¹ 3 - 2002
Apresyan R.G.

Metanormative Contents of the Principles of Just War.


The author puts forward and substantiates, applying extensive historical material, a hypothesis according to which it is a transformed version of talion that underlies the complex of principles of just war. First of all, initial evaluative qualifications of war itself (such as different variations of militarism vs. pacifism opposition) are discussed. The article formulates a broad definition of war as any violent acts between political formations. Certain concrete principles of just war are described, from its declaration by legitimate power up to commensurate degree of severity in military operations. The author concludes that talion is a form of repressive justice, it is reserved in modern political culture for dealing with those who reproduce the archaic ethos of force in their thinking and conduct.