Morals of the Church
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Section — Wouters, Manual of Moral Theology

Scholion II. On War

¶1.

(St. Thomas, II-II, q. 40; St. Alphonsus, Theologia Moralis, book III, nn. 402-411; Homo Apostolicus, tract 8, nn. 29-32.)

War

751.

I. War, that is, a fight of one people against another, is distinguished into defensive and offensive. Defensive war is that which repels force here and now being brought against one; offensive war is that which is undertaken to compensate for or vindicate an injury that has been inflicted (St. Alphonsus, III, 402).

II. War is sometimes lawfully waged; defensive war, because a commonwealth, just as a private person, can repel unjust force by force; offensive war, because society ought to enjoy a means of defending its rights and of vindicating or recovering things lost. But sometimes no other means is at hand except war (St. Thomas, II-II, q. 40, a. 1; St. Alphonsus, loc. cit.). There is added that God in the Old Testament more than once commanded war.

III. Only the supreme authority in the commonwealth can declare war. For since "the care of the commonwealth has been committed to princes, it pertains to them to protect the commonwealth of the city, or kingdom, or province subject to them" (St. Thomas, II-II, q. 40, a. 1; St. Alphonsus, III, 402). Nor can an inferior authority or a private person declare war which regards only part of the commonwealth. The reason is that inferiors can "prosecute their right in the judgment of a superior" (St. Thomas, loc. cit.). Besides, as regards a private person, "to summon a multitude, which must be done in wars, does not pertain to a private person" (St. Thomas, loc. cit.; St. Alphonsus, III, 402).

Nevertheless, with natural law considered, the Supreme Prince can confer on an inferior magistrate, for example on the governor of a town or province, the faculty of declaring war on another town or province of a kingdom; and the same faculty can also belong to an inferior magistrate by force of the law of nations.

IV. In order that war may be lawfully declared, a just cause is required, and that the end justly intended cannot be obtained in another way.

  1. A just cause, that is, one proportionate to the damages annexed to war. Moreover:

a) For defensive war, the unjust aggression itself of the other party suffices. As regards offensive war, "just wars are usually defined as those which avenge injuries, if a nation or city is to be punished because it has either neglected to vindicate what was wickedly done by its own people, or to restore what was taken away by injury"1 (St. Thomas, II-II, q. 40, a. 1; St. Alphonsus, III, 402).

b) In doubt whether a just cause is present, war cannot be declared; both because in doubt the condition of the possessor is better, and because "war commonly brings with it such crimes and damages to religion, to the innocent, to the honor of women, and so forth, that practically it can scarcely ever seem just if it is inferred from things merely probable and not certain" (St. Alphonsus, III, 404). But subjects, called by law or already bound by contract before the war, are not bound to inquire into the justice of the war as long as no vehement suspicion occurs; indeed, even in doubt about the justice of the war, although an arduous matter is involved, they are bound to obey on account of the common good. The contrary must be said of those who are bound neither by law nor by contract (St. Alphonsus, III, 408).

  1. That the end justly intended cannot be obtained in another way; for example, through arbiters who settle the case. Indeed, with the immense damages annexed to war considered, princes must strive with every effort and work that wars always be averted.

V. As regards things lawful, prescribed, and prohibited in war, it suffices to have noted these things:

  1. It is lawful, if it conduces to the end of the war, to lay waste fields, to destroy fortresses, to occupy hostile goods and lands, to besiege cities and harass them with fire, although by accident it happens that innocent persons are harmed and killed. Indeed, sometimes it is right to destroy monasteries and churches, and in them to despoil and kill, if, for example, enemies use them as a fortress to defend themselves. Yet the aforesaid things are not lawful for private soldiers or inferior officers without the permission of the commander2 (St. Alphonsus, III, 409, 410). It is likewise lawful to use ambushes and stratagems, provided lies are absent (St. Thomas, II-II, q. 40, a. 3; St. Alphonsus, III, 410).

  2. "Faith pledged to an enemy must be kept, unless either you gave it under compulsion, or it would turn to grave detriment of the commonwealth or of religion; or if the enemies do not keep it; or finally if the conditions and circumstances have been altogether changed" (St. Alphonsus, loc. cit.).

  3. "Soldiers sin with the burden of making restitution if they take from country people or others, among whom they lodge or through whose places they pass, or extort from them unwilling, anything beyond those things which, by the constitution of the prince, these persons ought to furnish to them; unless, however, they are in extreme or at least grave necessity" (St. Alphonsus, loc. cit.).

  4. To the question, who can be justly killed in war, one must answer thus:

a) The following can be killed directly: commanders and soldiers of the hostile army; likewise those who bring aid to them.

b) The following cannot be killed: 1. the conquered and captured, unless from another source they are guilty of a crime of death; 2. those who have surrendered, under an agreement that they be spared; 3. the innocent, such as children, women, the elderly, country people, clerics, religious, pilgrims, unless it is established that they themselves are guilty; nevertheless they can be killed indirectly, insofar as their death cannot be avoided in military operations (St. Alphonsus, III, 409).3

  1. Finally, citizens not belonging to the army, by force of the law accepted among nations, are bound to abstain from bloody defense of the fatherland and bloody attack upon enemy soldiers.4

1 St. Augustine, book 6, Quaestiones (on Joshua, q. 16).

2 Aertnys-Damen, I, 590.

3 Aertnys-Damen, Theologia Moralis, I, 590.

4 Nederlandsche Katholieke Stemmen, 1915, p. 86.

War