Marcus Tullius Cicero’s Just War Theory

Jus Bellum Justum:

The Major causes of war in Muslim Mindanao

A Term Paper

Presented to

Prof. Alex S. Compas

University of the Visayas

In Partial Fulfillment

Of the Requirements for

Pol Sci II: Introduction to Political Theory

By: Al-Mahdooz S. Amil

November 2019
Theory: Just War Theory provides a useful framework for individuals and

political groups to use for their discussions of possible wars. The theory is not

intended to justify wars but to prevent them, by showing that going to war except

in certain limited circumstances is wrong, and thus motivate states to find other

ways of resolving conflicts. The Moro conflict was an insurgency in the

Mindanao region of the Philippines, which lasted between 1969 and 2019. Due to

marginalization produced by continuous Resettlement Policy sustained at start of

Mindanao and Sulu inclusion to the Philippine Commonwealth territory of 1935,

by 1969, political tensions and open hostilities developed between the

Government of the Philippines and Moro Muslim rebel groups. The developing

Moro Insurgency was ultimately triggered by the Jabidah massacre, which saw

the killing of 60 Filipino Muslim commandos on a planned operation to reclaim

the eastern part of the Malaysian state of Sabah. The Moro Insurgency is rooted in

a long history of resistance by the Bangsamoro people against foreign rule, dating

back to the American annexation of the Philippines in 1898 even as they are not

part of Spain's Act of War. Since then, Moro resistance has persisted against the

Philippine government. This paper discussed the major cause of War in Muslim

Mindanao in view to the Cicero’s Doctrine on Just War Theory.

I. Introduction

A. Just War Theory in different views

1. Cicero’s Just War Theory

2. History and Definition

1. Moro Insurgency

C. Scope of the Paper

II. Body of the Term Paper

A. History of the war in Muslim Mindanao

1. The Government and the Moros

2. Conquering of Foreign invaders in Mindanao

3. Agreement and signing of treaties

B. Recorded wars in Muslim Mindanao

1. Causes of war in different administrations

2. Moro’s intention; Is it a threat to ‘Maharlika’?

3. The breakouts of War

C. Implication of Just War Theory in the cause of War in Muslim

Mindanao

D. War in Muslim Mindanao; Just or Unjust?

III. Conclusion

A. Philippines present Administration Perspectives

1. Purpose of OLBARMM or Organic Law for the Bangsamoro

Autonomous Region in Muslim Mindanao

The just war theory is a largely Christian philosophy that attempts to

reconcile three things: First, taking human life is seriously wrong; Second, states

have a duty to defend their citizens, and defend justice; and Third, protecting

innocent human life and defending important moral values sometimes requires

willingness to use force and violence. The theory specifies conditions for judging

if it is just to go to war, and conditions for how the war should be fought.

Although it was extensively developed by Christian theologians, it can be

used by people of every faith and none. The aim of Just War Theory is to provide

a guide to the right way for states to act in potential conflict situations. It only

applies to states, and not to individuals (although an individual can use the theory

to help them decide whether it is morally right to take part in a particular war).

The theory provides a useful framework for individuals and political

groups to use for their discussions of possible wars. It is not intended to justify

wars but to prevent them, by showing that going to war except in certain limited

circumstances is wrong, and thus motivate states to find other ways of resolving

conflicts.

The doctrine of the Just War can deceive a person into thinking that

because a war is just, it's actually a good thing. But behind contemporary war
theory lays the idea that war is always bad. A just war is permissible because it's a

lesser evil, but it's still an evil act.

The principles of a Just War originated with classical Greek and Roman

philosophers like Plato and Cicero and were added to by Christian theologians

like Augustine and Thomas Aquinas. There are two parts to Just War theory, both

with Latin names: Jus ad bellum or the conditions under which the use of military

force is justified; and Jus in bello or how to conduct a war in an ethical manner. A

war is only a just war if it is both justified, and carried out in the right way. Some

wars fought for noble causes have been rendered unjust because of the way in

which they were fought.

The Just War Doctrine, first enunciated by St. Augustine of Hippo (354-

430 AD), addresses two questions. First in Jus Ad Bellum, in what circumstances

is going to war right, moral, and just? Under what circumstances is it morally

possible for Christians to participate? Second in Jus in Bello, what conduct is

right during wartime? Once war has begun, what is allowable and what is not?

St. Augustine lived in an era when Rome was losing control of the world,

and was quickly falling to the other powers. The questions of moral values in war

were immanent. He then identified two aspects of war that require moral

justification:

1. The right to go to war (Jus Ad Bellum)

2. The right conduct in war (Jus In Bello)

There are seven criteria or standards for a just war. First, Just Cause refers

to a real and certain injustice must exist. Some aggressor must be endangering
innocent lives and other basic human rights. The just war theory rules out

preemptive strikes in so-called preventative war. The real goal must be the

protection of human rights, and the restoration of justice and peace.

