Is War Just and Legal? An Ethical Review of the ‘Just War’ Theory

Authors

  • Ravichandran Moorthy Research Centre for History, Politics and International Affairs, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia
  • Lakshmy Naidu Research Centre for History, Politics and International Affairs, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia

Abstract

The history of mankind is beleaguered with periodic wars between nations and groups that resulted in massive devastation of human lives, property, environment and civilizations. The Second World War, for one, is the most destructive war ever recorded. In its aftermath, many scholarly thinkers and leaders began intense debate on the ‘legal and moral’ justifications of war, its prevention and the promotion of the just-war theory as an important norm that regulate conflicts between modern states, and other international actors. The theory is based on the spirit of righteousness of conduct, responsibility, proportionality of actions and the active promotions of peacemaking among groups in conflict. The main argument of this paper is whether the concept of 'just war' is feasible to provide an ethical and legal framework to understand the relationships between humans, groups and states in managing conflicts. To discuss the main argument, the article is divided into three sections. The first section delves into the ethical and legal debate over what constitutes a just-war, especially drawing from duty-based and utilitarianism perspectives. The second part examines the interactions between humans (as subjects) and states (as authority), particularly concerning the perceived centrality of the state. The third part examines how the just-war theory is adapted and manifested in the globalized and interdependent world.

Author Biographies

Ravichandran Moorthy, Research Centre for History, Politics and International Affairs, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia

RAVICHANDRAN MOORTHY, Ph.D. is an associate professor in the Research Centre for History, Politics, and International Affairs, Faculty of Social Sciences and Humanities, University Kebangsaan Malaysia. He received his doctorate from the University of Malaya in 2006, in the field of sociolinguistics and ethnography. He teaches and researches issues of ethnicity, international politics, and bioethics. Prior to his university position, he was a senior officer in the Malaysian Administrative and Diplomatic Service (PTD). He has delivered numerous keynotes, endowments, and invitational lectures throughout the Asia Pacific. He currently heads several funded research projects on conflict resolution and regional integration. He is the current President of the Asian Bioethics Association (2018-2021) and the immediate Past-Vice President (Southeast Asia) of the same association. He is also currently an adjunct professor with the American University of Sovereign Nations, and Professor of Honour at the Zhejiang Normal University, China.

Lakshmy Naidu, Research Centre for History, Politics and International Affairs, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia

LAKSHMY NAIDU is a Ph.D candidate at the Research Centre for History, Politics, and International Affairs, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia (UKM). She graduated with a master degree in the field of international relations, majoring in East Asian Studies from UKM in 2017. She was awarded the Deans List for two semesters as a recognition for outstanding academic performance. Her areas of interest and expertise are in the field of non-traditional security, foreign and defence policy, sustainable development studies and ASEAN. She is a senior officer in the Malaysian Administrative and Diplomatic Service (PTD). Prior to post-graduate studies, she served at the National Institute of Public Administration (INTAN), Malaysia where she taught topics on international relations and security for newly appointed PTD officers. Her working experience in various governmental agencies and extensive exposure in diverse fields are pivotal in her journey as a researcher.

Published

2022-04-12

Issue

Vol. 16 No. 1 (2022): Spring

Section

Articles

License

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