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Tuesday, October 11, 2005

Just War

Just war is a theory which came from the christianity thought. Becaus it was a taboo for the christians to start a war, the priest wanted to make an excuse to start a war. This is the "just war". By dividing a war in to two categories , just and unjust, the christians allowed themselves to start a war if it was a just one. In this case, a just war meant a war started against another country's violation of the international law.
The just war theory declined and a new theory appeared. This is the "Indiscriminate war theory". The interesting thing about this theory is that the text books in the states and European countries do not use this phrase, but Japan uses it. This theory thinks that a war is an extralegal thing so you can't restrict it by law. Any state has a right to start a war. And this "indiscriminate" means the jus ad bellum, an appropriate justification to enter into war, is indiscriminate. It didn't mean for the jus in bello of course.
As you know, the Treaty for the Renunciation of War was signed and the UN was made. This means the end of the Indiscriminate war. But during the Indiscriminate war theory's period, Just war theory hasn't died out completly. You can see that from the rule of non-interventionin matters of domestic jurisdiction which was made during the In discriminate war period. And after the indiscriminate war period, it is said that the Just war theory restored.


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