The document discusses the justness of the war on terror based on Just War Theory. It provides an overview of Just War Theory principles such as just ad bellum (right to go to war) and just in bello (right conduct within war). It then examines various US-led wars and operations following 9/11, such as the war in Afghanistan and Iraq, and analyzes them in relation to Just War criteria. Key impacts discussed include human rights violations, effects on globalization, and implications for citizens in free vs. terrorist-designated nations.

1. JUSTNESS OF WAR ON
TERROR
Presented by Steffi Michelle Wanniang
I.D NO: 596(Business Law)

2. JUST WAR THEORY
Terrorism itself is old practice. War on terror is a new type of war that
challenges the very nature of conflict especially the “Just War Theory”.
 The concepts and principles of Just Wars have been developed over
the cause of human history with roots as ancient civilization such as
the Greeks and even the Sumerians.
 Just War Theory (Just Bellum Iustium) is a doctrine of military ethics
of Roman Philosophical and Catholic origin studied by moral
theologians, ethicists and international policy markets which holds
that a violent conflict ought to meet philosophical, religious or political
criteria.
 This theory deals with the justification of how and why was war fought
and it begins with Augustine of Hippo and Thomas Aquinas.
 Just War Theory offers a series of principles that aim to retain a
plausible moral framework for war.

3. Criteria of Just War Theory
Just War Theory has two sets of criteria,
I. The first established just ad Bellum (the right
to go to war) and
II. The second establishing just in Bello (right
conduct within war).

4. Just ad Bellum (The right to go to war)
 The reason to go to war needs to be just and therefore cannot be
solely for recapturing things taken or punishing people who
have done wrong to innocent life.
 There may be rights and wrongs on all sides of a conflict but to
overcome the presumption against the use of force, the injustice
suffered by one party must significantly out weight that suffer
by the other.
 Force may be uses only in a truly just cause and solely for that
purpose, maintaining material gains economics is not.
 Aims may not be used in a futile cause or in case where
disproportionate measures are required to achieve success.
 Force may be used only after all peaceful and viable alternatives
have been seriously tired and exhausted and not making any
meaningful concessions then only it should be used as last
resort.

5. Just in Bello (right conduct within war)
 The acts of war should be directed towards enemy combatants and not
towards non-combatants caught in circumstances they did not create:-The
prohibited acts include bombing civilian residential acts that include no
military targets and committing acts of terrorism or reprisal against civilians.
 Proportionality: The proportionality of the use of force in a war. The degree of
allowable force used in the war must be measured against the force required
to correct the just cause and limited by just intension (see just ad Bellum).
 Discrimination: The combatants discriminate between combatants and non
combatants. Innocent, non-military people should never be made for attacks.
 Responsibility: A country is not responsible for unexpected side effects of its
military actuary as long as the following three conditions are met:
The action must carry the intention to produce good consequences.
The bad effects were not intended.
The good of the war must out weight the damage done by it.

6. Principles of Just War
 A just war can only be waged as a last resort. All non violent options must be
exhausted before the use of force can be justified.
 A just war can only be fought to redressed a wrong suffered – for example –
self defense against an armed attack is always considered to be just caused
and it should be with right intentions: the only permissible objective of a just
war is to redressed the injury.
 A war can only be just if it is fought with a reasonable chance of success –
deaths and injury incurred in a hopeless cause are not morally justifiable.
 The ultimate goal of a just war is to re-establish peace.
 The violence used in the war must be proportional to the injury suffered.
States are prohibited from using force not necessary to attain the limited
objective of addressing the injury suffered.
 Civilians are never permissible targets of war and every effort must be taken
to avoid killing civilians.
(The deaths of civilians are justified only if they are unavoidable victims of a
deliberate attack or a military target).

7. What is a war on terror?
 The war on terror also known as the Global War on
Terrorism (GWOT is a term commonly applied to and
international military campaign which is started as a
result of the 9/11/2001 Terrorist attacks on the US)
 The phrase war on terror was first used by US president
George W Bush on 20th Sept 2001.
 The Bush administration and the western media have
since used the term to allege a global military targeting
organizations designated as terrorist and regimes
accused of supporting them.
 The conflict has also been referred to by names such as
World War III, the long War, The Global war of terror,
The war against Al-Qaeda.

