Home California Rep. McNerney Introduces Legislation to Debate the Moral Justification of Military Action

Rep. McNerney Introduces Legislation to Debate the Moral Justification of Military Action

Press Release

by ECT
Congressman Jerry McNerney

Washington, DC – As Russia’s continued attacks on Ukraine prompt the United States and allies to offer support and assistance to Ukrainian efforts to defend their sovereignty, a growing conversation has emerged around when U.S. military action or intervention is warranted. With this critical question looming, Congressman Jerry McNerney (CA-09) has introduced H. Res 1009, which would urge the House of Representatives to debate the criteria outlined in the Just War theory to determine if military action is justified prior to any authorization of the use of military force.

“In the past, decisions to enter into military conflict have been made with limited information and a condensed debate, resulting in unclear goals and a lack of foresight about what would be a successful outcome,” said Congressman McNerney. “Congress should engage in a transparent discussion on specific criteria to determine if war or military action is justified and with dissenting Members having an opportunity to make their case.”

The origin of the Just War theory dates back to the Roman statesman Cicero and has been discussed and refined by early and middle-era Christian theologians, as well as other religious figures and scholars. Six standard conditions are used to determine if military force is morally justified, and in the case of this resolution would be defined as follows:

  1. It must be a “just cause,” such as an intervention against a grave injustice, including the invasion by a foreign power that would kill, enslave, or otherwise do great harm to the society.
  2. A legitimate body must approve action, and as Congress is the only body within the federal government with the Constitutional authority to declare war, the House of Representatives would be designated as the legitimate approving body for debate.
  3. There must be a realistic chance of success, which would ultimately be stopping the injustice identified in just cause.
  4. Any U.S. military intervention must not cause greater harm than the underlying injustice.
  5. Intent to stop the injustice must be the main motivating factor for action, with no ulterior or self-serving agenda.
  6. The action of war or military force must only be the last resort, after all other options have been exhausted.

“H. Res. 1009 would provide a more structured, long-term approach to potential military action and position the United States as a leader on this front,” said Congressman McNerney.

For the Congressman’s op-ed on H. Res 1009, please visit the link here.

Rep. Jerry McNerney proudly serves the constituents of California’s 9th Congressional District that includes portions of San Joaquin, Contra Costa, and Sacramento Counties. For more information on Rep. McNerney’s work, follow him on Facebook and on Twitter @RepMcNerney

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