A Just War Response to the 11 September 2001 Terrorist Attack

Total Page:16

File Type:pdf, Size:1020Kb

A Just War Response to the 11 September 2001 Terrorist Attack REFORMED THEOLOGICAL SEMINARY A JUST WAR RESPONSE TO THE 11 SEPTEMBER 2001 TERRORIST ATTACK AN INTEGRATIVE THESIS SUBMITTED TO DR. HAROLD O.J. BROWN IN CANDIDACY FOR THE DEGREE OF MASTER OF ARTS BY DALE M. COURTNEY MOSCOW, IDAHO NOVEMBER, 2002 Copyright © 2002 by Dale Courtney All rights reserved iii There is no avoiding war; it can only be postponed to the advantage of others. Niccolo Machiavelli v Contents Acknowledgments............................................................................................................. 11 Chapter 1: Introduction..................................................................................................... 13 Background................................................................................................................... 13 Motivation..................................................................................................................... 14 Research Questions....................................................................................................... 15 Methodology................................................................................................................. 15 Chapter 2: Chronology of Events ..................................................................................... 17 Historical Chain of Events............................................................................................ 17 Factual Background .................................................................................................. 17 Signs.......................................................................................................................... 18 Extrapolating the Historical Events .............................................................................. 20 Background............................................................................................................... 20 Borders and Ports...................................................................................................... 23 Conclusion .................................................................................................................... 24 Chapter 3: Systematic Theology—Anthropology ............................................................ 25 Introduction................................................................................................................... 25 The Source of War........................................................................................................ 27 Biblical Response to War.............................................................................................. 30 Categorical Pacifism ................................................................................................. 30 Conclusion .................................................................................................................... 35 Chapter 4: Biblical Studies ............................................................................................... 37 Introduction................................................................................................................... 37 Just War ........................................................................................................................ 37 jus ad bellum (The Right to go to War) .................................................................... 37 jus in bello (Justice in War) ...................................................................................... 40 Constituting the Militia............................................................................................. 41 Fighting The War...................................................................................................... 46 Holy War............................................................................................................... 47 Cities Not Under the Ban...................................................................................... 48 Siege Warfare.................................................................................................... 49 Subterfuge, Deceit, and Stratagems.................................................................. 49 Defensive Warfare ........................................................................................................ 50 Biblical Jurisdictions................................................................................................. 51 Conclusion .................................................................................................................... 52 Chapter 5: Church History................................................................................................ 53 Background................................................................................................................... 53 Cicero (Marcus Tullius) (106-43 BC)........................................................................... 55 Augustine of Hippo (356-430)...................................................................................... 56 Introduction to Augustine’s Thought........................................................................ 56 Just Cause.................................................................................................................. 59 Right Intention .......................................................................................................... 60 Legitimate Authority................................................................................................. 62 Formal Declaration ................................................................................................... 63 Miscellaneous ........................................................................................................... 63 Conclusions about Augustine ................................................................................... 63 vii Gratian (fl. 1140-ca. 1170)............................................................................................ 64 Rufinus the Canonist (ca. 1150-1191) .......................................................................... 65 Thomas Aquinas (1225-1274) ...................................................................................... 65 Whether Fighting In War Is Always a Sin................................................................ 66 Whether Any War Is Lawful..................................................................................... 67 The Authority to Wage War ..................................................................................... 68 When a Just Cause Is Required................................................................................. 70 The Right Intention of Those Fighting ..................................................................... 70 The Right Means....................................................................................................... 72 Laying Ambush......................................................................................................... 73 Conclusions about Aquinas....................................................................................... 74 John Wyclif (ca. 1330-1384) ........................................................................................ 75 Desiderius Erasmus (1466-1536).................................................................................. 76 Martin Luther (1483-1546)........................................................................................... 78 Francisco de Vitoria (ca 1483-1546) ............................................................................ 79 John Calvin (1509-1564) .............................................................................................. 81 Right Intention .......................................................................................................... 81 Just Cause.................................................................................................................. 82 jus in bello................................................................................................................. 85 Conclusions about Calvin ......................................................................................... 86 Francisco Suárez (1548-1617) ...................................................................................... 86 Categorical Passivism ............................................................................................... 87 Offensive War........................................................................................................... 87 Just War Conditions.................................................................................................. 88 Just Cause.............................................................................................................. 88 Legitimate Authority............................................................................................. 89 Confidence of success....................................................................................... 90 Conducting war properly and fairly...................................................................... 91 Damages for Restitution and Punishment......................................................... 92 Noncombatant Immunity .................................................................................. 92 Hugo Grotius (1583-1646)............................................................................................ 93 Categorical
Recommended publications
  • Colonization of the «Indies». the Origin of International Law?
