Military Ethics

Recently criticisms against autonomous weapons were presented in a video in which an AI-powered drone kills a person. However, some said that this video is a distraction from the real risk of AI—the risk of unlimitedly self-improving AI systems. In this article, we analyze arguments from both sides and turn them into conditions. The following conditions are identified as leading to autonomous weapons becoming a global catastrophic risk: 1) Artificial General Intelligence (AGI) development is delayed relative to progress in narrow (...) AI and manufacturing. 2) The potential for very cheap manufacture of drones, with prices below 1 USD each. 3) Anti-drone defense capabilities lagging offensive development. 4) Special global military posture encouraging development of drone swarms as a strategic offensive weapon, able to kill civilians. We conclude that while it is unlikely that drone swarms alone will become existential risk, lethal autonomous weapons could contribute to civilizational collapse in case of new world war. (shrink)

The international debate on the ethics and legality of autonomous weapon systems (AWS) as well as the call for a ban are primarily focused on the nebulous concept of fully autonomous AWS. More specifically, on AWS that are capable of target selection and engagement without human supervision or control. This paper argues that such a conception of autonomy is divorced both from military planning and decision-making operations as well as the design requirements that govern AWS engineering and subsequently the tracking (...) and tracing of moral responsibility. To do this, this paper marries two different levels of meaningful human control (MHC), termed levels of abstraction, to couple military operations with design ethics. In doing so, this paper argues that the contentious notion of ‘full’ autonomy is not problematic under this two-tiered understanding of MHC. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

Advances in AI are powering increasingly precise and widespread computational propaganda, posing serious threats to national security. The military and intelligence communities are starting to discuss ways to engage in this space, but the path forward is still unclear. These developments raise pressing ethical questions, about which existing ethics frameworks are silent. Understanding these challenges through the lens of “cognitive security,” we argue, offers a promising approach.

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

The article assesses different models of professional ethics and develops a model which sees professional imperatives as the institutionally-guided expression of foundational moral principles. This article uses the model to assess the moral pressures placed on interrogators in undercover operations in which a detective poses as a suspect in pre-arraignment holding. While highly effective, the level of empathetic rapport required risks incurring compassion fatigue and burn out on the part of detectives.

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long- distance, human-guided weaponry. (...) We suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

Lethal Autonomous Weapons (LAWs) are robotic weapons systems, primarily of value to the military, that could engage in offensive or defensive actions without human intervention. This paper assesses and engages the current arguments for and against the use of LAWs through the lens of achieving more ethical warfare. Specific interest is given particularly to ethical LAWs, which are artificially intelligent weapons systems that make decisions within the bounds of their ethics-based code. To ensure that a wide, but not exhaustive, survey (...) of the implications of employing such ethical devices to replace humans in warfare is taken into account, this paper will engage on matters related to current scholarship on the rejection or acceptance of LAWs—including contemporary technological shortcomings of LAWs to differentiate between targets and the behavioral and psychological volatility of humans—and current and proposed regulatory infrastructures for developing and using such devices. After careful consideration of these factors, this paper will conclude that only ethical LAWs should be used to replace human involvement in war, and, by extension of their consistent abilities, should remove humans from war until a more formidable discovery is made in conducting ethical warfare. (shrink)

Autonomous Weapon Systems (AWS) are the next logical advancement for military technology. There is a significant concern though that by allowing such systems on the battlefield, we are collectively abdicating our moral responsibility. In this thesis, I will examine two arguments that advocate for a total ban on the use of AWS. I call these arguments the “Responsibility” and the “Agency” arguments. After presenting these arguments, I provide my own objections and demonstrate why these arguments fail to convince. I then (...) provide an argument as to why the use of AWS is a rational choice in the evolution of warfare. I conclude my thesis by providing a framework upon which future international regulations regarding AWS could be built. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

Although some claim that the term cyber war is merely metaphorical, there are good reasons to see cyber war as a form of warfare ‐ even if it is not war as we have hitherto known it. This poses the question whether the principles of the Just War Tradition, which claims to offer an alternative for pacifism and realism, apply to this specific kind of war too. This article argues that the jus in bello principles of discrimination and proportionality are (...) applicable, and that actually applying them would limit the harm cyber-attacks currently cause. Most cyber-attacks of recent years wrongly target civilians, and this amounts to a serious breach of these principles. The final part of this article looks at those who actually conduct the cyber-attacks, the cyber soldiers ‐ how do they fit into the military profession, and to what extent can we expect them to uphold the principles of Just War? (shrink)

1. Introduction 2. What honor is 3. Honor in the military 4. The use of robots and the honorableness of the military profession 5. Conclusion.

