2020 IB Extended Essays

Jus in bello

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is formed (Chapter 9, Section V). Hence, any legal rights that the British had over Ireland

would have ceased to exist following the 1641 Rebellion, being replaced by the self-governing

rights of Confederate Ireland. Arguably, Cromwell’s 1649 invasion, with intent to destroy the

liberty of the Irish, places him and his army as the unjust aggressors. Evidence to promote the

Irish as being just can be seen also in Book 2 (Chapter 1), which lists a number of cases in

which defence is just, including defence of property, defence of life, all of which were under

threat from the British army. While there is compelling evidence that Cromwell was seeking

revenge for the 1641 Rebellion, which left thousands of Protestants dead, it is important to note

that a major cause of this rebellion was the plantation of Protestants in Ireland by the British monarchy, 9 an event which violates the right of property as described in Book 2 (Chapter 1, Section XI). 10 Therefore, with both the 1641 Rebellion and Oliver Cromwell’s invasion of

Ireland determined to be just wars, Cromwell’s actions can now be compared against the

criteria for what action are permissible in that just war.

Jus in bello – Conduct of War

The theory and practise of just warfare is known as jus in bello . Cromwell’s actions in both

the Siege of Drogheda and the Sack of Wexford will be tested against a number of criteria

devised from Grotius’ doctrine in order to determine how just Cromwell and his army were

during their invasion.

Killing of Non-Militant Peoples

The killing of civilians and other non-militant peoples is considered unjust in a just war, and

the evidence establishes Cromwell and his army as guilty of this. Furthermore, this violation

of the law is compounded because of Cromwell’s complicity in battle, to the extent that it is an

egregious violation. In Book 3 (Chapter 11, Sections VIII to XV), Grotius outlines the types

of people that should be spared in a just war. Grotius stated, “one must take care, so far as is

possible, to prevent the death of innocent persons, even by accident,” before going on to list

other social groups that should be spared. This includes children, women, old men, farmers,

9 Micheál Ó Siochrú, God’s Executioner . 10 Hugo Grotius, “General Rules from the Law of Nature Regarding What is Permissible in War; With a Consideration of Ruses and Falsehoods,” De jure belli ac pacis (Paris: Nicolas Buon, 1625), quoted in Francis W. Kelsey, On the Law of War and Peace , ed. Arthur E. R. Boak et al.(Oxford: Clarendon Press, 1925)

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