    LA IDEA DE AMERICA 25/10/10 12:15 Página 43 COLONIZATION OF THE «INDIES» THE ORIGIN OF INTERNATIONAL LAW? MARTTI KOSKENNIEMI It is widely agreed that international law has its origins in the writings of the Spanish theologians of the 16th century, especially the so-called «School of Sala- manca», who were reacting to the news of Columbus having found not only a new continent but a new population, living in conditions unknown to Europeans and having never heard the gospel. The name of Francisco de Vitoria (c. 1492- 1546) the Dominican scholar who taught as Prima Professor with the theology fa- culty at the University of Salamanca from 1526 to 1546, is well-known to interna- tional law historians. This was not always the case. For a long time, international lawyers used to draw their pedigree from the Dutch Protestant Hugo de Groot (or Grotius) (1583-1645) who wrote as advocate of the Dutch East-India company in favour of opening the seas to Dutch commerce against the Spanish-Portuguese monopoly. Still in the 18th and 19th centuries, the law of nations —ius gentium— was seen as a predominantly Protestant discipline that drew its inspiration from the natural law taught by such followers of Grotius as the Saxon Samuel Pufen- dorf (1632-1694) and the Swiss Huguenot Emer de Vattel (1714-1767), followed by a series of professors at 18th century German universities1. It was only towards the late-19th century when the Belgian legal historian Er- nest Nys pointed to the Catholic renewal of natural law during the Spanish siglo de oro that attention was directed to Vitoria and some of his successors, especially the Jesuit Francisco Suárez, (1548-1617), who had indeed developed a universally applicable legal vocabulary —something that late— 19th century jurists, including Nys himself, were trying to achieve2.
    [Show full text]
  • Francisco De Vitoria on the Ius Gentium and the American Indios
    Copright © 2012 Ave Maria Law Review FRANCISCO DE VITORIA ON THE IUS GENTIUM AND THE AMERICAN INDIOS Victor M. Salas, Jr., Ph.D. g INTRODUCTION In reading through the relections1 of Francisco de Vitoria (c. 1483– 1546), one easily conjures up the image of an author who is quintessentially Scholastic—an even-tempered and dispassionate intellectual who treats all questions with equanimity and is swayed only by the exigencies of reason itself.2 Yet, in a letter sent to his religious superior that addresses the Spanish confiscation of Peruvian property, a clearly disgusted and horrified Vitoria reacts passionately against the Spaniards’ actions and urges his superior, Miguel de Arcos, O.P., to have nothing to do with the matter. The calm and serene mood characteristic of Vitoria’s relections is replaced with fury and outrage. “I must tell you, after a lifetime of studies and long experience,” the Dominican writes, “that no business shocks me or embarrasses me more than the corrupt profits and affairs of the Indies. Their very mention freezes the blood in my veins.”3 Registering his contempt of the situation in the New World, Vitoria came to the defense of the American Indians in the only way he could, as a g Victor Salas received a Ph.D. in philosophy from Saint Louis University. He has special research interests in medieval and renaissance philosophy. Thanks are due to Robert Fastiggi for his kind invitation to present this Article at the “The Foundation of Human Rights: Catholic Contributions Conference” held at Ave Maria University, March 3–4, 2011.
