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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 24, 20242024-05-24T16:39:07+05:30 2024-05-24T16:39:07+05:30In: INTERNATIONAL HUMANITARIAN LAW

Discuss the “Just War Doctrine’ as limit to the means and method of Warfare and protection of environment under the traditional Asian humanitarian Law.

Talk about the “Just War Doctrine” as a check on the tools and techniques of warfare and environmental preservation within conventional Asian humanitarian law.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-24T16:40:24+05:30Added an answer on May 24, 2024 at 4:40 pm

      The "Just War Doctrine" is a set of principles that outlines the ethical considerations and limitations on the use of force in armed conflict. Originating in Western thought, it has parallels in traditional Asian humanitarian law, which also emphasizes the importance of ethical conduct in warfare. In both frameworks, there is a recognition that war should only be waged as a last resort and must adhere to certain moral principles.

      Under the "Just War Doctrine," there are two main aspects: jus ad bellum (justice of war) and jus in bello (justice in war). Jus ad bellum dictates that war must have a just cause, be declared by a legitimate authority, have a reasonable chance of success, and be pursued with the right intention. Similarly, in traditional Asian humanitarian law, there's an emphasis on the legitimacy of the cause and the authority declaring war, often grounded in concepts of righteousness and moral duty.

      Jus in bello concerns the ethical conduct of war itself, emphasizing principles such as proportionality (ensuring the means used are not excessive compared to the ends sought) and discrimination (distinguishing between combatants and non-combatants). These principles align with traditional Asian values that prioritize harmony, compassion, and respect for life.

      Protection of the environment is increasingly recognized as a critical aspect of warfare ethics. Both the "Just War Doctrine" and traditional Asian humanitarian law acknowledge the importance of minimizing harm to the environment during conflict. This includes avoiding unnecessary destruction of natural resources, preventing pollution, and preserving ecosystems that sustain civilian populations.

      In traditional Asian cultures, there's often a deep reverence for nature, viewing it as interconnected with human life and deserving of protection. This perspective intersects with the ethical considerations of warfare, leading to an understanding that environmental damage is not only harmful to the present generation but also to future generations.

      Therefore, within the traditional Asian humanitarian law framework, the "Just War Doctrine" serves as a guide for limiting the means and methods of warfare to ensure that conflicts are conducted with justice, compassion, and respect for both human life and the environment. By adhering to these principles, nations can mitigate the destructive consequences of war and uphold their moral obligations to both present and future generations.

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