Vol. XXXVIII / 1 - Studia Moralia

ONLY THE SOVEREIGN MAY DECLARE WAR AND NATO AS WELL 207
violation of human rights. Even apart from such a study it may
be assumed that the apology that the international community
did much less than it could have done in Rwanda made by
President Clinton during his visit there is proof, at face value,
that the three situations are on par as far as “gross” violation of
human rights is concerned. However, this in no way tells us
exactly what constitutes “gross”violation of human rights. It
would seem then that resort to reasonableness in the face of
manifest inhumanity towards others is the ultimate judge
determining the “gross” violation of human rights in a given
situation. Coupled to this is the pursuit, guided by prudence, of
a pragmatic course. So it is then that neither “objectivity” nor
“truth” exist independently already at hand waiting only to be
grasped and applied by the discerning intellect. On the contrary,
both are the result of a constant as well as complex interactive
process between the perceiving subject and the perceived. 26
“Truth” and “objectivity” then must be understood as the
contemporaneous convergence of perception and action. 27 It
follows then that an appeal to whatever cause as the justification
for war must meet the test of reasonableness according to the
understanding of truth and objectivity as defined here.
Accordingly, the threat or actual use of force to injure on a wide
scale, indiscriminately, disproportionately and without just
cause the individual right to life, liberty and limb would
constitute gross violation of human rights.
The struggle for Kosovo
In the light of the foregoing we turn to a brief outline of the
issues underlying the struggle for Kosovo. The purpose of the
outline is to provide a picture of the circumstances which in the
judgement of NATO warranted the declaration of war on
Belgrade. The basis of the struggle between the ethnic Albanians
26
Bohm, D., The Undivided Universe, Routledge and Kegan Paul:
London 1993, p. 16-17.
27
Bohm, D., Thought as a System, Routledge and Kegan Paul: London
1994, p. 181.