ASK A QUESTION

RECENT RESPONSES

CONCEPT CLOUD






  • Panelist Login

A friend of mine claims that the Iraq war was not 'illegal' as there are (and were) no laws in place that could allow it to be defined as such. Regardless of whether or not this is the case, is there an agreed set of philosophical principles that allow for war to be defined as 'legal/illegal' (and not just moral/immoral)? How might we go about discussing the legalities of war on an international scale?

Alastair

January 19, 2006

Response from Peter S. Fosl on January 20, 2006
One of the criteria philosophers generally agree upon for just war is "legitimate authority"--that is, a just war must be authorized in legitimate (usually meaning lawful) ways. The United Nations charter and the U.S. Constitution, for example, set out procedures for properly authorizing war, as will the legal codes of most nations. To evaluate the legality of this war, one must extablish whether those procedures were followed in proper ways. In particular, here you should look at whether the U.S. Congress authorized the war and whether the U.N. Security Council authorized the war. (See Articles 39, 42, 51 of the UN Charter; also see Security Council Resolution 1441; see the U.S. Congress's Joint resolution on the war of October 2002.) Another issue to consider is whether or not, even if authorization was given, the authorization was rendered illegitimate or void since it was predicated on deceitful claims about the nature of the threat posed by Iraq. You may also consider whether any "customs," "norms," or "informal conventions" of international relations legitimate the war.


Print PRINT Send2friends E-MAIL
E-MAIL THIS ENTRY

Recipient's e-address: required
(separate multiple e-addresses with commas)
Your name: required
Your e-address: required

Track TRACK

TRACK THIS ENTRY

If you provide your e-mail address, you will be automatically notified whenever this question receives a response. Your e-mail address will not be used for any other purpose, and it will not be given or sold to anyone.

E-mail:

SHARE
SHARE THIS ENTRY

del.icio.us
Digg! Digg
Facebook
Twitter
reddit
StumbleUpon