When militaries mention loyalty as a value they mean loyalty to colleagues and the organisation. Loyalty to principle, the type of loyalty that has a wider scope, plays hardly a role in the ethics of most armed forces. Where military codes, oaths and values are about the organisation and colleagues, medical ethics is about providing patient care impartially. Being subject to two diverging professional ethics can leave military medical personnel torn between the wish to act loyally towards colleagues, and the (...) demands of a more outward looking ethic. This tension constitutes a test of integrity, not a moral dilemma. (shrink)

Case studies about institutional pressures encouraging dishonesty in the US Navy.

A case study exploring the importance of compassion for enemies appealing to a series of targeting decisions, co-written with the senior Marine in Iraq in 2003-4.

Lethal Autonomous Weapons (LAWs) have becomes the subject of continuous debate both at national and international levels. Arguments have been proposed both for the development and use of LAWs as well as their prohibition from combat landscapes. Regardless, the development of LAWs continues in numerous nation-states. This paper builds upon previous philosophical arguments for the development and use of LAWs and proposes a design framework that can be used to ethically direct their development. The conclusion is that the philosophical arguments (...) that underpin the adoption of LAWs rather than not, although prima facie insufficient, can be actualized through the proposed Value Sensitive Design (VSD) approach. Hence, what is proposed is a principled design approach that can be used to embed stakeholder values into a design, encourage stakeholder cooperation and coordination and as a result promote social acceptance of LAWs as a preferable future fact of war. (shrink)

The UN Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person” by someone acting in an official capacity for purposes such as obtaining a confession or punishing or intimidating that person.1 It is unethical for healthcare professionals to participate in torture, including any use of medical knowledge or skill to facilitate torture or allow it to continue, or to be present during torture.2-7 Yet medical participation (...) in torture has taken place throughout the world and was a prominent feature of the US interrogation practice in military and Central Intelligence Agency (CIA) detention facilities in the years after the attacks of 11 September 2001.8-11 Little attention has been paid, however, to how a regime of torture affects the ability of health professionals to meet their obligations regarding routine clinical care for detainees. -/- The 2016 release of previously classified portions of guideline from the CIA regarding medical practice in its secret detention facilities sheds light on that question. These show that the CIA instructed healthcare professions to subordinate their fundamental ethical obligations regarding professional standards of care to further the objectives of the torturers. (shrink)

Ecosophy or ecological wisdom – the new philosophy of contemporary life is also a philosophy of security, digital content, tolerance; it is a philosophy of survival and sustainable development of man, society and nature. Man, society as well as science currently need and will need a new philosophy – ecosophy. All together and each one in part they are based on security, first of all on human security. The interaction of philosophy with science occurs historically through three main stages. The (...) first one is characterized by the ancient belief that all the theoretical knowledge is philosophy. The second one, which has started approximately in the 15th century, suggests that the science is apparently independent from philosophy as a main focus. The third stage, that has just started, treats the scientific knowledge as complementary to the philosophical one. Both of them can successfully develop and function only with reciprocal interaction. Studying and understanding of the scientific knowledge leads to the professional development. The study of philosophy develops and strengthens the spirituality, the core of a developed personality. (shrink)

Predictions about autonomous weapon systems (AWS) are typically thought to channel fears that drove all the myths about intelligence embodied in matter. One of these is the idea that the technology can get out of control and ultimately lead to horrific consequences, as is the case in Mary Shelley’s classic Frankenstein. Given this, predictions about AWS are sometimes dismissed as science-fiction fear-mongering. This paper considers several analogies between AWS and other weapon systems and ultimately offers an argument that nuclear weapons (...) and their effect on the development of modern asymmetrical warfare are the best analogy to the introduction of AWS. The final section focuses on this analogy and offers speculations about the likely consequences of AWS being hacked. These speculations tacitly draw on myths and tropes about technology and AI from popular fiction, such as Frankenstein, to project a convincing model of the risks and benefits of AWS deployment. (shrink)

