Right of Conquest versus Just War Doctrine
Right of Conquest versus Just War Doctrine
"Might
Makes Right" is a subset of "Right of Conquest". Might makes
right is such a hackneyed overused and trite expression, so as almost to be a
cliché, as are those who seek to invoke it.
"The
crime is the punishment" results for those who wish to adhere to the
"Right of Conquest" as the justification for wars of aggression.
The Just War
Doctrine specifically excludes wars for personal enrichment and acquisition,
and related motives.
Right of
Conquest is the supposed right of a conqueror to the ownership of territories
taken via force of arms.
The Right of
Conquest is associated with the traditional principle that sovereign states may
resort to war at their discretion and that territorial and other gains achieved
by military victory will be recognized as legally valid.
The logic
being is that the denial of the right of conquest is meaningless unless one is
able and willing to use military force to deny it. Supposedly the right of
conquest meant that any lawfully entitled governance of the conqueror would
more likely to secure peace and stability for the people, legitimizes the
conqueror.
I am not
interested in debating that logic, or give examples of being able to conquer a
given territory but not being able to defend it or govern it.
When one opts
out of the Just War Doctrine and adopts the Right of Conquest, you foreswear
the protections of the Just War Doctrine.
When you
adhere to the Just War Doctrine, then wars of choice and aggression are war
crimes and are treated accordingly. If you claim that you do not adhere to the
Just War Doctrine and that instead you claim the Right of Conquest, then you
are subject to the Right of Conquest and not protected by the Just War
Doctrine.
The closest
parallel I could come up with is excommunication of a monarch by the papacy.
Rulers in Europe rule by a claim of divine right and war between them could
only be conducted under certain rules and for certain cause and claim. If
excommunicated, any other monarch or anyone at all could attack and obtain the
territory for their own without regard to said rules, cause or legitimate
colour of claim.
Without
abandoning the Just War Doctrine, if a polity claims the Right of Conquest,
then they are not protected by the mores of the Just War Doctrine, and anyone
may attack them without just cause or claim.
The punishment
for the policy of Right of Conquest is to be subject to the Right of Conquest.
The rules and
norms, which we refer to as The Forms, are what protects us. As has been
repeated many times, The Forms do not protect those who do not obey The Forms.
Thus, wars of
aggression and conquest, outside of the 'Just War Doctrine' are war crimes and
are treated as such, or one declares "Right of Conquest" and are thus
not protected by the Just War Doctrine. You cannot both adopt the "Right
of Conquest" and then claim the civil protections of the "Just War
Doctrine", one must choose and accept the natural consequence of said
choice.
Perhaps the
faint glimmer of natural consequence might cross their minds of those who dream
of "Right of Conquest".
His Grace,
Margrave Princely Count Sardar Kumar Sri Rai Sahib Khanzadeh, Imperial Observer
to the Mu Draconis System and throughout the Schedar Marche of the the Duchy of
Achernar In the Geminga/Solomani Sphere of influence, located in Orion’s Arm
(OA) Sector 2814 of the Concordat Dynasty of the Trantorian Galactic Imperium.
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