Strange as it may seem, there are rules for war. In 1864 in Geneva, Switzerland, a variety of
world leaders, statesmen and diplomats came together in order to devise and document a
plan that would lessen the suffering and atrocities of combat. Commonly known as the
Geneva Convention, the conference was formally titled: "CONVENTION FOR THE
AMELIORATION OF THE CONDITION OF THE WOUNDED IN ARMIES IN THE FIELD."
*See http://www.yale.edu/lawweb/avalon/lawofwar/geneva04.htm for the complete document . The document has since been
ratified, clarified and expanded, most recently in 1949.
The 1949 Geneva Convention (64 articles in length) sought to modernize the document for the rapidly changing world,
particularly in terms of technological advancements. Four years earlier in World War II, the world had seen a global conflict of
astonishing proportions that was not only unimaginably bloody and destructive, but also culminated in history's only use of
atomic weaponry. To this day, the Convention is referenced in wartime. With the supposed recent capture and imprisonment of
U.S. soldiers by the Iraqi army, Defense Minister Sultan Hashim Ahmad stated that the prisoners Iraq now holds would be treated
in accordance with the Geneva Convention. For example, Convention Article 13 includes the requirement that prisoners of war:
 "be humanely treated."
 must not be "subjected to physical mutilation or to medical or scientific experiments of any kind…"
 "at all times be protected against acts of violence or intimidation and against insults and public curiosity."
* See http://www.pbs.org/newshour/extra/features/jan-june03/prisoners_3-23.html
Is there evidence of U.S. violations of Article 13 in the war you have chosen to evaluate? It’s an important question to ask, but it’s
just one example of the kinds of issues related to just war that you will be examining in your CBA.
Whether you choose to do your CBA on the Iraqi War or on WWI, WWII, Korean War, Vietnam War, or Persian Gulf War, you will
need to examine the Laws of War as outlined in the Geneva Convention. More specifically, in the Stanford Encyclopedia of
Philosophy, Professor Brian Orend states that jus ad bellum (just war) sets forth the following six requirements, ALL of which
must be met for a war to be considered just:
1.
2.
3.
4.
5.
6.
Just cause. To be justified in waging war, a nation must do so in the cause of justice. Just cause is first and foremost the
self-defense of a nation that is physically and aggressively attacked by another nation.
Right intention. The nation that wages war must do so for the right motives, that is, only to ensure that the just cause is
attained by war’s end. There can be no ulterior motives, such as racial or ethnic hatred, or provoking war for a land grab.
Proper authority and public declaration. The decision to wage war must be made only by the proper authorities of a
state, following the process set forth by that nation’s laws. The declaration must be made public to its citizens and to the
nation against whom the war is waged. Failing this, the nation lacks the legitimacy to go to war.
Last Resort. A nation may resort to war only if it has exhausted all diplomatic means of resolving the conflict peacefully.
The state must be able to demonstrate that there is no other reasonable or practicable means of righting the wrong,
short of war.
Probability of Success. Because of the harm and destruction engendered by warfare, it should only be initiated if it is
deemed likely to be successful. (Note that while the probability of success is accepted as a precondition by many just
war theorists, it is not included in international law, which seeks to protect the rights of smaller and weaker states.)
Proportionality. Before deciding to wage war, a state must evaluate the universal good that is likely to result and weigh
it against the universal evil (death and destruction) that will be incurred on all sides. In a just war, the benefits of winning
the war (securing the just cause) must outweigh its cost in human life.
If you are researching American involvement in WWII, your research question might be: Does President Roosevelt’s
declaration of war against the Empire of Japan convince you that America’s entry into World War II was justified
according to just war theory? To answer this question you would review the six principles of Just War Theory as
excerpted from Brian Orend’s entry on War in the Stanford Encyclopedia of Philosophy. You would then apply the six
principles to President Roosevelt’s declaration of war. This is just one example of how to tackle your CBA. (The research
question I have provided is an example. Please develop your own research question).
JUST WAR THEORY
Internet Encyclopedia of Philosophy: Just War
Laws of War (entire document)
NOW The Geneva Conventions
Stanford Encyclopedia of Philosophy: War
www.iep.utm.edu/justwar/
avalon.law.yale.edu/subject_menus/lawwar.asp
www.pbs.org/now/politics/geneva.html
plato.stanford.edu/entries/war/
GENERAL WEBSITES
Digital History
Library of Congress
National Archives
PBS
U.S. History
www.digitalhistory.uh.edu/
www.loc.gov/index.html
www.archives.gov/index.html
www.pbs.org
www.ushistory.org/us/index.asp
WORLD WAR I
Yale University database
www.yale.edu/collections_collaborative/WW1/othersites.html
WORLD WAR II
Best of History Websites database
PBS The War
www.besthistorysites.net/index.php/ww2
www.pbs.org/thewar/
VIETNAM WAR
Best of History Websites database
www.besthistorysites.net/index.php/american-history/1900/vietnam
KOREAN WAR
History Channel
Naval History and Heritage
The Korean War: Origins
www.history.com/topics/korean-war
www.history.navy.mil/photos/events/kowar/kowar.htm
www.trumanlibrary.org/whistlestop/study_collections/koreanwar/index.php
THE PERSIAN GULF WAR
History Channel
PBS’s Frontline
www.history.com/topics/persian-gulf-war
www.pbs.org/wgbh/pages/frontline/gulf/
IRAQ WAR
Congressional Research Service: Op. Iraqi Freedom www.fas.org/sgp/crs/natsec/RL34387.pdf
PBS’s Frontline
www.pbs.org/wgbh/pages/frontline/shows/invasion/