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  1. added 2018-07-03
    Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict.Duncan MacIntosh - manuscript
    This paper argues that culture itself can be a weapon against the disentitled within cultures, and against members of other cultures; and when cultures are unjust and hegemonic, the theft of and destruction of elements of their culture can be a justifiable weapon of self-defense by the oppressed. This means that in at least some conflicts, those that are really insurgencies against oppression, such theft and destruction should not be seen as war crimes, but as legitimate military maneuvers. The paper (...)
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  2. added 2018-03-05
    Polityka namierzania i zabijania: aspekty etyczne i prawne.Tomasz Żuradzki - 2014 - In Maciej Marszałek & Waldemar Kitler (eds.), Bezpieczeństwo narodowe i międzynarodowe wobec wyzwań współczesnego świata. Warszawa: Akademia Obrony Narodowej. pp. 509-522.
    Celem artykułu jest analiza prawnych i etycznych sposobów uzasadnienia dopuszczalności stosowania polityki namierzania i zabijania. Pojawiły się próby usprawiedliwienia tego typu działań poprzez odwołanie do egzekwowania prawa, reguł rządzących konfliktami zbrojnymi, sprawiedliwej odpłaty, prawa do obrony własnej. W artykule dokonuję analizy tych sposobów usprawiedliwiania polityki namierzania i zabijania, a następnie rozważam, które z nich faktycznie mogą uzasadniać tego typu politykę. Rozważania prowadzę w świetle głównej hipotezy projektu badawczego, który obecnie prowadzę, zakładającej, że normy regulujące dopuszczalność i sposoby toczenia konfliktów zbrojnych (...)
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  3. added 2017-04-13
    Putting the War Back in Just War Theory: A Critique of Examples.Rigstad Mark - 2017 - Ethical Perspectives 24 (1):123-144.
    Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...)
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  4. added 2017-02-20
    Risks and Robots – Some Ethical Issues.Peter Olsthoorn & Lambèr Royakkers - 2011 - Archive International Society for Military Ethics, 2011.
    While in many countries the use of unmanned systems is still in its infancy, other countries, most notably the US and Israel, are much ahead. Most of the systems in operation today are unarmed and are mainly used for reconnaissance and clearing improvised explosive devices. But over the last years the deployment of armed military robots is also on the increase, especially in the air. This might make unethical behavior less likely to happen, seeing that unmanned systems are immune to (...)
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  5. added 2016-06-17
    Eine Theorie Nationaler Versöhnung: Einsichten Aus Afrika.Thaddeus Metz - 2016 - Polylog: Forum for Intercultural Philosophy 34 (Supp):219-244.
    German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).
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  6. added 2016-05-14
    Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  7. added 2015-11-07
    Autonomous Killer Robots Are Probably Good News.Vincent C. Müller - 2016 - In Ezio Di Nucci & Filippo Santonio de Sio (eds.), Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. Ashgate. pp. 67-81.
    Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...)
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  8. added 2015-11-07
    Just War and Robots’ Killings.Thomas W. Simpson & Vincent C. Müller - 2016 - Philosophical Quarterly 66 (263):302-22.
    May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...)
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  9. added 2015-11-06
    Killer Robots: Regulate, Don’T Ban.Vincent C. Müller & Thomas W. Simpson - 2014 - In University of Oxford, Blavatnik School of Government Policy Memo. Blavatnik School of Government. pp. 1-4.
    Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the opposite. LAWS (...)
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  10. added 2015-05-05
    What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator.Miss Jill Louise Starr - 2001
    What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...)
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  11. added 2014-04-02
    Uniform Exceptions and Rights Violations.Yvonne Chiu - 2010 - Social Theory and Practice 36 (1):44-77.
    Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...)
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  12. added 2014-03-29
    Military Ethics and Virtues: An Interdisciplinary Approach for the 21st Century.Peter Olsthoorn - 2010 - Routledge.
    This book examines the role of military virtues in today's armed forces. -/- Although long-established military virtues, such as honor, courage and loyalty, are what most armed forces today still use as guiding principles in an effort to enhance the moral behavior of soldiers, much depends on whether the military virtues adhered to by these militaries suit a particular mission or military operation. Clearly, the beneficiaries of these military virtues are the soldiers themselves, fellow-soldiers, and military organizations, yet there is (...)
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  13. added 2014-03-18
    Honor and the Military.Peter Olsthoorn - 2006 - International Journal of Applied Philosophy 20 (1):159-172.
    This article deals with the notion of honor and its role in today’s military as an incentive in combat, but also as a check on the behavior on both the battlefield and in modern “operations other than war.” First, an outline will be given of what honor is and how it relates to traditional views on military courage. After that, the Roman honor-ethic, stating that honor is a necessary incentive for courageous behavior and that it is something worth dying for, (...)
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  14. added 2014-03-15
    Honor War Theory: Romance or Reality?Dan Demetriou - 2013 - Philosophical Papers 42 (3):285 - 313.
    Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...)
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  15. added 2014-03-04
    Liberal Lustration.Yvonne Chiu - 2011 - Journal of Political Philosophy 19 (4):440-464.
    After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...)
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  16. added 2014-02-24
    The Values of Political Reconciliation. [REVIEW]Alice MacLachlan - 2012 - Transnational Legal Theory 3 (1):95-100.
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  17. added 2014-01-06
    Virtue Ethics in the Military.Peter Olsthoorn - 2014 - In Stan van Hooft (ed.), The Handbook of Virtue Ethics. Acumen Publishing. pp. 365-374.
    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 (...)
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  18. added 2013-10-08
    ‘Comfort Women’ and Japan’s National Responsibility.Ranjoo Seodu Herr - 2013 - In Jun-Hyeok Kwak & Melissa Nobles (eds.), Historical Reconciliation and Inherited Responsibility. Routledge. pp. 1--145.
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  19. added 2013-09-10
    ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  20. added 2012-11-27
    The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge. pp. 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  21. added 2012-11-27
    Scepticism About Jus Post Bellum.Seth Lazar - 2012 - In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press.
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...)
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  22. added 2012-10-25
    Collateral Damage and the Principle of Due Care.Anne Schwenkenbecher - 2014 - Journal of Military Ethics 13 (1):94-105.
    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 (...)
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  23. added 2012-10-10
    What's A Just War Theorist?Aleksandar Jokic - 2012 - Journal of Theoretical and Philosophical Criminology 4 (2):91-114.
    The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war (...)
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