Non-culpable ignorance and just war theory

Abstract

The so called “non-culpable ignorance” is an instrument to justify participating in a war on a defeated side, on condition that fighters sincerely believe that they are defending a just cause and had some valid reasons to believe in having a chance to win. Within the just war theory this instrument is needed to make both sides prima facie right, otherwise the theory would imply that those who lose are guilty in advance, especially if they are the weaker side. However, in contemporary context of criminalizing war the very concept of war is changing and becoming extremely vague. As wars are more and more “asymmetric”, just war theory might face serious challenges regarding incorporation of “non-culpable ignorance” within its scope, as well as difficulties in showing that justice goes with the victory, opening thus the issues of articulation of a just peace.