Although the notion of universal human rights allows for the idea that states (and supranational organizations such as the European Union) can, or even should, control and impose restrictions on migration, both notions clearly do not sit well together. The ensuing tension manifests itself in our ambivalent attitude towards migration, but also affects the border guards who have to implement national and supranational policies on migration. Little has been written on the ethics that has to guide these border guards in (...) their work. Juxtaposing the ethics of border guarding against the ethics of the somewhat related military profession, this article attempts to (a) describe border guarding as a comparatively rule-guided profession; (b) outline the aim and basis of the ethics education that prepares border guards for their work; and (c) propose a research agenda for the future that should further our understanding of (a) and (b), but also help us improve the moral education of border guards. (shrink)

In this paper, the ethical and spiritual aspects of the trolley problem are discussed in connection with the dropping of atomic bombs on Hiroshima and Nagasaki. First, I show that the dropping of atomic bombs was a typical example of the events that contained the logic of the trolley problems in their decision-making processes and justifications. Second, I discuss five aspects of “the problem of the trolley problem;” that is to say, “Rarity,” “Inevitability,” “Safety Zone,” “Possibility of Becoming a Victim,” (...) and “Lack of Perspective of the Dead Victims Who Were Deprived of Freedom of Choice,” in detail. Third, I argue that those who talk about the trolley problem are automatically placed in the sphere of the expectation of response on the spiritual level. I hope that my contribution will shed light on the trolley problem from a very different angle, which has not been made by our fellow philosophers. (shrink)

In recent years, it has been argued more than once that situations determine our conduct to a much greater extent than our character does. This argument rests on the findings of social psychologists such as Stanley Milgram, who have popularized the idea that we can all be brought to harm innocent others. An increasing number of philosophers and ethicists make use of such findings, and some of them have argued that this so-called situationist challenge fatally undermines virtue ethics. As virtue (...) ethics is currently the most popular underpinning for ethics education in the military, it is important to know to what extent the claim situationists make is correct. Fortunately, a closer look indicates that an interactionist perspective, with our character and the situation interplaying, is more accurate than the situationist perspective. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in a (...) far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

This paper explores the dichotomy of a soldier’s conflicting duties found in contemporary conflicts such as Iraq or Afghanistan. These two conflicting duties, the traditional duty of kill-destroy and the mutually exhaustive duty of help-build, often collide at the tactical level in the complex environment of modern conflicts. When these two duties collide, it holds potential for tragic consequences that go beyond the tactical level where they occur and can have strategic impact.

The aim of this paper is to examine the usefulness of the somewhat related notions of integrity, moral courage, and Innere Führung (the leadership concept used by the German military) as a means of making military personnel behave ethically. Of these three notions, integrity is mentioned most often within military organizations, and the largest part of what follows is therefore devoted to a description of what integrity is, and what the drawbacks of this notion are for the military. This will (...) lead us to conclude that integrity in its most common meaning is too vague and subjective to be of much use to the military. It is because of these drawbacks that this paper looks into moral courage and Innere Führung as possible alternatives for integrity. (shrink)

I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection in medicine (...) cannot be evaluated or controlled by anyone is based either on a mistaken interpretation of the Constitution or on the unreliable concept of conscience. I will refer to the legal regulations concerning military refusals that require from objectors to reveal and justify their views. Finally, I will demonstrate why conscientious objection under uncertainty does not deserve acceptance, because it is based on a specific version of the precautionary principle. (shrink)

Bringsjord and Licato provide a general meta-argument that cyberwarfare is so different from traditional kinetic warfare that no argument from analogy can allow the just war theory of Augustine and Aquinas to be pulled over from traditional warfare to cyberwarfare. I believe that this meta-argument is sound and that it applies not just to cyberwarfare: in particular, on my reading of the meta-argument, argument from analogy has never been adequate to allow JWT to be applied to the kind of warfare (...) that we are familiar with now. (shrink)