    [Show full text]
  • Legal Imagination in Vitoria : the Power of Ideas
    Legal Imagination in Vitoria. The Power of Ideas Pablo Zapatero* Professor of Public International Law, Carlos III University, Madrid, Spain 1. A Man’s Ideas Legal progress is often propelled by concepts first envisioned in academia. In this light, the present article explores the ideas of a fascinating intellectual figure: Francisco de Vitoria (1483-1546),1 a man broadly recognized as one of the “founding fathers” of international law. The writings and lectures of this 16th century Dominican friar formulated innovative legal doctrines in an age of uncertainty and profound social change; an age that gave birth to the modern States that, with their centralized power, signalled the demise of medieval pluralism, the dismemberment of Christendom, and the erosion of imperial and papal aspirations to universal power. Medieval Europe, before then, had defined itself as a cultural, political and religious unity: the Res Publica Christiana. The first half of the 16th century witnessed the final breakdown of that order, the emergence of the modern sovereign state and the subsequent development of the European state system. It was also in this age that a singular event transformed con- ventional conceptions of the world and consolidated anthropocentrism: the discovery of America.2 A ‘stellar moment’ of literature, political and legal * For correspondence use [email protected]. Unless otherwise indicated, translations in this paper are by the author. 1) See Getino, L.G. El Maestro Fr. Francisco de Vitoria: Su vida, su doctrina e influencia, Imprenta Católica, 1930 and de Heredia, Beltrán. Francisco de Vitoria, Editorial Labor, 1939. 2) Pérez Luño, A.
    [Show full text]
  • FRANCISCO DE VITORIA, De Indis (1532) 15. Sixth Proposition
    FRANCISCO DE VITORIA, De Indis (1532) 15. Sixth proposition: Although the Christian faith may have been announced to the Indians with adequate demonstration and they have refused to receive it, yet this is not a reason which justifies making war on them and depriving them of their property. This conclusion is definitely stated by St. Thomas (Secunda Secundae, qu. 10, art. 8), where he says that unbelievers who have never received the faith, like Gentiles and Jews, are in no wise to be compelled to do so. This is the received conclusion of the doctors alike in the canon law and the civil law. The proof lies in the fact that belief is an operation of the will. Now, fear detracts greatly from the voluntary (Ethics, bk. 3), and it is a sacrilege to approach under the influence of servile fear as far as the mysteries and sacraments of Christ. Our proposition receives further proof from the use and custom of the Church. For never have Christian Emperors, who had as advisors the most holy and wise Pontiffs, made war on unbelievers for their refusal to accept the Christian religion. Further, war is no argument for the truth of the Christian faith. Therefore the Indians cannot be induced by war to believe, but rather to feign belief and reception of the Christian faith, which is monstrous and a sacrilege. And although Scotus (Bk. 4, dist. 4, last qu.) calls it a religious act for princes to compel unbelievers by threats and fears to receive the faith, yet he seems to mean this to apply only to unbelievers who in other respects are subjects of Christian princes (with whom we will deal later on).
