The purpose of just war theory, therefore, was not to rationalize violence,
but to limit its scope and methods.
(Richard McBrian)
Introduction
Human history is overwhelmed by a number of wars. Each war has their own reason whether it religious based interest or pure political matter.[1] It was commonly acknowledged that the most of these wars were bloodshed. However, have those wars gone on a just way or not, is the most important question to answer. If the answer is “no” (means at least not all wars are just), we need a theory which will be applicable for every people, every country, and every religion in order to prevent unjust war which still possible to come in the future. The Just War Theory perhaps is the most required solution for this notion.
To understand Just War Theory, I will explore the origin of this theory, the meaning of the just war and how it would be affected, and a brief comparative view with Islamic resources according to this theory.
The origin of Just War Theory
Before talking more about how the Just War Theory has been defined and applied, this paper will overviews historically the origin of Just War Theory. According to Lloyd Steffen, the origin of Just War Theory could be traced back to the Roman era in which Cicero, a Roman patriot, gave a formula of this matter. Cicero stated :
“Although reason is characteristic of men and force of beast, you must resort to force if there is no opportunity to employ reason. Therefore, wars should be undertaken only so that one may live in peace without wrongdoing”[2]
In addition, he derived his idea into two rules; the rule to judge justifiability of war (jus ad bellum) and the rule to judge the morality of certain practice in war (jus in bello). Cicero’s statement can be understood as an early voice which said that the purpose of war must be to wage peace, and that a war could be only done under the right causes.
St. Augustine, well known as an anti-war man, captured and extended Cicero’s idea. He penetrated Ciceronian Just War idea into the moral teaching of Roman Catholic Church. He mainly stated that the public authorities such as church and state, has responsibility to pursue justice. He also mentioned some requirements in using force, they are right authority, just cause, and right intention. Then, the idea of JWT was also strengthen more and more by other peoples like Gratian and Raymond of Pennaforte in twelfth century.
In 13th century, Thomas Aquinas offered idea of self-defense which would be known as “just cause” idea later. After him, the idea of “noncombatant immunity” took place. This idea is developed by Spanish Scholastics Victoria and Suarez, and Protestant Dutch Theologian Hugo Grotius in 16th-17th century. Just War Theory is already playing its significant for today. Both secular and religious authority accepted this idea. Particularly in political feature, this is often used by policy makers, political leaders and military leaders.
Just War Theory has appeared and grown in western culture. It was cultivated by Church for long time. The framework of “Peace of God” and “Truce of God” were also the evident that Church has played a great role on it.[3] It also has given a creedal status from Protestant Reformation.[4] This theory is become broader and more applicable in the effort of wage the peace all over the world
What do we mean by Just War Theory
Just War is the shorthand of justifiable war which plainly means that all practices in the war are definitely virtuous.[5] The intention of Just War itself is to resist injustice, violence and evil. Although some pacifists claimed that war is an expression of evil, Just War still doesn’t refute that war is actually needed in certain situation. What Just War Theory means is how to make limitation or how to build a method which will diminish destructive impact of war or use of force. Obviously, Just War Theory still believes that non-violence is already the best solution. However, the war as a final choice requires to be supervised by moral perspective. That is the reason why the theory comes out.
Just War Theory does not exist to justify war but to frame rational debate on seeking the best way to handle the problem. In order to that, the related information to the problem must be flow honestly. The result of this rational debate is might be the decision to wage war; however, as the rational and responsible choice, this decision must be taken after concerning some criteria.
A contemporary formulation of this theory lists some criteria which were derived from jus ad belum criteria. They were that just war must be permitted by competent and legitimate authority, the cause must be just, has the right purpose, use force only as the last resort, has reasonable hope that war will be success, and must preserve values that otherwise could not be preserved during war.[6] In addition, there are also two criteria which are reflected from jus in bello tradition; noncombatants must be protected and the purpose of use of force is to restoring peace. These criteria restate that Just War Theory is a model of moral thinking that avoids extremes and seeks a middle ground on the basis of moral presumption, and that presumption is by life-affirming.
Just War Theory is neutral theory. It also differ from Holy War because Holy war has a transcendent validation that is known by revelation, gives no right for adversaries, provide no mediation or compromise, and believes that win or lose are less important.[7]
Just War Theory in Islamic Tradition
Although come from the some source, the concept of war in Islam can be understood differently. Militant Moslem believe that war in islam is covered in the concept of Jihad. Jihad as is believed by militant is holy war which permitted to do both offensive and defensive situation. This concept is motivated by Moslem obligation to ‘amar ma’ruf nahiy munkar, “command good and forbid evil.” According to them, the Islamic territory (dar al-islam) has to conquer the territory of infidel (dar al-kufr) to establish the rule of God.[8]
In contrary, there are also some Moslems who believe in more moderate interpretation on war concept in Islam. They prefer claims that war can only be done when Moslem community under repression or when they driven from their house just only because they practice Islamic teaching. Therefore, it is more a self-defense than assaulting other.
There are some criteria of Just War in Islam. War only be permitted when Moslem under tyranny and if they driven from their house (QS: 22:39-40), do not transgress limit during war, combat just only for God not to take revenge, violence must be proportioned, do not harm civilian noncombatant, women, slaves, the environment, the elderly (QS. 2:190). Open the compromise to peaceful solution, war is only the last choice (Q.S: 8:59). Forgive the enemy or oppressor (QS. 2:237)
Conclusion
Just War Theory has appeared and grown in western culture is become the common, rational, and neutral value in every context. Just war theory is not the justification to wage war but the moral perspective that limit the destruction and the effort to restore peace. In Islamic context, Just War Theory is mentioned in many passage of Koran that states clearly that no violence will be permitted except if Moslems are under tyranny.
[1] John H. Yoder, When War Is Unjust: Being Honest in Just-War Thinking (Minneapolis: Augsburg Publishing House, 1984). p. 26
[2] Lloyd Steffen, The Demonic Turn: The Power of Religion to Inspire or Restrain Violence (Cleveland: Pilgrim Press, 2003). p. 235. Llyod took Cicero’s statement that mentioned in his treatise De Officis.
[3] John H. Yoder, p. 24.
[4] John H. Yoder, p. 33
[5] John H. Yoder, p. 30.
[6] Lloyd Steffen, p. 243.
[7] John H. Yoder, p. 28.
[8] Mohammad Iqbal Ahnaf, “Jihad, Just War and Non-Violent Struggle,”http://www.emu.edu /ctp/journal/1/ahnaf.pdf. p. 59