Second, Right intention refers to the true intention is peace and must be

the desired outcome. The just defense theory rules out common reasons why

nations go to war: gaining and maintaining control over another nation’s territory

or resources, revenge, humiliation, genocide, intimidation, and protecting

investments.

Third, Legitimate Authority refers to the king, the president, or even the

congress in some countries. (By the way, this criteria raises the issue that since no

war is just unless declared by a legitimate authority, can there ever be a just

revolution? If so, who then is the legitimate authority to declare such a war?)

Fourth, Last Resort refers to no war is just unless it is the last resort. Non-

violent means must be tried and proven ineffective. This goes after the following

have failed: negotiation, mediation, legal action, blockade, non-cooperation, and

civil disobedience. If all fails, only the minimum violence required to restore

justice is permissible.

Fifth, Reasonable Chance of Success refers to there must be good and

sound reasons why violence, killing, and war will achieve the desired goal.

Sixth, Proportionality refers to the good achieved must outweigh the harm

done. For example is it not morally just to kill 1,000 people to save 100 lives. A

war becomes disproportionate and unjust when the evil effects outweigh the good

to be achieved. (This raises an issue that St. Augustine never could have
imagined: can the use of chemical, nuclear, and biological weapons ever be

moral?)

Lastly, Non-combatant Community this criterion demands that the non-

combatants must never be targeted or attacked. This also forbids destruction of

the enemy’s infrastructure: water & sanitation system, power plants, hospitals and

medicine factories, and crops and food reserves among others.

This criteria is supported by Vatican Council II Gaudium et Spes (80):

“Any act of war aimed indiscriminately at the destruction of entire cities of

extensive areas along with their population is a crime against God and man

himself. It merits unequivocal and unhesitating condemnation.”

The Moro conflict was an insurgency in the Mindanao region of the

Philippines, which lasted between 1969 and 2019. Due to marginalization

produced by continuous Resettlement Policy sustained at start of Mindanao and

Sulu inclusion to the Philippine Commonwealth territory of 1935, by 1969,

political tensions and open hostilities developed between the Government of the

Philippines and Moro Muslim rebel groups. The developing Moro Insurgency was

ultimately triggered by the Jabidah massacre, which saw the killing of 60 Filipino

Muslim commandos on a planned operation to reclaim the eastern part of the

Malaysian state of Sabah.

In response of the killings, the University of the Philippines professor Nur

Misuari established the Moro National Liberation Front (MNLF), an armed

insurgent group that was committed to establishing an independent entity

composed of Mindanao, Sulu, and Palawan. Over the successive years, the MNLF
has splintered into several different groups including the Moro Islamic Liberation

Front (MILF), which wanted to establish an Islamic state within the Philippines.

The Moro Insurgency is rooted in a long history of resistance by the

Bangsamoro people against foreign rule, dating back to the American annexation

of the Philippines in 1898 even as they are not part of Spain's Act of War. Since

then, Moro resistance has persisted against the Philippine government.

Casualty statistics vary for the conflict; however, the conservative

estimates of the Uppsala Conflict Data Program indicate that at least 6,015 people

were killed in armed conflict between the Government of Philippines and ASG,

BIFM, MILF, and MNLF factions between 1989 and 2012.

The Moros had a history of resistance against Spanish, American, and

Japanese rule for 400 years. During the Spanish–Moro conflict, Spain repeatedly

tried to conquer the Moro Sultanate of Sulu, Sultanate of Maguindanao, and

the Confederation of sultanates in Lanao. The armed struggle against the

Japanese, Spanish, Americans and Christian Filipinos is considered by current

Moro Muslim leaders to be part of a four-century-long "national liberation

movement" of the Bangsamoro (Moro Nation).

Dating back to the years between 1970 and 2001, the total economic toll

was estimated at P640 billion in terms of damaged infrastructure, homes and other

property and business losses that’s about P20 million a year, according to the

report of News5. On the other hand, there’s then the combat expense in a total of

P73 billion between 1970 to 1996, when the Ramos Administration forged a

“Peace Agreement” with Nur Misuari’s Moro National Liberation Front (MNLF),
the human toll during the period was 120,000 dead, (not specified if civilians or

members of the group) according to the report.

