The Illegality and Injustices of the Wars in Afghanistan and Iraq

William Sherman, a general in the American Civil war, said that, "War is Hell!" It will be shown, however, that war, whether fought within or without the strict guidelines laid down for it, is always worse than hell. There are two distinct aspects of a just war and both must be adhered to in order for a war to be called just. These are jus ad bellum and jus in bello or justice for war and justice in war. Using current wars as case studies I hope to demonstrate that, even with increased freedom of press and information, the worlds super powers are still managing to conduct unjust wars and get away with it.

Jus ad bellum is a Latin word literally meaning Justice of War. The concept of jus ad bellum is used to determine whether there was just cause in going to war. In the preface to the fourth edition of his book, Just and Unjust Wars, Michael Walzer explains that the allied attack by Poland, France and Britain on Germany in 1939 was a paradigmatic, or perfect example of, a just cause for war. Germany was guilty of aggression against, not only their own people but across international borders. There have been various international laws and agreements passed attempting to ensure that all wars declared have just cause. One of the most significant of these was the United Nations Charter, originally signed by fifty nations, including all five of the original Security Council, in 1945 ensuring the perpetuation of international peace and security. It is interesting to note that in any given year since the signing of that charter at least one of the Security Council countries has been involved in an international conflict.