Feminist critiques of intention challenge some aspects of traditional just war reasoning, including the criteria of right intention and discrimination. I take note of these challenges and propose some directions just war reasoners might take in response. First, right intention can be evaluated more accurately by judging what actors in war actually do than by attempting to uncover inward dispositions. Assessing whether agents in war have taken due care to minimize foreseeable collateral damage, avoided intentional targeting of noncombatants, corrected previous (...) mistakes in their later actions, and taken responsibility to repair unintended damage they cause are examples of ways in which just war reasoners can evaluate intention by looking at actions. (shrink)

Drawing on resources from pragmatist thought allows religious ethicists to take account of the central role traditions play in the formation and development of moral concepts without thereby espousing moral relativism or becoming traditionalists. After giving an account of this understanding of the concept of tradition, I examine the ways in which understandings of tradition play out in two contemporary examples of tradition-based ethics: works in comparative ethics of war by James Turner Johnson and John Kelsay. I argue that a (...) pragmatist approach to tradition-based ethics allows for a nuanced and flexible understanding of moral traditions, and one that holds great promise for international consensus-building around shared ethical norms for the use of armed force. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

This paper explores the relevance of Kant's categorical imperative to military ethics and the solution it suggests for improving the treatment of women in the military. The second formulation of the categorical imperative makes universal respect for humanity a moral requirement by asserting that one must always treat other people as means in themselves and never as merely means to an end. This principle is a promising guide for military ethics and can be reconciled with the acts of violence required (...) by war. This paper argues that it can also regulate soldiers? relations to each other and that it may contribute to reorienting military culture in a way that overcomes the biases against female military personnel. (shrink)

Recent years have seen a revival of interest in Michael Walzer's doctrine of ‘supreme emergency’. Simply put, the doctrine holds that, when a state confronts an opponent who threatens annihilation, it can be morally legitimate to violate one of the cardinal rules of the war convention – the principle of non-combatant immunity. Walzer cites the case of Britain's decision to bomb German cities in 1940 as a case in point. Although the theory of supreme emergency has been scrutinised, the historical (...) case that Walzer refers to has not been looked at in depth. This article seeks to remedy this problem by asking whether the principle actors involved in the decision to bomb German cities understood themselves to be in a supreme emergency. It argues that the British leadership never openly admitted that they were in fact targeting German civilians, and that the principle reason for this was a widespread belief that the British and American publics would not support such a campaign. As a result, throughout the war, the British government publicly maintained the fiction that the devastation of German cities was a collateral product of attacks on its industrial infrastructure. This, in turn, suggests that liberal societies – even those facing imminent destruction – do not tend to support a relaxing of the rules of non-combatant immunity, suggesting that the prohibition on deliberately killing non-combatants may be more embedded than has hitherto been thought. (shrink)

This article explores the uses of tragedy as a mode of analysis in international relations. In tragic analyses, actors are portrayed as acting ethically, but through their deeds they bring about consequences that are contrary to the values in the name of which the deeds were undertaken. The good deeds bring about ethically obnoxious consequences. The article demonstrates how tragic analyses can be made of the actions of collective actors such as states and nations. Examples from Rhodesia, South Africa and (...) the Balkans are used to demonstrate this. Tragic stories elicit sympathy for the protagonists. Such accounts are compared with rival accounts of the same acts, in terms of `just war theory', for example, which accounts do not generate sympathy but call forth emotions of outrage and condemnation. Finally, a case is made for the use of the tragic form of analysis in international affairs. Such analyses highlight the tensions and contradictions between rival social practices and point the way towards political transformations that will make a repetition of those cases of tragedy less likely in future. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign equality (...) is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

Current precursors in the development of lethal, autonomous systems (LAS) point to the use of biometric devices for assessing, identifying, and verifying targets. The inclusion of biometric devices entails the use of a probabilistic matching program that requires the deliberate targeting of noncombatants as a statistically necessary function of the system. While the tactical employment of the LAS may be justified on the grounds that the deliberate killing of a smaller number of noncombatants is better than the accidental killing of (...) a larger number, it may nonetheless contravene a reemerging conception of right intention. Originally framed by Augustine of Hippo, this lesser-known formulation has served as the foundation for chivalric code, canon law, jus in bello criteria, and the law of armed conflict. Thus it serves as a viable measure to determine whether the use of lethal autonomy would accord with these other laws and principles. Specifically, examinations of the LAS through the lenses of collateral damage, the principle of double effect, and the principle of proportionality, reveal the need for more attention to be paid to the moral issues now, so that the promise of this emerging technology—that it will perform better than human beings—might actually come to pass. (shrink)

In this dissertation I argue that Thomas Aquinas’s understanding of human nature, of human flourishing and of virtue can fill the gap, identified by Elizabeth Anscombe in 1958, between Aristotle’s account of the virtuous life and contemporary sceptical moral philosophy, which is variously described as subjectivism, consequentialism, emotivism, and sophistry. Furthermore, I argue that a Thomist account of the practicably lived virtuous life is both relevant and applicable to officers and soldiers serving in the British Army of today, because it (...) offers a complete account of the human moral life, as opposed to the consequentialist, emotivist and deontological approaches to ethical judgement and reasoning currently prevalent in Western societies, which inform the worldview of both officers and soldiers. These approaches, however, offer only partial accounts of ethics based on impoverished understandings of human nature and, thus, inevitably have a detrimental effect on both the articulation of British military doctrine and on the actual moral conduct of officers and soldiers. I further argue, therefore, that the British Army needs to consciously return to the traditional Western approach to moral education based on the idea of the deliberate formation of virtuous character, which is very different from contemporary Western educational approaches, but which will better prepare British Army officers and soldiers for “the violent school of war”, as Thucydides calls it. (shrink)