8. When did it all started? Events of Sept
11-2001
 2 planes crash into the world Trade Centre twin
Towers.
 Plane crashes into the Pentagon.
 Plane headed to Capital Hill –Congress-brave
American Citizens tried to fight the terrorist on
board; plane crashes in Somerset country in
Shanksville PA
 Nearly 3,000 lives were lost.
 Al-Qaeda members hijacked the planes –leader
Osama Bin Laden claimed responsible for the
attacks in 2004.

9. Consequences of 9/11 in US
 Bush Speech stated we are at war and either you are with us or against
us.
 US Secretary of Defense Donald Rumsfeld wrote “This will be a war
like none other nation has faced”.
 Sept 11, 2001 will be remembered forever not only by the Americans
but by the whole world.
 There are US military forces moving in and out of the Middle East on a
constant basis.
 The United States has 10 years brought Iraq into the state of
democracy and moved a large majority of the country and into
Afghanistan.
 There is more security at airports, more racial profiling and more fear
of another terrorist attack.
 The War or Terror has transformed many Americans citizen into
victims.

10. Can counter terror War be just? War
in Afghanistan 2001 (Present)
 War in Afghanistan 2001 (present) refers to the intervention by NATO and
allied forces in the Afghan political struggle, falling the terrorist attacks on Sept
11, 2001 to dismantle the Al-Qaeda terrorist organization and to remove power
of the Taliban government which at the time controlled 90% of Afghanistan and
hosted Al-Qaeda leadership.
 The US and allies drove the Taliban from power and gradually built new
military bases near major cities across the country. The State Department in a
memo dated 14th Sept demanded that the Taliban surrendered all known Al-
Qaeda associates and expel all terrorist from Afghanistan.
 On 20th Sept, President Bush, in an address to congress, demanded the Taliban
deliver Osama bin Laden and destroy bases of Al-Qaeda.
 On 21th Sept/ Taliban representatives in Pakistan reacted to the US response
with defiance. He said that the Taliban were ready if necessary for war with the
United States.
 On 5th October Taliban offered to try Bin Laden in an afghan court so long as
the US proved what is called ‘solid evidence of quilt’.
 In 2007 Bin Laden indicated that the Taliban had no knowledge of his plans for
the 9/11 attacks.

11. 2001: Overthrow of the Taliban:
History and the conflict
 On 7th October 2001 US govt. launched military operators in
Afghanistan and air strikes were reported in Kabul, at the
airport at Kandahar and in the city of Jalahalad.
 On the ground teams from the CIA’s Special Actuaries Division
(SAD) were the first US forces to enter Afghanistan and begin
combat operations soon joined by the US Army Special Forces.
 Bush stated that the Taliban military sites and terrorist training
grounds would be targeted.
 The US forces and the Northern Alliance also began to diverge in
their objectives while the US was continuing the search for
Osama bin Laden, the Northern Alliance was pressuring for
more support in their efforts to finish off the Taliban and control
the country.

12. Impact of the war in Afghan Societies
 According to a report by the UN in June 2001 states that 2,777
civilians, were known to have been killed in 2010, with insurgents
being responsible for 75% of the civilian casualties. In July 2011, 1,462
non-combatants died. In 2011 a record of 3,021 civilians were killed in
the ongoing insurgency. In total 96% has been affected in some way,
either personally or due to the wider consequences of armed conflict.
 Around 2.2milion Afghan remain refugees in 2013 and UN estimated
that there are 5,47,500 internally displaces persons within
Afghanistan a 25% increase over Jan 2012 a figure reflected by
Amnesty International when it reported that hundreds of Afghans
were forced to flee their homes everyday during 2012.
 Throughout the war in Afghanistan war crimes have been committed
by both sides in the conflict. Includes crimes like massacre of civilians
bombings of civilian targets, terrorism, use of torture and the murder
of prisoners of war.

