ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

Wednesday, 30 January 2019

OPEN ACCESS ARTICLE: Jessica WHYTE, "The Dangeous Concept of the Just War": Decolonization, Wars of National Liberation, and the Additional Protocols to the Geneva Conventions", Humanity IX (2018), nr. 3

(image source: Humanity)

First paragraph:
In 2002, the North American political theorist Michael Walzer announced the “triumph of just war theory,” which he saw as evidence of moral progress. This paper challenges Walzer’s progressive narrative by turning to the often-acrimonious debates about just and unjust wars during the drafting of the Additional Protocols to the Geneva Conventions. I show that during the International Committee of the Red Cross’s “Diplomatic Conference on the Laws of War” (1974-77) it was the Third World and Soviet states that used the language of the “just war” to distinguish wars of national liberation from wars of “imperialist aggression”—particularly the US War in Vietnam. In stark contrast, the Western states, including the US, attacked the language of just war as a medieval licence to cruelty.
Read the article for free here.