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NCJ Number: 63633 Find in a Library
Title: INTERNAITONAL TERRORISM AND THE JUST WAR
Journal: STANFORD JOURNAL OF INTERNATIONAL STUDIES  Volume:12,  Dated:(SPRING 1977)  Pages:21-37
Author(s): J DUGARD
Corporate Author: Stanford University
United States of America
Date Published: 1977
Page Count: 17
Sponsoring Agency: Stanford University
Stanford, CA 94305
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: THE NOTION OF THE JUST WAR IS EXAMINED IN ITS HISTORICAL AND MODERN SETTING TO DEMONSTRATE ITS INFLUENCE UPON POLITICOLEGAL THOUGHT IN THE THIRD WORLD AND ITS CONTRIBUTION TO NATIONAL LIBERATION AND ACTS OF TERROR.
Abstract: HISTORICALLY, THE CONCEPT OF THE JUST WAR WAS A CREATURE OF CHRISTIAN PHILOSOPHY WHICH REASONED THAT RESORT TO WAR WAS JUSTIFIED IF IT ADVANCED GOOD OR AVOIDED EVIL. THE EMPHASIS SHIFTED AFTER THE PEACE OF WESTPHALIA IN 1648 FROM THE JUSTIFICATION OF WAR TO THE MEANS OF ITS REGULATION. THE 20TH CENTURY SAW THE REVIVAL OF THE JUST WAR IN THE CHARTER OF THE UNITED NATIONS, (UN) WHEREIN NATIONS CAN USE FORCE IN SELF-DEFENSE AND UNDER THE AUTHORITY OF THE SECURITY COUNCIL. HOWEVER, THE MAJOR ROLE OF THE EXPANSION OF IDEOLOGY RENDERS THE CHARTER UNACCEPTABLE TO SOME COUNTRIES AND PERSONS. IDEOLOGICAL CLAIMS ARE MADE, ESPECIALLY BY THIRD WORLD COUNTRIES, THAT GROUPS MAY FIGHT AGAINST COLONIAL OR RACIST REGIMES; THIS STRUGGLE THEN MAY BE EXTENDED TO INCLUDE UNCONVENTIONAL ACTS OF VIOLENCE OR TERRORISM. THE TREND IN FAVOR OF THE LEGITIMIZATION OF VIOLENCE USED IN PURSUANCE OF A JUST WAR IS DANGEROUS IN THAT THE JUST WAR, OR THE WAR OF NATIONAL LIBERATION, IS INCAPABLE OF PRECISE DEFINITION. PRESENTLY, A CAUSE APPEARS TO BE 'JUST' ONLY IF IT ENJOYS SUPPORT OF TWO-THIRDS OF THE UN. THE REVIVAL OF THIS JUST WAR CONCEPT POSES A THREAT TO THE CHARTER'S PROHIBITION ON THE USE OF FORCE IN INTERNATIONAL RELATIONS, AND PRESENTS SERIOUS IMPLICATIONS FOR THE PROTECTION OF HUMAN RIGHTS. THE PROPOSAL THAT CERTAIN FORMS OF VIOLENCE SHOULD BE PROHIBITED, EVEN WHEN USED IN A WAR OF NATIONAL LIBERATION, IS IN FULL ACCORD WITH THE MODERN APPROACH OF INTERNATIONAL LAW. ALTHOUGH THIRD WORLD COUNTRIES HAVE A NUMBER OF LEGITIMATE GRIEVANCES WHICH MUST BE HEEDED, THE DICTATES OF HUMANITY REQUIRE THAT ALL FORMS OF TERRORISM BE SUBJECTED TO INTERNATIONAL LEGAL REGULATION, IRRESPECTIVE OF WHETHER THE TERROR EMANATES FROM A COUNTRY OR FROM A LIBERATION MOVEMENT. ACTORS ENGAGED IN A WAR OF NATIONAL LIBERATION MUST NOT BE GRANTED IMMUNITY FROM THE NORMAL RESTRAINTS OF HUMANITARIAN LAW. EXTENSIVE NOTES ARE PROVIDED. (MHP)
Index Term(s): International law; Politically motivated violent crimes; Terrorism causes; Theory; United Nations (UN)
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63633

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