I argue that, according to Just War Theory, those who work as administrative personnel in the private military industry can be permissibly harmed while at work by enemy combatants. That is, for better or worse, a Just War theorist should consider all those who work as administrative personnel in the private military industry either: (i) individuals who may be permissibly restrained with lethal force while at work, or (ii) individuals who may be harmed by permissible attacks against their workplace. In (...) doing so, I also provide some critical analysis of the relevant Just War concepts. (shrink)

Unlike human soldiers, autonomous weapons systems are unaffected by psychological factors that would cause them to act outside the chain of command. This is a compelling moral justification for their development and eventual deployment in war. To achieve this level of sophistication, the software that runs AWS will have to first solve two problems: the frame problem and the representation problem. Solutions to these problems will inevitably involve complex software. Complex software will create security risks and will make AWS critically (...) vulnerable to hacking. I claim that the political and tactical consequences of hacked AWS far outweigh the purported advantages of AWS not being affected by psychological factors and always following orders. Therefore, one of the moral justifications for the deployment of AWS is undermined. (shrink)

Mehlman and Li offer a framework for approaching the bioethical issues raised by the military use of genomics that is compellingly grounded in both the contemporary civilian and military ethics of medical research, arguing that military commanders must be bound by the two principles of paternal- ism and proportionality. I agree fully. But I argue here that this is a much higher bar than we may fully realize. Just as the principle of proportionality relies upon a thorough assessment of harms (...) caused and military advantage gained, the use of genomic research, on Mehlman and Li’s view, will require an accurate understanding of the connection between genotypes and phenotypes – accurate enough to ameliorate the risk undertaken by our armed forces in being subject to such research. Recent conceptual work in evolutionary theory and the philosophy of biology, however, renders it doubtful that such knowledge is forthcoming. The complexity of the relationship between genotypic factors and realized traits (the so-called ‘G→P map’) makes the estimation of potential military advantage, as well as potential harm to our troops, incredibly challenging. Such fundamental conceptual challenges call into question our ability to ever satisfactorily satisfy the demands of a sufficiently rigorous ethical standard. (shrink)

Critical analysis of development of concept of jus ante bellum.

In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts on military (...) ethics dealing with the subject of military virtues the Aristotelian view on virtues is still pivotal. Developing virtues is by some authors seen as the best way to prevent misconduct by military personnel, it being considered superior to rules or codes of conduct imposed from above. The main argument these authors offer is that these solutions are impotent when no one is around, and lack the flexibility often thought necessary in today’s world. Finally, rules and codes try to condition behavior, leaving less room for personal integrity. At first sight, then, there is a great deal to say in favor of virtue ethics as being the best way of enhancing the chances of soldiers behaving morally. However, this preference for steering conduct by means of promoting certain desirable dispositions is not without any problems that, as it stands, are hardly ever addressed. To begin with, there are a few practical concerns. For instance, even if we assume that military virtues can assist military personnel to do their work in a morally sound manner, it is still not clear to what extent virtues can, in fact, be taught to them. It is an assumption of virtue ethics that they can, but is this really the case? And if so, how should they be taught? – virtues are supposedly developed by practicing them, yet how much room is there for practicing virtues in for instance the ethics education as followed in military academies and school battalions? Secondly, it appears that the traditional military virtues, such as honor, loyalty, courage, and obedience, are, especially in their common interpretation, mainly beneficial to colleagues and the organization, not so much to the local population of the countries military personnel are deployed to. Changes in the military’s wider environment have led to a shift from traditional of self-defense tasks to new, more complex tasks, and especially in today’s missions one could expect that the proper virtues are not necessarily solely the more martial ones. (shrink)

This paper develops and defends a new way for pacifists to deal with the problem of supreme emergency. In it I argue that a supreme emergency in which some disaster can only be prevented by modern war is a morally tragic situation. This means that a leader faced with a supreme emergency acts unjustifiably in both allowing something terrible to occur, as well as in waging war to prevent it. I also argue that we may have cause to excuse from (...) wrongdoing the agents who must choose an unjustified action in a supreme emergency. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...) high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...) account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied (...) the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

The use of advanced technologies, even of so-called transhuman technology, does not make militaries transhuman. Transhumanism includes dimensions of ethics that are themselves in direct conflict with many transhuman capabilities of soldiers in warfare. The use of advanced weapons of mass destruction represents an anti-humanism that undermines the modern, open, and high-tech nation state.

