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20 Law & Phil. 1 (2001)

handle is hein.journals/lwphil20 and id is 1 raw text is: BRIAN OREND

(Accepted 2 February 2000)
(T)he structure of rights stands independently of political alle-
giance; it establishes obligations that are owed, so to speak, to
humanity itself... 
There is no right to commit crimes in order to shorten a war.
Michael Walzerl
Jus in bello is the Latin term just war theorists use to refer to
justice in war, to right conduct in the midst of battle. American polit-
ical theorist Michael Walzer has developed an account of jus in bello
which has been influential and subject to much debate, though not
much resolution. This paper will offer an updated, critical and thor-
ough examination of Walzer's account, seeking thereby to further
work on the ethics of war and peace. The subject of wartime justice
has enjoyed something of a renaissance in philosophical interest,
no doubt owing to controversial events in such recent wars as the
Bosnian and Rwandan civil wars, Russia's campaigns in Chechnya,
and NATO's armed intervention in Serbia over Kosovo.
Walzer insists that jus in bello is a category separate from jus
ad bellum, which concerns the justice of resorting to war. A war
begun for the right reasons is, for Walzer, a war fought in response
to aggression, defined as (a)ny use of force or imminent threat
of force by one state against the political sovereignty or territorial
integrity of another... 2 Such state rights are themselves founded,
ultimately, upon individual human rights to life and liberty. The
most obvious example of an act of aggression would be an armed
1 Michael Walzer, Just and Unjust Wars (New York: Basic Books, 2nd ed.,
1991), 158, 210.
2 Walzer, Wars, 62.
L4 Law and Philosophy 20: 1-30, 2001.
11l © 2001 Kluwer Academic Publishers. Printed in the Netherlands.

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