Is the Libya "no fly zone" a 'Just War'?

 Image from www.andrewcorbett.net

I just watched US President Barak Obama give his first big speech addressing the upheaval going on in Libya over the last few weeks. He very carefully steered away from using the term "war" to describe what the US, UK, France and other NATO and UN Nations are engaged in. But we all know that's exactly what it is. The questions I'm struggling with are: Is it "just"? Is what we (non-Libyans) are doing a good idea? Is it the best thing we could be doing? Will it have a good outcome?

Honestly I'm not sure of the answer to any of these questions. For just a moment I want to explore the "just war" question.

Christianity's idea of "Just War" dates back to St. Augustine (late 300s, early 400s). But the form most people know today was proposed by Aquinas (1200s). The idea is that for a war to be just, 

1. Other options must be explored first and found wanting. War must be a last resort.
2. The war must have a reasonable chance of success. 
3. It must be declared by some legitimate authority acting with honorable intentions.
4. Violence must be minimized and not be out of proportion. Civilians must be protected.

 If these are the criteria, then surely this conflict does not measure up. The "no fly" war was hastily thrown together in an emergency situation. Other options were not fully explored. Certainly not tried. There is no clear definition of what success might mean (is it regime change? minimizing civilian casualties? disabling Gaddafi's airforce?). If the goals aren't clear, it's hard to measure what the chances of success are. The UN and NATO might be considered legitimate authorities; however, the real impetus for this war are the Libyan rebels. Criteria #4 is the only one that so far seems to me to be fully met.

For me, the inability to justify the current military intervention based on "just war" theory doesn't highlight the moral morass of the conflict at hand but rather the inadequacy of theory itself.

• Exhausting all other options is not possible in today's world. While the UN Security Council deliberates civilians are being murdered. Memories of Kosovo, Rwanda and countless other past and current conflicts should make this clear. Sometimes action (even lethal action) needs to be taken quickly without exhausting every other possibility. Should this be done lightly? No. Is it tragic? Yes. But sometimes the "best action" is the lesser of two evils. And how quickly the action happens often plays a big part in whether it was justified or not. (Just one example from Jesus' life. When he found vendors exploiting the poor in the temple in the name of God, he forcibly removed them. This did not occur after weeks of failed negotiations. He threw them out in a surprise attack with little or no warning.)
• "Legitimate Authority" is a phrase that those in power use to keep those without power out. This criterion would outlaw any revolutionary activity. It would call into question everything from the American Revolution to modern day Burmese Resistance to the current Libyan Rebels. Just because you don't have an official body doesn't mean your cause is unjust. Jesus himself and the early church were not considered legitimate actors for the first 300 years of existence. They were labeled a cult or sect with Judaism and were considered dangerous.
• Reasonable chance for success also seems to be a criterion that could only be justified by those in power. The Burmese Resistance has little chance of success (at least in the immediate future) but it is absolutely necessary. The Libyan resistance had little chance of success, until powerful friends backed it with airstrikes. A small motley group of disciples in the first century were tasked with bringing a surprising and unlikely message to the masses. They had and have little chance of success... without divine intervention. But that's exactly what they were (and we are) counting on.
• The only piece that seems completely relevant today from the original "just war" theory is the desire to act with minimal violence and protect non-combatants.

All this is not to say that the actions taken by foreign governments and institutions against the Libyan government are justified. Truth is I am not sure what I believe is the best or most appropriate action. But for Christians looking for a formula to help make moral choices about war, this pastor believes that traditional Just War theory as proposed by Augustine and Aquinas is an inadequate guide.