Towards a Concept of Universal Harm – War Ethics from Saint Augustine to Modern International Law

Abstract

This article advances “universal harm” as a legalethical category for acts that disrupt both the social order and the cosmic/ecological order on which life depends. Bridging intellectual history (Augustine, Aquinas, Vitoria, Grotius) and contemporary doctrine, the author shows how modern warfare – especially nuclear weapons and depleteduranium (DU) munitions – exceeds traditional humanitarianlaw frames by inflicting longlived, transboundary and intergenerational damage. A comparative analysis of jurisprudence (e.g., Shimoda on the atomic bombings; Overseas Hibakusha; Italian case law granting administrative indemnities to soldiers exposed to DU) and international instruments (UN/UNEP, EU, Earth Charter) reveals a persistent recognition gap: the law mitigates consequences but rarely recognizes or repairs universal harm, partly due to narrow causality tests and a fragmented application of the precautionary principle. Conceptually, the paper situates war within a wider “diffused war” topology that entangles states, private actors, ecosystems, and future generations, weakening the rule of law. Normatively, it calls for (i) codifying universal harm as a ground of erga omnes state responsibility, (ii) adopting treatylevel moratoria/bans on DU and other ecociderisk weapons, (iii) shifting from ex post compensation toward restorative obligations (ecosystem remediation, health protection), and (iv) integrating constitutional, humanrights, and environmental law around a biospherecentred precautionary standard. The result is a peaceoriented legal agenda that aligns security with the stability of biospheric processes and the dignity of present and future life.