Mercenaries are the target of moral condemnation far more often than they are subject of moral concern. One attempt at morally condemning mercenaries proceeds by analogy with prostitutes; mercenaries are ?the whores of war?. This analogy is unconvincing as a way of condemning mercenaries. However, careful comparison of mercenarism and prostitution suggests that, like many prostitutes, some mercenaries may be vulnerable individuals. If apt, this comparison imposes a consistency requirement: if one thinks certain prostitutes are appropriate subjects of moral concern (...) in light of their vulnerability, then one must think that mercenaries who are likewise vulnerable are also appropriate subjects of moral concern. In this paper I elucidate the relevant, morally significant sense of ?vulnerability?, and present evidence suggesting that at least some mercenaries are vulnerable in this sense. (shrink)

In this essay I argue that Ridley Scott's first feature film, The Duelists, which is an adaptation of a Joseph Conrad novella, contains his deepest meditation on honor in his entire career. The film may be said to answer the following question about honor: is being bound to do something by honor, when it is contrary to one's self-interest, a good thing, or a bad thing? It may be said to give the answer that it may be either good or (...) bad. It is bad that D'Hubert is bound by honor to duel with Feraud; it is good that, in the end, Feraud is bound by honor to cease dueling with D'Hubert. In this way, Kant was correct that "the inclination to honor" may light "upon that which is in fact in the common interest and in conformity with duty," or it may light upon what is contrary to duty. (shrink)

In this chapter I argue that Machiavelli does not hold that all deception is permissible in war. While Machiavelli claims that "deceit... in the conduct of war is laudable and honorable," he insists that such deceit, or ruses of war, is not to be confounded with perfidy. Any Lee's U.S. Civil War film, "Ride With the Devil," illustrates this difference. The film also illustrates the difference between lying as part of romance, which is permitted, and lying at the moment of (...) truth in a relationship, when admitting one's feelings, which is not. (shrink)

This paper explores the central question of why soldiers in democratic societies might decide to fight in wars that they may have reason to believe are objectively or questionably unjust. First, I provide a framework for understanding the dilemma caused by an unjust war and a soldier's competing moral obligations; namely, the obligations to self and state. Next, I address a few traditional key thoughts concerning soldiers and jus ad bellum. This is followed by an exploration of the unique and (...) contradicting moral problems that confront modern soldiers and their officers. I argue that although traditional positions such as invincible ignorance provide a rather dangerous ‘head-in-the-sand’ mentality, soldiers serving a democratic government are nonetheless very limited in their legal and moral ability to interpret what is a justifiable war. However, a very few select senior officers are in positions to make such legal and moral decisions concerning jus ad bellum. (shrink)

Military doctors and nurses, employees with a compound professional identity as they are neither purely soldiers nor simply doctors or nurses, face a role conflict between the clinical professional duties to a patient and obligations, express or implied, real or perceived, to the interests of a third party such as an employer, an insurer, the state, or in this context, military command (London et al. 2006). In the context of military medical ethics this is commonly called dual loyalty (or, less (...) commonly, mixed agency). Although other professionals in the military, for instance counsellors or lawyers, might experience similar problems of dual loyalties, it seems that the dual loyalties experienced by military medical personnel are particularly testing. (shrink)

Military doctors and nurses, working neither as pure soldiers nor as merely doctors or nurses, may face a ‘role conflict between the clinical professional duties to a patient and obligations, express or implied, real or perceived, to the interests of a third party such as an employer, an insurer, the state, or in this context, military command’. This conflict is commonly called dual loyalty. This chapter gives an overview of the military and the medical ethic and of the resulting dual (...) loyalty problem for medical personnel working in the military. It considers how dual loyalties relate to being a professional, something medical personnel are the paradigmatic examples of, but also something military personnel claim to be. Against that background, the chapter elaborates on the medical rules of eligibility used in Afghanistan, and on the policies concerning military involvement in local healthcare, to see what the existing rules and policies are, and whose interests they serve. (shrink)