Dalla guerra giusta alla guerra legale?

Résumé 0

Human nature is linked to the artifice, which for man is nature, as the platonic myth of Epimetheus and Prometheus already shows. And war gives great proof of the natural human abilities concerning artifice: wars are won more by artifice than by courage. War is therefore first and foremost a technical affair, but it has always been the subject of study also in an ethical perspective. The doctrine of just war assumes precisely this perspective and, starting from the implicit premise of the inevitability of war, preaches its limitation. The discussion about just war has led Western thought from a first long phase, focused on the question of ius ad bellum, to a more recent and a brief one, focused on ius in bello and ius post bellum, to arrive to a last one in which, for objective reasons, neither the first nor the second question makes really sense anymore. This is, in particular, the current phase in which the risk of a nuclear war is always existing and in the presence of which the formula of the «just war» no longer has any meaning. Rather than looking for the just war, one should, if anything, think about the characteristics of a «lawful» war, that is, of a war respectful of the international norms and of the constitutional burdens of each country.