Argument: Just war doctrine is an anachronism

The ‘Global War on Terror’, according to the Bush administration and its legal team, ushered in a new ‘paradigm’ of warfare. [1] Characterised by non-state actors, acting across international borders, often from failed states, just war theory is arguably out of its depth in dealing with it. The United States’ war in Afghanistan was not proportional, had little prospect of success in eradicating the ideology of Al-Qaeda itself and certainly was not a last resort, but nevertheless many felt it was ‘just’ in 2001.

[1] Lukach, T. (2005, March 17). War on Terror creates New Paradigm for Guard, Reserve. Retrieved May 9, 2011, from U.S. Department of Defense: http://www.defense.gov/news/newsarticle.aspx?id=31175

Candidate 1: "The traditional just war framework may be difficult to apply to the contemporary war on terror, but whilst war remains, we must possess the just war framework as a strategic tool to both prevent and regulate its occurrence. Whilst they may involve the alteration of certain criteria, as has happened throughout its history, it does not suggest it has lost all use. The Bush administration’s attempts to circumvent the jus in bello principles of non-combatant immunity were stalled, albeit belatedly, by widespread public disapproval, proving the basis for just war thinking is not in vain idealism but moral intuition. Therefore the just war doctrine is not only necessary but to an extent, innate."
Candidate 2: "War is a necessary element in international affairs when there is no scope for diplomacy and conditions dictate that force is necessary to prevent or stop suffering. Few would argue that the United States was acting unjustly in entering the 2nd World War, or that more generally the defeat of the Nazis was an unjust act on the behalf of the Allies.

Furthermore, just war theory has little to say on the overall existence of war, but merely seeks to regulate war as a permanent feature of international society. War, as an institution and a human activity, has existed for as long as there have been political communities. The resort to force is therefore not one made due merely to a belief in its legitimacy but a belief in its utility. Just war theory acts therefore as a series of moral criteria to regulate the resort to warfare in order to prevent, rather than exacerbate, war for war’s sake. It recognizes the ‘war is hell’ mentality and is, if anything, born from it, encouraging a resort to force only in cases where diplomacy is unable to function and war is strictly necessary. Even then, jus in bello principles apply to regulate the conflict itself, ensuring that a just war does not descend into the use of illegitimate means and methods of warfare. It does not purport to comment on the matter of the existence of warfare, merely recognises its occurrence and seeks to regulate both its regularity and bloodshed."
Candidate 3: "War has always been an option in international affairs; few rulers before just war theory was developed felt constrained by the absence of such a moral framework. What the just war criterion provide for is a regulatory framework whereby war cannot break out before at least one side satisfies the criterion. As such, this ensures a temporal space for diplomatic negotiations to play out and if necessary, for either top-down pressure from more powerful states or bottom-up pressure from the public to alleviate any desire for war."

The traditional just war framework may be difficult to apply to the contemporary war on terror, but whilst war remains, we must possess the just war framework as a strategic tool to both prevent and regulate its occurrence. Whilst they may involve the alteration of certain criteria, as has happened throughout its history, it does not suggest it has lost all use. The Bush administration’s attempts to circumvent the jus in bello principles of non-combatant immunity were stalled, albeit belatedly, by widespread public disapproval, proving the basis for just war thinking is not in vain idealism but moral intuition. Therefore the just war doctrine is not only necessary but to an extent, innate.