13. Obama announces Troops
Drawdown
 President Obama outlines a plan to withdraw thirty-
three thousand (33,000) troops by the summer of
2012 – the surge troops sent in Dec 2009 –
including ten thousand (10,000) by the end of 2011.
 Many Americans do not support the war.
 Obama faces pressure From lawmakers. After the
surge troops leave on estimated to thousand US
troops are scheduled to stay through at least 2014.
 US is holding preliminary peace talks with the
Taliban leadership.

14. Ten years of War
 President Barrack Obama plans to withdraw all
combat troops by 2014, but serious doubts remain
about the Afghan government’s capacity to secure
the country.
 A decade in the war’s tools include 1,800 US Troops
casualties and billion and trillions in spending.
 The cost have eroded US public support
with a global economic downtown a 9.1%
unemployment and 1.3 trillion annual
budget deficit.

15. War in Iraq: 2003 Beginnings of
Insurgency
 The first was invasion of Iraq starting on 20th March 2003 by an
invasion force led by the united states.
 The Government of US and UK claimed that Iraq’s alleged possession
of Weapons of Mass Destruction (WMD) pose a treat to their security
and that of their coalition / regional allies.
 US official accused Iraq President Saddam Hussein of harboring and
supporting Al-Qaeda.
 Iraq’s financial support for the families of Palestine suicide bombers
and an effort to spread democracy in the country.
 For president George W. Bush consistently referred to the Iraq War as
“the central front in the war on terror” and argued that if US pulled out
of Iraq terrorists will follow us here.
 Conflict has dragged on, members of US Congress, the US public and
even US troops have questioned the connection between Iraq and the
fight against anti US terrorism.

16. Human rights violation and War on
Terror
 Repressive laws have been passed like the setting up of military
commissions with the purpose to detain and try foreigners,
suspect of terrorist acts abroad, on the base at Guantanamo
(Cuba) is not only in violation of the US constitution, but
constitutes a serious breach of the Third Genera Convention of
1949.
 Citizens risk a wide range of social sanctions such as the loss of
job, opportunities, damage to their professional carrier etc if
they raise their voice against those abuses.
 The war on terror has raised many serious issues relating to
human rights like killing of innocent persons in drone attack in
Afghanistan and Pakistan, illegal detention and torture.
 The detainees of War on terror were labelled as enemy
combatants and were denied due process of law, tortured
and tried in military tribunals.

17. GUANTANAMO BAY”GITMO”(IN
CUBA)
 The facilities was established in 2002 by the
bush administration to hold detainees from the
war in Afghanistan and later in Iraq.
 Controversial- UN and other global groups
protested the legal status and the physical
conditions of prisoners at Guantanamo.
 Obama wanted to close Guantanamo because
the controversial human rights and possible
torture occurring there to prisoners that may
not even be terrorists- Wants to have the
prisoners a fair trial.

18. Effects on the idea of Global Village
 Terrorist has led to the stagnant of globalization and it creates
tensions among countries and a gap from being co-ordinary as
one.
 The war polarized regimes and Islamist opposition not only in
Saudi Arabia but also in Algeria, Egypt and Tunisia countries
where freedoms score diminished in the past couple of years.
 There has been impact on the globalization of security.
 After the American attack states has encourage to police their
borders far more cautiously with a myriad of security checks
needed in travelling between nations and for stricker
regulations on who is allowed to travel.
 The war on terror has sparked numerous policies to be
undertaken and legislations enforced which would have
preciously been even considered due to the threat they pose to
human rights.

19. The impact of the war on terror of the status
of citizens free world vs. terrorism
 Iraq or other Muslim nations, citizens have often become
victims of an indiscriminate use of force and there is collateral
damage. The citizens of those countries are hostages in US War
against the government of their own country.
 The US war on terror may further aggravate internal tensions,
ethnic rivalries, existing social problems etc in certain allied
countries.
 The war on terror in regard to allied countries may further
complicate their relations with neighboring countries forcing
upon an agenda that may not always compatible with regional
peace and stability.
 In US and its allied countries in Europe the war on terror has a
negative impact on civil liberties such as freedom of expression,
freedom of information , protection of the private sphere, etc.