    [Show full text]
  • The Eastern Mission of the Pontifical Commission for Russia, Origins to 1933
    University of Wisconsin Milwaukee UWM Digital Commons Theses and Dissertations August 2017 Lux Occidentale: The aE stern Mission of the Pontifical Commission for Russia, Origins to 1933 Michael Anthony Guzik University of Wisconsin-Milwaukee Follow this and additional works at: https://dc.uwm.edu/etd Part of the European History Commons, History of Religion Commons, and the Other History Commons Recommended Citation Guzik, Michael Anthony, "Lux Occidentale: The Eastern Mission of the Pontifical ommiC ssion for Russia, Origins to 1933" (2017). Theses and Dissertations. 1632. https://dc.uwm.edu/etd/1632 This Dissertation is brought to you for free and open access by UWM Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of UWM Digital Commons. For more information, please contact [email protected]. LUX OCCIDENTALE: THE EASTERN MISSION OF THE PONTIFICAL COMMISSION FOR RUSSIA, ORIGINS TO 1933 by Michael A. Guzik A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in History at The University of Wisconsin-Milwaukee August 2017 ABSTRACT LUX OCCIDENTALE: THE EASTERN MISSION OF THE PONTIFICAL COMMISSION FOR RUSSIA, ORIGINS TO 1933 by Michael A. Guzik The University of Wisconsin-Milwaukee, 2017 Under the Supervision of Professor Neal Pease Although it was first a sub-commission within the Congregation for the Eastern Churches (CEO), the Pontifical Commission for Russia (PCpR) emerged as an independent commission under the presidency of the noted Vatican Russian expert, Michel d’Herbigny, S.J. in 1925, and remained so until 1933 when it was re-integrated into CEO.
    [Show full text]
  • INDIVIDUAL and NATIONAL RESPONSIBILITY to PROTECT Dr
    INDIVIDUAL AND NATIONAL RESPONSIBILITY TO PROTECT Dr. Jack D. Kem “It is absolutely the responsibility of every U.S. service member, if they see inhumane treatment being conducted, to intervene to stop it.” GEN Peter Pace, 29 November 20051 ABSTRACT The "Responsibility to Protect," or R2P, as defined by the international community, is a sovereign obligation that relates directly to States to protect their citizens from genocide and mass atrocities. In the past decade, this "Responsibility to Protect" has extended to the international community when States fail to fulfill their obligation. R2P, therefore, is considered only at the "nation-state" level. This paper addresses how the concepts in R2P should also be considered as an individual obligation to intervene when instances of genocide or mass atrocities occur. The paper also compares and contrasts R2P with Just War Theory parallel concepts of Jus ad Bellum (as a nation-state concern) and Jus in Bello (as an individual concern). BACKGROUND On November 29, 2005, Secretary of Defense Donald Rumsfeld and the Chairman of the Joint Chiefs of Staff General Peter Pace conducted a press conference at the Pentagon. One of the key issues addressed at the press conference was the “growing reports of uniformed death squads” allegedly conducting assassinations and torture. These reports were dismissed as “hypothetical” by Secretary Rumsfeld. One reporter then asked a question “about excesses of the Interior Ministry, the Ministry of Defense, and that is in dealing with prisoners or in arresting people and how they're treated after they're arrested.” Acknowledging Iraq as sovereign country, he asked “…what is the U.S.
    [Show full text]
  • Just War Or Not: a Reassessment of the Korean War
    International Journal of Social Science and Humanity, Vol. 4, No. 3, May 2014 Just War or Not: A Reassessment of the Korean War Hoeun Choi Abstract—The Korean War holds a significant place in the II. THE KOREAN WAR history of modern Korea. However, because it was a highly The Korean War is generally regarded in the West as a just political and ideological conflict, it has been difficult to assess its true nature in a more-balanced, less-biased manner; both North war [1]. War was clearly declared by a sovereign authority, and South Korea have argued for each side regarding the and it was also an act against aggression from the communist justness of the war. By reassessing the historical question of regime in North Korea. No other intentions seemed to exist “Was the Korean War a just war?” this paper attempts to behind the goal of protecting democracy from communism. redefine the just-or-not question, since such a narrow viewpoint Questioning this justification for the war is an unofficial does not allow the forgotten parts of the Korean War to be taboo in contemporary South Korea [2]. The question of revealed. By applying the just war theory and reassessing historical facts from a more historical perspective, this paper whether the Korean War was just or not has received shows how unjust elements existed in both Koreas during the relatively less attention than some of the other wars the Korean War. Following demonstrations, this paper further United States had fought, such as the Vietnam War. suggests that it is more important and even necessary to Moreover, the Korean War was the first war in which various consider wider perspectives and more historical factors in order nations fought under the flag of the United Nations, which to assess this major historical event from a more balanced took legitimate steps to fight against communist forces.
