By Marco D. Palumbo
Marco Palumbo is graduating 3L at Albany Law School, Class of 2026. Prior to law school, Marco graduated Summa Cum Laude from University at Albany with a bachelor’s degree in political science and a minor in philosophy.
Marco is also a board member of the law school's club hockey team. Last year, he completed a field placement with the New York State Department of Veterans' Services.
After the bar exam, Marco plans on practicing in the Albany area at RoseWaldorf PLLC.
During the early stages of civilization, commonly devoid of philosophical and political theories, the resort to violence and warfare was not commonly supported by articulated moral principles or systematic logical reasoning. Instead, conflict functioned primarily as a means of survival within harsh and unforgiving environments, where strength and dominance often determined access to essential resources. Only later did societies begin to develop philosophical, ethical, and legal frameworks to justify and regulate war, transforming it from a purely survival-driven activity into one increasingly shaped by normative values.
Much of Western Just War Theory is rooted in the theories of Judeo-Christian philosophers, in particular those of St. Augustine and Thomas Aquinas. However, philosophical traditions in the East—many of which predate Christianity—developed their own theories concerning the moral justification and conduct of war. Eastern perspectives find some of their philosophical foundations in the teachings of Confucianism and Hinduism.
This paper will examine jus in bello principles developed in Western thought and compare those with Eastern perspectives.
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To read the paper, open HERE.