The Indian Removal Act and Violations of Just War Principles
The Indian Removal Act authorized the US president to discuss treaties which were to facilitate the removal of the native Americans living to the Eastern of Mississippi River. The principles of a just war were violated although the war was called by the right authority as Andrew Jackson was the president of the federal government (Wilkins " Stark, 2017). The resources that were taken from the Native Americans were rightfully owned not illegally obtained. The Act was a violation of fundamental rights of the Native Americans by powerful political controls for selfish motives. The war was not justified as the Natives were not armed and therefore unable to retaliate back although some reacted violently. The president used unfair means to get the consent of the natives to move the land west of Mississip.They were actually cohoarsed by being threatened, bribery and providing liquor. Those who resisted were chained and forcefully taken captive. All these events do not meet the standards of a just war.
Conflict without Justification and Unfair Treatment of Native Americans
The conflict was not warranted as the natives were doing some economic progress activities on the land and were peaceful. The US government had need of the expansion especially in commerce, settlement and sustaining the ever-increasing white people population unlike the decreasing Indian population thus conflicting with natives (Perdue " Green, 2005). The treaties were legal initially but the government used its authority to undermine the Indian. Just war can only be waged against an armed enemy but in this case the Indians were not armed yet they were fought violently. Just war cannot be waged against civilians and without reasonable cause yet the Native Americans were engaged in war although they were civilians and non-violent to a large extent. The implementation of the war was not in order as even the aim of the fight was not re-establishing peace as required in just war principles. It was meant for selfish gains and discrimination of the pioneer white who control the resources. The weapons used did not differentiate between combatants and those who are not combatants as enshrined in principles of just wars. Thus, in my view the war during the forceful relocation of Indians was a gross violation of standards of just war.
Violation of the Principle of Double Effect and Disobedience of Court Rulings
The principle of double effect of war was highly violated as the same government that wage were against the civilians was tasked to the protect fundamental human rights. The government exposed the natives to death, hunger and lack of basic resources with the aim of satisfying the white only (Prucha, 2014). This is a discriminative approach and is not acceptable in the face of a just war. The government conflicted itself with the supreme court’s ruling on this war. The federal government agents were supposed to implement the ruling but they did the opposite way. The criteria of a just war were not met as the cause of the war was not founded on any solid reason which can have merit before a court of competent jurisdiction. The war was launched with no major reason.
Unethical Decision and Misuse of Power
The decision of moving the Indians was unethical and a violation legal rights of the affected people. The federal authority acted in disobedience of the supreme court ruling. Instead of the president implementing the ruling, he carelessly stated that Judge Marshal will have to implement his own ruling. This is misuse of power for selfish gains. The government was to do civilization to the Indians by training them on modern agriculture, good culture, development activities on the land and modern commercial businesses.
References
Perdue, T., " Green, M. D. (2005). The Cherokee removal: A brief history with documents (Vol. 18, p. 198). Boston: Bedford/St. Martin's.
Prucha, F. P. (2014). American Indian policy in crisis: Christian reformers and the Indian, 1865–1900. University of Oklahoma Press..
Wilkins, D. E., " Stark, H. K. (2017). American Indian politics and the American political system. Rowman " Littlefield.
