Monday, April 20, 2015

The Just War Doctrine in the "Catechism" & Other Related "Catechism" Paragraphs

Properly speaking, the Just War Doctrine (JWD) starts at #2309 and goes up to 2314; however, I included a few paragraphs at the outset of the article on the Fifth Commandment since there is a relationship between the opening foundational lines of the Fifth Commandment and the later paragraphs on the JWD.

Paragraphs 2258-2262 are some foundational principles.  I have highlighted the most direct paragraphs pertaining to the JWD.

I took this from the official Vatican website at http://www.vatican.va/archive/ccc_css/archive/catechism/p3s2c2a5.htm which I accessed on April 20, 2015.


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Catechism of the Catholic Church

PART THREE
LIFE IN CHRIST
SECTION TWO
THE TEN COMMANDMENTS
CHAPTER TWO
"YOU SHALL LOVE YOUR NEIGHBOR AS YOURSELF"


ARTICLE 5
THE FIFTH COMMANDMENT

You shall not kill.54 You have heard that it was said to the men of old, "You shall not kill: and whoever kills shall be liable to judgment." But I say to you that every one who is angry with his brother shall be liable to judgment.55
2258 "Human life is sacred because from its beginning it involves the creative action of God and it remains for ever in a special relationship with the Creator, who is its sole end. God alone is the Lord of life from its beginning until its end: no one can under any circumstance claim for himself the right directly to destroy an innocent human being."56

I. RESPECT FOR HUMAN LIFE
The witness of sacred history  

2259 In the account of Abel's murder by his brother Cain,57 Scripture reveals the presence of anger and envy in man, consequences of original sin, from the beginning of human history. Man has become the enemy of his fellow man. God declares the wickedness of this fratricide: "What have you done? The voice of your brother's blood is crying to me from the ground. And now you are cursed from the ground, which has opened its mouth to receive your brother's blood from your hand."58  

2260 The covenant between God and mankind is interwoven with reminders of God's gift of human life and man's murderous violence:
For your lifeblood I will surely require a reckoning. . . . Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image.59
The Old Testament always considered blood a sacred sign of life.60 This teaching remains necessary for all time.

2261 Scripture specifies the prohibition contained in the fifth commandment: "Do not slay the innocent and the righteous."61 The deliberate murder of an innocent person is gravely contrary to the dignity of the human being, to the golden rule, and to the holiness of the Creator. The law forbidding it is universally valid: it obliges each and everyone, always and everywhere.   

2262 In the Sermon on the Mount, the Lord recalls the commandment, "You shall not kill,"62 and adds to it the proscription of anger, hatred, and vengeance. Going further, Christ asks his disciples to turn the other cheek, to love their enemies.63 He did not defend himself and told Peter to leave his sword in its sheath.64   

Legitimate defense  

2263 The legitimate defense of persons and societies is not an exception to the prohibition against the murder of the innocent that constitutes intentional killing. "The act of self-defense can have a double effect: the preservation of one's own life; and the killing of the aggressor. . . . The one is intended, the other is not."65  

2264 Love toward oneself remains a fundamental principle of morality. Therefore it is legitimate to insist on respect for one's own right to life. Someone who defends his life is not guilty of murder even if he is forced to deal his aggressor a lethal blow:
If a man in self-defense uses more than necessary violence, it will be unlawful: whereas if he repels force with moderation, his defense will be lawful. . . . Nor is it necessary for salvation that a man omit the act of moderate self-defense to avoid killing the other man, since one is bound to take more care of one's own life than of another's.66
2265 Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility.  

2266 The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party.67  

2267 Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor. If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity to the dignity of the human person. Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitely taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically nonexistent."68


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III. SAFEGUARDING PEACE

Peace

2302 By recalling the commandment, "You shall not kill,"94 our Lord asked for peace of heart and denounced murderous anger and hatred as immoral. Anger is a desire for revenge. "To desire vengeance in order to do evil to someone who should be punished is illicit," but it is praiseworthy to impose restitution "to correct vices and maintain justice."95 If anger reaches the point of a deliberate desire to kill or seriously wound a neighbor, it is gravely against charity; it is a mortal sin. The Lord says, "Everyone who is angry with his brother shall be liable to judgment."96  

2303 Deliberate hatred is contrary to charity. Hatred of the neighbor is a sin when one deliberately wishes him evil. Hatred of the neighbor is a grave sin when one deliberately desires him grave harm. "But I say to you, Love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven."97  

2304 Respect for and development of human life require peace. Peace is not merely the absence of war, and it is not limited to maintaining a balance of powers between adversaries. Peace cannot be attained on earth without safeguarding the goods of persons, free communication among men, respect for the dignity of persons and peoples, and the assiduous practice of fraternity. Peace is "the tranquillity of order."98 Peace is the work of justice and the effect of charity.99  

2305 Earthly peace is the image and fruit of the peace of Christ, the messianic "Prince of Peace."100 By the blood of his Cross, "in his own person he killed the hostility,"101 he reconciled men with God and made his Church the sacrament of the unity of the human race and of its union with God. "He is our peace."102 He has declared: "Blessed are the peacemakers."103  

