2010Journal of Military EthicsRequires access

From Aggression to Just Occupation? The Temporal Application ofJus Ad BellumPrinciples and the Case of Iraq

Jordy Rocheleau

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Abstract

This paper considers whether an act of aggression can subsequently become a justified occupation. I use John Lango's theory of the temporalization of just war principles to argue that the jus ad bellum criteria should be reapplied over time, such that they can be newly met over the course of an intervention. Discussing each traditional principle of jus ad bellum, I outline inherent challenges in remaking an unjust war as a valid humanitarian intervention. In particular, I argue that right authority is a complex and difficult hurdle for a former aggressor's occupation. The US occupation of Iraq is used as an example of an intervention that initially violated most or all just war principles but came to satisfy them during later phases of the occupation. This paper contributes not only to the question of how to apply just war principles over time but also to the underdeveloped ethics of occupation and jus post bellum.

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What this paper is about

This paper considers whether an act of aggression can subsequently become a justified occupation. I use John Lango's theory of the temporalization of just war principles to argue that the jus ad bellum criteria should be reapplied over time, such that they can be newly met over the course of an intervention. Discussing each traditional principle of jus ad bellum, I outline inherent challenges in remaking an unjust war as a valid humanitarian intervention. In particular, I argue that right authority is a complex and difficult hurdle for a former aggressor's occupation. The US occupation of Iraq is used as an example of an intervention that initially violated most or all just war principles but came to satisfy them during later phases of the occupation. This paper contributes not only to the question of how to apply just war principles over time but also to the underdeveloped ethics of occupation and jus post bellum.

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Available abstract

This paper considers whether an act of aggression can subsequently become a justified occupation. I use John Lango's theory of the temporalization of just war principles to argue that the jus ad bellum criteria should be reapplied over time, such that they can be newly met over the course of an intervention. Discussing each traditional principle of jus ad bellum, I outline inherent challenges in remaking an unjust war as a valid humanitarian intervention. In particular, I argue that right authority is a complex and difficult hurdle for a former aggressor's occupation. The US occupation of Iraq is used as an example of an intervention that initially violated most or all just war principles but came to satisfy them during later phases of the occupation. This paper contributes not only to the question of how to apply just war principles over time but also to the underdeveloped ethics of occupation and jus post bellum.

Key concepts: Jus ad bellum, Humanitarian intervention, Just war theory, Intervention (counseling), Aggression, Law, Use of force, Political science

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From Aggression to Just Occupation? The Temporal Application ofJus Ad BellumPrinciples and the Case of Iraq — Research Paper | ScholarLens