The scholastic theory of just war and its relevance nowadays

Abstract

On the other hand, the representatives of the Second Scholasticism had to recognize that the norms of international law were not always and everywhere observed and followed. The rights of nations and states are by no means the exception to the rule. They are also violated from time to time by various states, nations or even individuals. According to the authors of modern scholasticism, this type of violation should be regarded as extremely serious international crimes. They undermine international peace and security, and cause great harm to nations and states. This harm involves the seizure or looting of territories, loss of political independence, etc. In such a situation, two essential measures can be taken to restore the status quo and compensate for the damage caused. Namely, negotiations should be attempted first. And if and only if all means of peaceful persuasion fail, just war (bellum justum) is permitted against a nation or state that has violated international law. This principle entirely corresponds to the so called rule of the last resort included in the contemporary international law.