20. Political and Social Implications of an
Alternatives to the Global War on Terror
 The erosion of civil liberties on the national level
corresponds to the marginalization of
undermining of national security in the relations
between states.
 Future is much more uncertain in regards to the
sovereign states and entire regions.
 The war on terror must not only respect the
sovereignty of states and the basic rights of
citizens everywhere it must complemented by a
war on justice.

21. US policies and objectives declaring
War on Terror
 USA Patriot Act enacted in Oct 2001 which gave
law enforcement increased authority to investigate
suspected terrorists, including enhanced
surveillance procedures.
 Defeat the existence of terrorists.
 Identify, locate and demolish terrorists along with
their organizations.
 Deny sponsorship, support and sanctuary to
terrorists.
 Abolish terrorist sanctuaries and havens.

22. War on Terror : Justice or Revenge?
 The 9/11 attacks killed more than 3,000 people from 60
different countries. Amnesty international condemned this
act and joined condolences to the victims.
 On 7th Oct the USA in collaboration with its campaign in
Afghanistan as part of President Bush’s declared war on
terrorism.
 There has also been wave of racist attack directed by
people of their appearance in North America, Europe and
elsewhere Muslims, Arabs and Sikhs were shot, stabbed
and beaten.

23.  After terrorist attack there is torture and detention of people in
Guantanamo prison and other places as well as imprisonment of
well over 100,000 people without trail.
 In UK also such legislation giving security forces much greater
power to detain and interrogate terrorism suspects.
 To this end they have locked up more than a thousand men of
Middle Eastern, Pakistani and Afghani origins have increased
their harassment of those who speak out against the so-called
war on terror.
 This harassment includes the general isolation of all political
prisoners in US prisons, greater police violence in supposed
searchers for terrorist materials.
 The end result is very complicated as to what these are trying to
seek justice or is it to take revenge for the killed.

24. GLOBAL TERRORISM
DEATHS
 And then there’s also the Global Terrorism Index established by the
Institute for Economics and Peace (IEP). Of the 158 countries covered
by the index, only 31 have had no attacks in the ten years to 2011.
 However, the majority of attacks are concentrated in just a handful of
countries. Iraq ranks first based on a five-year weighted average of the
number of incidents, deaths, injuries and estimated property damage. It
has suffered from the most attacks, including 11 of the world’s worst
20.
 Indeed, Iraqis comprised one third of deaths from terrorism between
2002 and 2011. But while the number of incidents there have climbed
since 2007, deaths have actually declined.
 Other terrorist hotspots include Pakistan, Afghanistan and India. The
worst attack over the period was in Nepal, where 518 people died and
216 were injured. If there is any small cause for comfort, it is that
terrorist incidents have plateaued since their peak in 2008.

25. Rawls Principles of The Law of
Peoples
 Parties Have the right to self defense but no
right to War.
 Peoples are to observe a duty of non-
intervention.
 Peoples are to observe treaties and
undertakings.
 Peoples are to observe certain specified
restrictions on the conduct of war.
 Peoples are to honor human rights.

26. CONCLUSION
 War should be a last resort but in certain circumstances it
becomes necessary if all non-violent means are exhausted.
 The war on terror was started with the aim to end the
terrorism but the tools used to achieve it can be subject of
wide criticism while fighting the war the US and its allies have
been guilty of violating human rights and killing of innocents
civilians which should have been avoided.
 The war on terror has created an international atmosphere
against the terrorism and the need of the hour is to ensure
that international cooperation is achieved in fight against
terrorism.
 There is a need to ensure better protection of human rights
and to safeguard the interest of the innocent civilians so as to
ensure their justice globally.
 Declaring the war on terror can only be just only for
preventive from the threat of security and not attacking for
any other economic gain.