Following are excerpts from an Emerging Issues
Analysis co-authored with Jonathan Burns and available from LexisNexis:
1.
Overview
Since ancient times,
world cultures have explored the political, philosophical and religious grounds
of just war and the legality of the use of force. The Indian epic Mahabhrata,
which some scholars date as early as the ninth century BC, explores just war doctrine.
Cicero discussed just war theory in his essay De Officiis (“On Duties”)
in the first century BC. On the basis of Romans 13, St. Augustine in the fifth
century argued that Christians should not be ashamed of the use of force to maintain
or reestablish justice
. St. Thomas
Aquinas, who, building on the foundation laid down by Augustine, set forth the
conditions of just war.
The
seventeenth-century Dutch philosopher and theologian Hugo Grotius discussed the
philosophy of war at length in his treatise De jure belli ac pacis (“On
the Law of War and Peace”). Grotius has been credited as having laid down the
foundations for international law, which in the following centuries would
become customary international law and codified treaties governing the conduct
of States in armed conflict.
Within a separate
religious, philosophical and geographical context, Islamic law developed to
recognize its own principles governing the use of force. As will be discussed
in this essay, the Islamic law of war includes some of the principles common to
contemporary international humanitarian law, such as prohibitions on targeting
civilian women and children in armed conflict.
Contemporary
international law draws a distinction between jus ad bellum, laws
that regulate recourse to the use of armed force, and jus in bello, the rules governing
the conduct of war once armed hostilities have commenced. For the purpose of
this essay, the first category of laws will be examined in light of Christian
just war theory, Islamic just war theory and modern international law.
2.
Christian Just War Theory
a) The First Three Centuries
Christian involvement
within the affairs of the State was limited during the first centuries of the
Church. There were some Christians in civil service (consider the Christians
within “Caesar's household” referenced by St. Paul (Php 4:22)) and in military
service (both John the Baptist and Jesus ministered to soldiers (Luke 3:14; Mat
8:5-8) and the centurion Cornelius was used to bring the Gospel to the Gentiles
(Acts 10:35-48)). However, Christians, like other minorities in the early Roman
Empire, faced persecution by the Roman government. The extent to which
Christians were involved with civil government was generally limited to praying
for the emperor (1Tim 2:1-2). A Christian’s association with the military and
support of the Empire’s oppression of other Christians would have been
incongruous.
The first centuries
of Christianity were thus marked by pacifism with respect to military service
and the use of violence. Origen (c. 184 – 253) said that Christians “do not go
forth as soldiers.” Tertullian (c. 160 – c. 225) wrote that only “without
the sword can the Christian wage war: for the Lord has abolished the sword”
(see Mat 26:52). Clement of Alexandria (c. 150 – c. 215) wrote that “he who
holds the sword must cast it away” and “if one of the faithful becomes a
soldier he must be rejected by the Church, for he has scorned God.”
b) Constantine’s Conversion
(312)
Much of this changed
with Constantine’s conversion to Christianity in 312 AD. After Constantine’s
conversion, Christianity became the official religion of the Roman Empire. Military
service was no longer associated with the brutal oppression and killing of
Christians on behalf of a pagan Empire. Defending the Empire from northern
invasions took on new meaning and was not deemed to be inconsistent with the
Gospel of peace, particularly when war was being waged in order to maintain
peace or reestablish justice.
This shift in
position is reflected in the writings of early Church fathers and councils. The
Council of Arles (314) stated that to forbid the State “the right to go to war
was to condemn it to extinction.” St. Athanasius of Alexandria (293-373) wrote:
Although one is not
supposed to kill, the killing of the enemy in time of war is both a lawful and
praiseworthy thing. This is why we consider individuals who have distinguished
themselves in war as being worthy of great honors and indeed public monuments
are set up to celebrate their achievements. It is evident, therefore, that at
one particular time and under one set of circumstances, an act is not
permissible, but when time and circumstances are right, it is both allowed and
condoned (The Letter of St. Athanasius to Amun).
Shortly thereafter,
Christian theologians, starting with St. Augustine, began formulating a Christian
just war theory.
Access the full article at LexisNexis.com.
Emotions on Syria are running high with the revelation
that chemical weapons were used in Ghouta, eastern Damascus, on 21 August,
causing between 300 to 1,000 victims. France has indicated that it is ready to
punish those responsible and the US has prepared its military for an imminent
strike. Turkey, Qatar and Saudi Arabia have pledged to support military action
against Assad. Pressure from the media has been mounting as President Obama’s
critics hold him to his “red line” with respect to the employment of chemical
weapons in Syria. Yet before America heads into another war, the
position of international law and a clarification of key facts is called for. 