    [Show full text]
  • Perceptions of the Influence of Francisco De Vitoria on the Development of International Law in 21St Century Discourse
    Perceptions of the Influence of Francisco de Vitoria on the Development of International Law in 21st Century discourse Gerrit Altena U1274635 October 2020 Tilburg Law School Supervisor: Dr. Inge van Hulle Contents: Chapter 1: Introduction…………………………………………………………………………………………………………2 Chapter 2: Francisco de Vitoria and the Development of Humanitarian Intervention……………9 Chapter 3: Francisco de Vitoria and the Secularization of International Law…………….………...21 Chapter 4: Francisco de Vitoria as the Founder of International Law……………………………….....27 Chapter 5: Conclusion………………………………………………………………………………………………………….37 Bibliography…………………………………………………………………………………………................................43 1 Chapter 1: Introduction The work of Francisco de Vitoria has always evoked conversation. Pufendorf and Kant could not agree on whether the work of the 16th Century Spanish clergyman and lecturer represented a defence or an attack on the native population of the Americas. Their disagreement has carried forth until this day.1 The conversation received renewed attention at the turn of the 20th Century, when American jurist James Brown Scott proclaimed Vitoria to be the founder of international law, as opposed to Hugo Grotius.2 Who was Francisco de Vitoria? Not much is known with certainty about the early life of Francisco de Vitoria. There is even disagreement over both Vitoria’s birthplace and the year of his birth. The former is said to be either Vitoria, the modern-day capital of Basque country, or Burgos.3 With regards to the year of his birth, there used to be a consensus on 1492. Vitoria, however, became a deacon in 1507, which would mean he would be 15 years old at that time. According to Hernández, it was impossible at the time to be a deacon at that age.
    [Show full text]
  • Jus Ad Bellum and Jus in Bello in the Lebanese War Enzo Cannizzaro* Enzo Cannizzaro Is Professor of International Law at the University of Macerata
    Volume 88 Number 864 December 2006 Contextualizing proportionality: jus ad bellum and jus in bello in the Lebanese war Enzo Cannizzaro* Enzo Cannizzaro is Professor of international law at the University of Macerata. Abstract This article analyses the role and content of proportionality under contemporary international law governing the use of force, with a view to clarifying the legal framework governing the conduct of the parties to an armed conflict. In the system of jus ad bellum, protection is primarily granted to the interest of the attacked state in repelling the attack; the other competing interests are considered only to curtail the choice of the means to be employed in order to achieve that aim. Conversely, in the system of jus in bello there is by definition no prevailing interest, but instead a variety of interests and values which are entitled to equal protection of the law and must be balanced against each other. The existence of two distinct normative systems, with distinct standards of legality applicable to the same conduct, does not as a rule give rise to major problems. The legality of recourse to force is measured against the proportionality of self-defence, whereas individual actions would have to conform to the requirement of proportionality in jus in bello. However, beyond the large area in which these two standards overlap, there might be situations in which the strict application of the jus ad bellum standard makes it impossible to achieve the aims of jus in bello. In these cases, the proportionality test under jus in bello must be regarded as part of the proportionality test under jus ad bellum.
