Теория справедливой войны в XXI в.: основные задачи и проблемы.
The article outlines the necessity of just war theory adaptation to modern international relations challenges. New spheres of fighting appeared and non-state actors, such as terrorists, insurgents and economical structures, joined politics, so just war theory has to revise jus ad bellum и jus in bello principles. As it seems to the author that the main line of just war theory development consists in answering the question of adaptation normative war conception to the new wars.
The author analizes typologies of the financing of terrorism and practice of combating the financing of terrorism, identifies main problems and proposes possible solutions.
The article touches approach of the modern Islamic legal thought to the Islamic state and caliphate. The author explains the fundamental principles if Islamic concept of the power (caliphate) and points out that this concept was gradually deviating from real political practice. The caliphate itself remained as a political institution till the collapse of the Ottoman Empire after the World War I. After emergence of Islamic State of Iraq and Levant (ISIL) the caliphate converted to concrete political project. In June 2014 ISIL which changed its name to become “Islamic State” (IS) declared creation of caliphate. In practice the Shariat implementation in IS comes to mass killings, forcing nonmuslims to adopt Islam, interference into internal life of Muslim states and terror attacks. The modern Islamic legal thought criticizes IS severely stressing on its violence of religious postulates and Shariat provisions.
The article deals with the problem of normative evaluation of war and mass violence. The doctrines of Realism, Pacifism, Militarism, Realism and Just War are the most widely used theoretical and normative tools of this evaluation and normative practice. The latest developments have brought the Just War theory to the fore. The peak of popularity of the Just War Theory may prove, nevertheless, to be its swan's song. The recent theoretical findings as well as the political applications of this ethical theory in Kosovo and Iraq, have proved to be somewhat less then adequate, to say the least. Theoretically it hovers uneasily in between Militarism and Pacifism, pragmatically it may work as a smoke screen for the most hideous forms of agression and an instrument of the wide scale information war. The author of this article is holding that we must not put aside the idea of the morally constrained war, it may be modified. The result of this modification may be entitled Necessary War doctrine. The necessary war differs significantly from the just war, it is closer to pacifism and less prone to theoretical critisism. The foundations of this doctrine has been laid by Russian philosopher Ivan Ilyin.