Conflict, Peacekeeping, Just War Theory, United Nations, Self-defense, Ethics.
Frequently Asked Questions
What is the primary focus of this work?
The book investigates the moral foundations of international laws governing war and armed conflict, specifically analyzing how Catholic moral theology can clarify and support these international legal frameworks.
What are the central thematic pillars?
The central themes include the international legal system, the nature of war, the Just War doctrine, humanitarian law, and the underlying influence of natural law on these concepts.
What is the central research question?
The primary research question asks whether a moral order, such as natural law, can provide a universal basis for the binding force and ethical justification of international laws of war and humanitarian law.
Which scientific method is utilized?
The author employs a largely deductive approach, synthesizing documents from the United Nations, Catholic theological sources, and secular legal literature to establish a relationship between natural law and international legislation.
What does the main body of the text cover?
The main body covers the general framework of international law, the specific rules regarding the justification and conduct of war, and a detailed treatment of natural law theory in relation to international norms.
Which keywords best characterize this publication?
Key terms include International Law, Natural Law, Humanitarian Law, Jus ad bellum, Jus in bello, and Just War Theory.
How does the author define war within the legal context?
The author emphasizes that modern international law defines war through sustained conflicts between sovereign nations using armed force, while explicitly avoiding the simple term "war" in favor of legal concepts like "aggression" or "use of force."
What is the significance of the Nuremberg trials in this book?
The author refers to the Nuremberg trials to discuss individual criminal responsibility, arguing that individuals can be held personally liable for atrocities, distinguishing their actions from the state itself.
What role does natural law play in this legal discourse?
Natural law is presented as the essential moral foundation that human laws must reflect to be considered valid and equitable, acting as the ultimate Bedrock for international justice.
How does the author view the enforcement of humanitarian law?
The author recognizes that while enforcement mechanisms like international tribunals exist, they are often complex and depend significantly on the political will and cooperation of sovereign states.
- Quote paper
- Lewis B. Chilufya (Author), 2005, Foundations of the Laws of War. A Brief Perspective of the Catholic Church, Munich, GRIN Verlag, https://www.grin.com/document/387178