    [Show full text]
  • Jus Ad Bellum and International Terrorism
    Color profile: Disabled Composite Default screen III Jus ad Bellum and International Terrorism Rein Müllerson1 Legal Regulation of the Use of Force: The Failure of Normative Positivism he central tenet in international law is the legal regulation of the use of force. The nature, content and effectiveness of this area of interna- tional law mirrors, much more clearly than any other branch, the very charac- ter of international law. In order to grasp the essence of the current debate in this area of international law it is helpful to have a brief review of the evolution of the proscription on the use of force. Thucydides’ History of the Peloponnesian War demonstrates a complete ab- sence of any legal (or even legal-moral-religious) restriction on the recourse to war. As Thucydides writes, “the Athenians and the Peloponnesians began the war after the thirty-year truce” since “Sparta was forced into it because of her apprehensions over the growing power of Athens.”2 This sounds somewhat fa- miliar and contemporary as there was a violation of the balance of power that caused Sparta to ally with smaller Greek city-states—forming the Peloponnesian League to counter militarily the Delian League headed by 1. Professor of International Law, King’s College, London; Institut de droit International, Membre. 2. THUCYDIDES,THE PELOPONNESIAN WAR 11–12 (W. W. Norton & Company, 1998). E:\BLUE BOOK\VOL 79 TERROR\VENTURA FILES\VOL 79 BB TERROR 11_18_03.VP Thursday, April 28, 2005 8:21:17 AM Color profile: Disabled Composite Default screen Jus ad Bellum and International Terrorism Athens.
    [Show full text]
  • Jus Ad Bellum’, ‘Jus in Bello’
    The European Journal of International Law Vol. 17 no.5 © EJIL 2007; all rights reserved ........................................................................................... ‘Jus ad bellum’, ‘jus in bello’ . ‘jus post bellum’? – Rethinking the Conception of the Law of Armed Force Carsten Stahn* Abstract The law of armed force is traditionally conceptualized in the categories of jus ad bellum and jus in bello. This dualist conception of armed force has its origin in the legal tradition of the inter-war period. This essay revisits this approach. It argues that the increasing interweaving of the concepts of intervention, armed conflict and peace-making in contemporary practice make it necessary to complement the classical rules of jus ad bellum and in jus in bello with a third branch of the law, namely rules and principles governing peace-making after conflict. The idea of a tripartite conception of armed force, including the concept of justice after war (‘jus post bellum’) has a long-established tradition in moral philosophy and legal theory. This article argues that this historical concept deserves fresh attention from a legal perspective at a time when the contemporary rules of jus ad bellum and jus in bello are increasingly shaped by a normative conception of law and justice and a broadening notion of human security. Moreover, it identifies some of the legal rules and principles underlying a modern conception of ‘just post bellum’. 1 Introduction Since Grotius’ De Jure Belli ac Pacis, the architecture of the international legal sys- tem has been founded upon a distinction between the states of war and peace. At the beginning of the 20th century, it was taken for granted that ‘the law recog- nizes a state of peace and a state of war, but that it knows nothing of an intermediate * Dr.jur., LL.M.
    [Show full text]
  • Classical Studies (CLAS) 1
    Classical Studies (CLAS) 1 CLAS 321 - The Classical Tradition (4 Credit Hours) CLASSICAL STUDIES (CLAS) This course focuses on the canon of ancient classical literature, both Greek and Roman, examining the tradition and reception of literary genres CLAS 101 - Classical Culture (4 Credit Hours) within classical antiquity, and considering what influences classical This is an introductory course in the history and culture of ancient Greece literature may have had on the development of later western thought and and Rome, focusing on particular topics relating to classical culture, and literature. emphasizing the analysis of textual and material evidence. CLAS 322 - Classical Drama (4 Credit Hours) CLAS 201 - Ancient Greece (4 Credit Hours) This course focuses on the dramatic arts as practiced in Ancient Greece An overview of Ancient Greek civilization from the Bronze Age to the and Rome. Students will read selected plays, tragic or comic, by the major period following the death of Alexander the Great. Greek culture was a playwrights of classical antiquity, giving attention to dramaturgy, societal Mediterranean phenomenon that spread in antiquity from the Aegean contexts, and influences on the development of western theater. through Egypt and central Asia to India and became the core of education CLAS 331 - Alexander the Great (4 Credit Hours) for European and American students during the 18th and 19th centuries. This course focuses on the study of the historical record of the life The course focuses on the major social and political institutions (such as and times of Alexander the Great, examining primary and secondary the creation of the first democracy) as well as the intellectual and artistic sources, and placing the career and accomplishments of Alexander in achievements of the Greeks.
    [Show full text]