Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wp2c8 Total loading time: 0 Render date: 2024-08-19T01:39:59.311Z Has data issue: false hasContentIssue false

9 - Farewell to war?

Published online by Cambridge University Press:  30 July 2009

Stephen C. Neff
Affiliation:
University of Edinburgh
Get access

Summary

War in the legal sense has been in large measure ‘outlawed’; that is, … international law … no longer recognizes that large-scale hostilities may constitute a ‘state of war’ in which the belligerents are legally equal.

Quincy Wright

Banished as a legal institution, war now remains an event calling for legal regulation for the sake of humanity and the dignity of man.

Hersch Lauterpacht

Never was there a more moralistic conflict than the Second World War. As a contest between Good and Evil, it was seen to be at the furthest possible remove from the positivist conception of war of the nineteenth century, with its amoral focus on clashes between parochial state interests. In 1939–45, humankind itself was the cause. With the spirit of righteousness as heavy in the air as the stench of corpses, it was hardly surprising that just-war ideals should strongly pervade the immediate post-war era. And this time, the task would be far more thoroughly done than in the interwar period. The drafters of the United Nations Charter sought to go beyond the League Covenant and the Pact of Paris, by banning all resorts to armed force and thereby effacing the legal distinction between war and measures short of war. The result was the establishment of a thoroughgoing general norm of pacifism in international relations, directly reminiscent of the pacifistic vision of the early Christian era which had lain at the heart of medieval just-war doctrine.

Type
Chapter
Information
War and the Law of Nations
A General History
, pp. 314 - 356
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Farewell to war?
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.015
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Farewell to war?
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Farewell to war?
  • Stephen C. Neff, University of Edinburgh
  • Book: War and the Law of Nations
  • Online publication: 30 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494253.015
Available formats
×