Development of the just war theory
from the ancient to the modern times
The article presents main stages of development of the just war theory from the
ancient times to the modern ones in terms of a right to use force (ius ad bellum). This
analysis is indispensable to answer the question whether opinions of the greatest
lawyers and philosophers of past times justify a return from the distinction on
a bellum legale and a bellum illegale to a bellum iustum and a bellum iniustum.
The problem is increasingly serious because references to justness are nowadays
more and more frequent especially when there is a need to justify armed operations.
Furthermore a general revival of the just war argumentation can be observed
in recent publications which inclines to a deeper meaning, historical refl ection.
The article starts with a few remarks on the Greek attitude towards the war and
a Roman ius fetiale which are usually considered as roots of the just war theory. It
describes also an impact of the Christian thought on perceiving the war with great
emphasis on the achievements of the Middle Ages thinkers. Refl ections on the
modern times start with description of ideas represented by the Spanish lawyers
like Vitoria or Suarez who are often perceived as continuators of mediaeval thinkers.
Then there is a part devoted to representatives of the modern times like Machiavelli,
Bodin or Gentili who redefi ned the just war theory and used it to justify an
unrestricted right to use force by a sovereign. The article presents also a period of
general rejection of the just war theory by lawyers like Zouche, Pufendorf, Rachel,
Textor or Bynkershoek with signifi cant exceptions of Grotius, Wolff or Vattel who is
perceived as the last supporter of the just war theory.
 2-2010 grzebyk.pdf | 660 kB |
