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Just War ReconsideredStrategy, Ethics, and Theory$
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James M. Dubik

Print publication date: 2016

Print ISBN-13: 9780813168296

Published to Kentucky Scholarship Online: January 2017

DOI: 10.5810/kentucky/9780813168296.001.0001

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Describing Jus in Bello’s War-Waging Dimension

Describing Jus in Bello’s War-Waging Dimension

(p.27) 2 Describing Jus in Bello’s War-Waging Dimension
Just War Reconsidered

James M. Dubik

University Press of Kentucky

The American Civil War and the post-9/11 wars in Afghanistan and Iraq serve as good examples spotlighting the gap in the traditional just war theory account of jus in bello. Thus, they are clear windows through which we can see and understand strategic, war-waging responsibilities, responsibilities that are essential to conducting war but that lie far beyond fighting and “right conduct in the midst of battle.” They are also useful in clarifying the central tension inherent in the strategic, war-waging dimension of war’s conduct as tripartite: (1) achieving coherence by setting war aims and making strategy, policy, and campaign decisions that increase the probability of achieving those war aims, (2) generating organizational capacity by translating those aims and decisions into action to achieve war aims at the least cost, in lives and resources, and the least risk to the innocent and to one’s political community, then adapting decisions and actions as the vagaries of war unfold, and (3) maintaining legitimacy by doing all the foregoing while observing the war convention, sustaining public support of the war effort, and ensuring proper subordination of the military to civilian leadership.

Keywords:   American Civil War, post-9/11 wars, jus in bello, war waging, war aims

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