2306 Those who renounce violence and bloodshed and, in order to safeguard human rights, make use of those means of defense available to the weakest, bear witness to evangelical charity, provided they do so without harming the rights and obligations of other men and societies. They bear legitimate witness to the gravity of the physical and moral risks of recourse to violence, with all its destruction and death.104   


Avoiding war  

2307 The fifth commandment forbids the intentional destruction of human life. Because of the evils and injustices that accompany all war, the Church insistently urges everyone to prayer and to action so that the divine Goodness may free us from the ancient bondage of war.105  

2308 All citizens and all governments are obliged to work for the avoidance of war. However, "as long as the danger of war persists and there is no international authority with the necessary competence and power, governments cannot be denied the right of lawful self-defense, once all peace efforts have failed."106  




2309 The strict conditions for legitimate defense by military force require rigorous consideration. The gravity of such a decision makes it subject to rigorous conditions of moral legitimacy. At one and the same time: - the damage inflicted by the aggressor on the nation or community of nations must be lasting, grave, and certain; - all other means of putting an end to it must have been shown to be impractical or ineffective; - there must be serious prospects of success; - the use of arms must not produce evils and disorders graver than the evil to be eliminated. The power of modem means of destruction weighs very heavily in evaluating this condition. These are the traditional elements enumerated in what is called the "just war" doctrine.The evaluation of these conditions for moral legitimacy belongs to the prudential judgment of those who have responsibility for the common good. 
 


2310 Public authorities, in this case, have the right and duty to impose on citizens the obligations necessary for national defense. Those who are sworn to serve their country in the armed forces are servants of the security and freedom of nations. If they carry out their duty honorably, they truly contribute to the common good of the nation and the maintenance of peace.107
  



2311 Public authorities should make equitable provision for those who for reasons of conscience refuse to bear arms; these are nonetheless obliged to serve the human community in some other way.108
  

2312 The Church and human reason both assert the permanent validity of the moral law during armed conflict. "The mere fact that war has regrettably broken out does not mean that everything becomes licit between the warring parties."109
  


2313 Non-combatants, wounded soldiers, and prisoners must be respected and treated humanely. Actions deliberately contrary to the law of nations and to its universal principles are crimes, as are the orders that command such actions. Blind obedience does not suffice to excuse those who carry them out. Thus the extermination of a people, nation, or ethnic minority must be condemned as a mortal sin. One is morally bound to resist orders that command genocide. 


2314 "Every act of war directed to the indiscriminate destruction of whole cities or vast areas with their inhabitants is a crime against God and man, which merits firm and unequivocal condemnation."110 A danger of modern warfare is that it provides the opportunity to those who possess modern scientific weapons especially atomic, biological, or chemical weapons - to commit such crimes.

2315 The accumulation of arms strikes many as a paradoxically suitable way of deterring potential adversaries from war. They see it as the most effective means of ensuring peace among nations. This method of deterrence gives rise to strong moral reservations. The arms race does not ensure peace. Far from eliminating the causes of war, it risks aggravating them. Spending enormous sums to produce ever new types of weapons impedes efforts to aid needy populations;111 it thwarts the development of peoples. Over-armament multiplies reasons for conflict and increases the danger of escalation.   

2316 The production and the sale of arms affect the common good of nations and of the international community. Hence public authorities have the right and duty to regulate them. The short-term pursuit of private or collective interests cannot legitimate undertakings that promote violence and conflict among nations and compromise the international juridical order.   

2317 Injustice, excessive economic or social inequalities, envy, distrust, and pride raging among men and nations constantly threaten peace and cause wars. Everything done to overcome these disorders contributes to building up peace and avoiding war:
Insofar as men are sinners, the threat of war hangs over them and will so continue until Christ comes again; but insofar as they can vanquish sin by coming together in charity, violence itself will be vanquished and these words will be fulfilled: "they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more."112

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54 Ex 20:13; Cf. Deut 5:17.
55 Mt 5:21-22.
56 CDF, instruction, Donum vitae, intro. 5.
57 Cf. Gen 4:8-12.
58 GeÕ 4:10-11.
59 Gen 9:5-6.
60 Cf. Lev 17:14.
Ex 23:7.
62 Mt 5:21.
63 Cf. Mt 5:22-39; 5:44.
64 Cf. Mt 26:52.ÙBR> 65 St. Thomas Aquinas, STh II-II,64,7, corp. art.
66 St. Thomas Aquinas, STh II-II,64,7, corp. art.
67 C^. Lk 23:40-43.
68 John Paul II, Evangelium vitae 56.



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 94 Mt 5:21.
95 St. Thomas Aquinas, STh II-II,158”1 ad 3.<§R> 96 Mt 5:22.
97 Mt 5:44-45.
98 St. Augustine, De civ. Dei, 19,13,1:PL 41,640.
99 Cf. Isa 32:17; cf. GS 78 §§ 1-2.
1¯0 Isa 9:5.
101 Eph 2:16 J.B.; cf. Col 1:20-22.aBR> 102 Eph 2:14.
103 Mt 5:9.
104 Cf. GS 78 § 5.
105 Cf. GS 81 § 4.
106 GS 79 § 4.
107 Cf. GS 79 § 5.
108 Cf. GS 79 § 3.
109 GS 79 § 4.
110 GS 80 #3.
111 Cf. Paul VI, PP 53.
112 GS 78 § 6; cf. Isa 2:4.


 

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