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A Critique of Valls’ Interpretation of Just War Theory

In light of recent events and the current “war on terrorism” it seems critical to move away from political rhetoric and approach the issue with as much reasonable objectivity as possible. The central question that Andrew Valls attempts to answer is weather terrorism can be justified. He argues that it can in some cases when measured against just war theory. Just war theory sets moral limits on the waging of war while justifying its legitimacy. I am in agreement with his conclusion but my defense of his argument relies on acceptance of his definition of terrorism, which seems to me rather broad.

Valls defines terrorism as political violence done to persons or property committed by nonstate actors. It must be politically motivated for any other form of violence is considered crime and subject to domestic laws. He adds violence against property to include attacks that would be considered terrorism even though they do not harm people. An example of this would be the bombing of an abortion clinic. When he limits the violence to nonstate actors, he doesn’t deny the existence of state sponsored terrorism. He states that this type of violence is a matter of domestic justice, and in cases outside its borders, just war theory can

. . .
As an excellent example of terrorists being discriminate, Valls cites the bombing of the marine barracks in Beirut. They would have to be acts that are proportionate and done for a just cause by a group that represents a people, and they must be very precise in their targeting. Valls helps to clarify this issue by using the work of Holmes. He does not prejudge the issue by characterizing terrorism as something intrinsically wrong, which is what Walzer seems to do. However it must be stated that the overwhelming majority of acts committed by nonstate groups fail to meet the stringent requirements of just war theory, especially discrimination. If states are malevolent enough, then in principle, violence cannot be ruled out as a necessary means of ending injustice. The guerillas in Cambodia may meet all the requirements of just war theory just as the Vietcong arguably did when fighting the French colonialists and later the U. This requires that those waging war distinguish between legitimate and illegitimate targets.

I would argue that Valls’ definition is too broad with respect to his contention that it is nonessential to include fear or intimidation as a deliberate strategy of terrorism. One can think of combatants being more or less discriminate in their targeting. The morality of the principle of double effect comes into question, and rightly so if we use just war theory as a standard. The Kurds of Southern Turkey and Northern Iraq are a good modern example of a people fighting two extremely repressive regimes.

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