Not just in Ramos’ administration, the second on the line was Estrada’s

administration after the Memorandum of Agreement on Ancestral Domain

(MOA-AD) was aborted which caused the all-out-war against the Moro Islamic

Liberation Front (MILF) in 2000. About 600,000 people were displaced in the

clashes between the MILF and the government forces and 982,000 civilian

evacuees.

Various wars occurred during different regimes, some reasons were peace

agreement and resettlements, money, power and justice. Although, religious

differences have partly shaped the conflict, the roots of it have been the clash of

interest in land and other natural resources. Moros have always been considered

as inferior in the basis of what they see and hear, lacking a role and voice in peace

negotiations. Yet, loosely paralleling to the situation, the Moros and indigenous

people and their involvement in the peace process such that active involvement in

politics often leads to misunderstandings. Their implementation in gaining trust

and freedom gives bad discernment making them as one of the Government’s

main opponent.

Through history from the Spaniards and other foreign invaders, it was land

and property acquisition, exploitation leading to slavery, aside from conversion of

religion, a concrete example of what Datu Lapu-lapu did in Mactan. Maharlika,

the land that Moros fought for hundreds of years from the hands of greedy

colonizers is now waging war with its first defenders. The protection strategy
often perceived as terrorism when its aspiration is to be accepted and fight for

what the country deserves- free from colonizers and slavery. Not because majority

of the land is composed of Christians, the Moros will be considered as weeds that

needs to be pulled off.

The reason of the Maguindanao Massacre which was also considered as

one of the bloody wars in history was purely political, when the Mangudadatus

were going to file for candidacy against Andal Ampatuan Jr, whose family is a

member of a prominent Muslim political clan.

Another was the bombing of Catholic church in the Southern Philippine

island of Jolo leaving 20 people were killed; 15 civilians and 5 soldiers, police

which its main suspects were ISIS, saying it was “an act of terrorism” as

condemned by the government. After 4 days, another bombing occured in the

Mosque of Zamboanga City having two people were killed and 4 injured.

Personal grudge could be the motive of attack said the region’s police director

Chief Supt. Emmanuel Licup.

The Fallen or SAF 44 and the Marawi Siege which caused tears to

thousands of families, lots of widows and orphaned children was the acts of

terrorism caused by ISIS fought by the armed forces of the Philippines and other

government armed group, afloating with the reason of acquiring territory in

Marawi City, money, power and authority.

It is my view that the war on Muslim Mindanao is supposed to be a just

war. But the unjust killings by some ISIS and scalawags in police and military
personalities make the war on Muslim Mindanao unjust. Arresting suspects,

following due process, and rule of law must still prevail.

It is my conclusion, which it is morally just for a president to use violence,

killings, and war to achieve a higher purpose of peace that outweighs the possible

problems they may encounter in the process. The legitimate authorities whose

belief that this war is the last resort in curtailing the proliferation of the violence

and extremism, establishing peace and order in society in the long run. There are

also glaring reasons to justify its success as shown by the figures of the Military

Forces of the Philippines — number of arrests, those who surrendered, the

unrelenting pursuit of terrorists, and cases filed against the perpetrators. The

proportionality of the losses of lives against those future losses of lives to be

inflicted by unjust aggressors is justified.

The Duterte Adminitration who passed the OLBARMM or Organic Law

for the Bangsamoro Autonomous Region in Muslim Mindanao believed that it

brings long-lasting peace and sustainable economic development by addressing

the grievances, sentiments, and demands of Muslims in the region. It was first

proposed in the Aquino Administration as BBL or Bangsamoro Basic Law,

unfortunately, it was denied by the senate and congress.

They decry the declaration of martial law as a violation of human rights.

Ridiculous as it may seem, they want to return to a pacifist stance that failed and,

worse, became the cause of the staggering rise in the proliferation of illegal drugs.

Why insist on returning to the precursor of the problem? Perhaps those

against the just war tradition, and critics of the current administration war on
Muslim Mindanao, have much to lose in the eventual decline in the enlarging

number of terrorists in the country.

Out of 7 criteria for a just war, the most difficult really is no. 5:

“reasonable chance of success”. Some countries like Singapore and Malaysia

have succeeded, by making the punishment very harsh, but effective. I think this

is what the current administration is doing: sowing fear in possible users and

actual pushers. How to deal with the collateral damage from other reasons (like

that son of the OFW who was killed by the police after his neighbor, with whom

he had an altercation, invented an accusation that the poor kid was a terrorists; I

think those who do that should be prosecuted using the full extent of the law, so

they don’t do it again).

“Let war be so carried on that no other object may seem to be sought but

the acquisition of peace. Bellum autem ita suscipiatur, ut nihil aliud, nisi pax,

quaesita videatur”. -Cicero

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