2020 IB Extended Essays

Jus in bello

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Historical Considerations

Before analysing Cromwell’s invasion, it is relevant to discuss a range of key factors to

establish the rationale for going to war. Between 1639 and 1651, the Three Kingdoms of

Britain, Ireland, and Scotland were ravaged by civil war. During this period the Irish Catholics,

who had been exploited by the English and Scottish Protestants with unfair land treaties,

rebelled in 1641. This conflict resulted in thousands of Protestant deaths and the formation of

Confederate Ireland. These Protestant deaths were not forgotten by Oliver Cromwell, who at

this stage was only a parliamentarian. Later, after Cromwell attained leadership and executed

the King of England in 1649, would he have an opportunity for retribution. Cromwell’s ire

was further inflamed early in the same year when Confederate Ireland signed an alliance with

the English Royalists, whose goal was to restore the monarchy in England. This factor, along

with avenging Protestant deaths, motivated Cromwell to invade Ireland. Cromwell was also

motivated by the need for money. As England had been financially devastated by the civil war, Cromwell wanted to pay back creditors through land tracts in Ireland. 4

The historical context of Grotius’ doctrine On the Law of War and Peace (1625) is equally

important to understand. Much of the first half of the 1600’s witnessed the devastation of

Europe due to the Thirty Years’ War. Lasting from 1618 to 1648, the war claimed millions of

lives, the majority being civilians. The war also drastically changed Europe’s political dynamics. 5 However, during the conflict, jurist Hugo Grotius wanted to promote peace, and

thus published his most well-known work, “ On the Law of War and Peace ”, in 1625.

Importantly, Grotius’ doctrine began to gain international credibility eight years after its

publication when five separate European nations invited him to join their public service.

Grotius’ ‘just war’ theory received widespread admiration, which will be explained later.

Indeed, Law of War had numerous editions published and universities taught Grotius’ principles. As such, Grotius was invited to diplomatically organise alliances. 6 Hence, the

work’s influence and importance in international codes of law, especially in relation to warfare,

cannot be understated. It is for these reasons that I decided to use it as the evaluative criteria

for Cromwell’s invasion of Ireland. As case studies, there are two main notorious events in

4 Micheál Ó Siochrú, God's Executioner: Oliver Cromwell and the Conquest of Ireland (London: Faber & Faber, 2008). 5 Peter Hess, “The Thirty Years’ War as Foil for the War in Syria,” Cultures Contexts, published September 16, 2018, https://sites.utexas.edu/culturescontexts/2018/09/16/the-thirty-years-war-as-foil-for-the-war-in-syria/ . 6 David Jayne Hill, The Rights of War and Peace (New York: M Walter Dunne, 1901), 11-17.

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