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  • Essay / The Just War Doctrine - 976

    War, in all its forms, is tragic. International law was created to establish a basis of rules to follow – including war – and states signed such a contract. The actions of states in a constantly globalizing world are difficult to control. The source of international law operates in the hands of the United Nations. The application of the law occurs through reciprocity, collective action and the display of international standards (Goldstein, p. 254). The war was actually given a justification, although it is questionable whether the basis of this idea is correct or not. Wars can be just under certain conditions. The Just War Doctrine was written to provide a justification for wars. Ultimately, the legality of wars is defined by the United Nations Charter. The just war doctrine divides the laws regarding war into two parts. The first concerns when war is authorized (jus ad bellum), and the second concerns the manner in which a war is fought (jus in bello). A just war is separate from the principle of an aggressive war; just wars are legal, while aggressive wars are illegal (Goldstein, p.263). Aggression refers to a state using force against the territory or sovereignty of another state. According to just war theory, although a war of aggression is illegal, a war fought in response to aggression is legal. This concept is the only authorized use of military force, as set forth in the just war doctrine. Just war theory evolves around the concept of aggression. For a situation to constitute aggression, the threat or use of force must be clearly visible. Since responding to aggression is the only authorized use of military force, it is not legal to attempt to change another state's government or its ideals. The United Nations Charter emphasizes that war is not... a matter of paper... it is automatically created, whether uttered by the state that inhibits the threat. If no action were taken because states chose to conform to the just war doctrine and disaster struck, the effects would ultimately be extremely damaging. The principles of just war are useful and practical for today's world. However, as globalization increases and continues to focus on the affairs of states, this principle may begin to lose its effectiveness. If states continue to do their best to meet international standards and set a standard for other states, it may be that all states will begin to do so – anything is theoretically possible. Mastery of the just war doctrine has proven beneficial in ensuring the security of states and protecting their sovereignty. Just war theory is currently proving beneficial, although it could become detrimental due to globalization..