International law is an imperfect tool, but a growing body of law constrains when states fight and how states fight
The specific issues posed by the 2003 Iraq war point to a more general set of questions that have been debated for centuries - the ethics of war and what kinds of war may or may not be deemed to be 'just'
Realists
Wars happen and that is that, there's no point worrying about morality - the main aim is to win the war and not to worry too much about its causes or the means employed to win it
Pacifists
Wars are by definition barbaric and can therefore never be justified by morality or ethics
The Peace of Westphalia reflected the idea of territorial understanding of political power (sovereignty)
Geographically self-contained political community
With its own law and government, defence of boundaries
The plurality which boundaries maintain is constitutive of the states system as a whole
Non-intervention
No state may interfere in the domestic affairs of another state
Non-intervention is intended to preserve the power of existing international boundaries and the sovereign communities within them
International security is associated with the preservation of the existing plurality of states that boundaries create, hence the international presumption in favour of the territorial integrity of existing states and against secession and irredentism
Jus ad Bellum
International law deals with rules and conventions surrounding the legality of going to war, sets criteria to judge whether an actor's choice to go to war is justified
Jus in Bello
International law that governs the types of behaviour that an actor can use to prosecute a war, sets criteria to determine whether a war is being fought 'in a just manner'
Jus ad Bellum criteria
Just cause: self-defence or defence of a 3rd party
Right authority: only states can wage legitimate war
Right intention: address an injustice or aggression, not glory/expansion/loot
Last resort: exhausted all other reasonable avenues of resolution
Reasonable hope of success
Restoration of peace
Proportionality of means and ends
Jus in Bello criteria
Proportionality of means: minimal, proportionate force and weaponry
Non-combatants immunity: do not directly target non-combatants
Law of double effect: unintended but foreseeable civilian deaths
Just War Theory (JWT)
A set of guidelines for determining and judging whether and when a state may have recourse to war and how it may fight that war
The aim of JWT is not a just world, instead it aims only to limit wars by restricting the types of justification that are acceptable
Deciding that a war is just does not mean that it is good - a just war is permissible because it is the lesser of two evils, but remains an evil nonetheless
War is arguably the oldest topic in international relations, and one of the most uncomfortable - studying humanity at its most brutal and barbaric
Today's 'new wars' are the latest evolution of this ancient phenomenon, a negative consequence of globalisation that is sometimes overlooked
Peace is often defined simply as the absence of war
Peace and war are obviouslyconnected
Given a choice, most individuals and states claim to prefer peace as it does not kill their citizens, allows economies to function, and is generally less expensive than conflict
Peace seems morally superior and is deemed socially positive, as opposed to being warlike, which carries political risks
Negative Peace
Absence of war
Positive Peace
Absence of social injustices caused by structural violence (starvation, ethnic-racial conflicts, lack of human security)
Structural violence refers to the deprivation, repression and alienation built into social, political and economic structures, which may kill more people in the long term than direct violence
Types of Violence
Classical Violence: deliberate infliction of pain
Deprivation: lack of fundamental material needs
Repression: loss of human freedoms
Alienation: against identity and non-material needs
Peace treaties, peace movements, and peace processes are important practices of peacemaking in international relations
clothing, food and water
REPRESSION
refers to the loss of human freedoms to choose our beliefs and speak out on their behalf
ALIENATION
this is a form of structural violence against our identity and our non-material needs for community and relations with others
How do we make peace?
1. why (and how) do we make peace?
2. three important practices of peace making in international relations:
3. peace treaties
4. peace movements
5. peace processes
Peace Treaties
formal agreements made between official states
Peace Treaties
Peace of Westphalia, 1648
Congress of Vienna, 1814-1815
Treaty of Versailles, 1919
Charter of the United Nations, 1945
Declaration on Granting Independence to Colonial Countries and Peoples, 1960
Peace Treaties
They are agreements between consenting parties, and can therefore assume a legally binding character
They can demand legal compliance from their signatories
Ratification of treaties in domestic institutions may be difficult as some states perceive them as threatening their autonomy/sovereignty
The failure of the USSR, USA and UK to agree on common values helps to explain why their peace talks failed to produce a treaty to end WWII
The growing harmony between the superpowers in the late 1980s helps to explain why the treaties that ended the Cold War were more successful
Successful peace settlements tend to be inclusive, drawing winners and losers alike back into a shared international society