According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Though it is legally permissible to kill combatants in war,unless they are rendered hors de combat,the existence of Naked Soldiers raises an important moral question: should combatants kill vulnerable enemy combatants or show mercy towards them? Most philosophers who address this question argue that it is morally permissible to kill the Naked Soldier given the extended notion of self-defense during war. They ground their arguments in a form of collectivism. In this essay, I use Larry May’s argument. He offers an (...) approach that extends the principle of discrimination that would also apply to combatants. Instead of assuming all combatants are de facto dangerous,this approach would allow for nuance in targeting the enemy and showing mercy when enemy combatants clearly pose no danger, in other words, when they are Naked Soldiers. I defend this view against two criticisms: Noam Zohar’s view of armies as complex collectives and Stephen Deakin’s view that a policy that spares Naked Soldiers would be open to abuse. I argue that it is not only morally suspect to kill Naked Soldiers, but also it is within the spirit of both international laws governing war and the just war tradition to offer mercy whenever possible. (shrink)

War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) between different states, like the two World Wars. But just as frequent is war within a state between rival groups or communities, like the American Civil War. Certain political pressure groups, like terrorist organizations, might also be considered “political communities,” in that they are associations of people with a political purpose and, indeed, many of them aspire to statehood or to influence the development of statehood in certain lands. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

Are field medics morally permitted to treat unjust combatants? I distinguish between two kinds of enemy combatants: reactivated ones who will rejoin the fight, and deactivated ones who will not rejoin the fight. Helen Frowe has argued that field medics are not permitted to treat reactivated combatants but is silent about deactivated ones. First, I argue that Frowe’s account plausibly extends to a moral prohibition on treating deactivated combatants in addition to reactivated ones. Second, I argue that the best argument (...) for treating deactivated enemy soldiers extends also to reactivated ones but holds only for groups, which undermines Frowe’s general position. I thus defend the mainstream view, enshrined in the Geneva Convention, that the treatment of deactivated unjust combatants (and maybe, in some cases, reactivated unjust combatants) by partisan or nonpartisan field medics is often all-things-considered morally obligatory. -/- . (shrink)

Revisionist approaches to the ethics of war seem to imply that civilians on the unjust side of a conflict can be legitimate targets of defensive attack. In response, some authors have argued that although civilians do often causally contribute to unjustified global threats – by voting for war, writing propaganda articles, or manufacturing munitions, for example – their contributions are usually too ‘small’, or ‘remote’, to make them liable to be intentionally killed to avert the threat. What defenders of this (...) view lack, however, is a theory of causal contribution. This article sketches and defends a theory of causal contribution. We then apply it to the kinds of situation that defenders of the view are interested in. We argue, however, that since degrees of causal contribution turn out to be sensitive to particular features of the situation that are extrinsic to the agent's action, whether an agent makes a small or a large contribution to a threat may not only be very difficult to discern but in many cases may not line up very well with the kinds of intuition about liability that defenders of the view want to uphold. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

Rights-based approaches and consequentialist approaches to ethics are often seen as being diametrically opposed to one another. In one sense, they are. In another sense, however, they can be reconciled: a ‘global’ form of consequentialism might supply consequentialist foundations for a derivative morality that is non-consequentialist, and perhaps rights-based, in content. By way of case study to illustrate how this might work, I survey what a global consequentialist should think about a recent dispute between Jeff McMahan and Henry Shue on (...) the morality and laws of war. (shrink)

I argue that, if drones make waging war easier, the reason why they do so may not be the one commonly assumed within the philosophical debate – namely the promised reduction in casualties on either side – but a more complicated one which has little to do with concern for one’s own soldiers or, for that matter, the enemy; and a lot more to do with the political intricacies of international relations and domestic politics; I use the example of the (...) Obama Administration’s drone policies to illustrate this argument. My point is meant to have wider methodological significance: philosophy can make an important contribution to this and related applied debates; but it is not by artificially – and optimistically – simplifying realities on the ground that philosophers can be of help. (shrink)

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

ABSTRACTThe aim of this paper is to draw attention to an issue which has been largely overlooked in contemporary just war theory – namely the impact that the conditions under which an army is assembled are liable to have on the judgments that are made with respect to traditional principles of jus ad bellum and jus in bello. I argue that the way in which an army is assembled can significantly alter judgments regarding the justice of a war. In doing (...) so, I present and defend a principle of ‘just assembly’ and argue that satisfying this principle is an essential part of any deliberation regarding the justice of a particular conflict. (shrink)

The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...) lethally targeted. Thus, the principle of noncombatant immunity is mistaken as a moral (though not necessarily as a legal) doctrine, not just because some civilians contribute substantially, but because some unjustly enriched civilians culpably fail to discharge their restitutionary duties to those whose victimization made the unjust enrichment possible. Consequently, the moral criterion for lethal liability in war is even broader than reductive individualists have argued. (shrink)

Killing civilians is worse than killing soldiers. If any moral principle commands near universal assent, this one does. Few moral principles have been more widely and more viscerally affirmed. And yet, in recent years it has faced a rising tide of dissent. Political and military leaders seeking to slip the constraints of the laws of war have cavilled and qualified. Their complaints have been unwittingly aided by philosophers who, rebuilding just war theory from its foundations, have concluded that this principle (...) is at best a useful fiction. Sparing Civilians aims to turn this tide, and to vindicate international law, and the ruptured consensus. In doing so, Seth Lazar develops new insights into the morality of harm, relevant to everyone interested in normative and applied ethics. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of terror bombing and strategic bombing which dominates this debate is underdetermined with regards to the agents’ psychologies: (a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double (...) Effect that explains the moral difference; (b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

this paper advances a novel account of part of what justifies killing in war, grounded in the duties we owe to our loved ones to protect them from the severe harms with which war threatens them. It discusses the foundations of associative duties, then identifies the sorts of relationships, and the specific duties that they ground, which can be relevant to the ethics of war. It explains how those associa- tive duties can justify killing in theory—in particular how they can (...) justify overrid- ing the rights to life of some of those who must be killed to win a war. It then shows how these duties can be operationalised in practice: first, showing how soldiers who fight on behalf of their community can act on reasons that apply to the members of that community; second, showing that the argument from associative duties does not prove too much—in particular, that it does not license the intentional killing of noncombatants in war. (shrink)

In his recent book Killing in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but (...) nevertheless interesting, issue of what the military call killings or, as I refer to such acts here, internecine war killings. I focus on the case of the soldier who is ordered by his officer, at gunpoint, to go into action or to kill innocent civilians, and who kills his officer in self-defence. I argue that, at the bar of McMahan's account of the right to kill in self-defence, the officer lacks a justification for attacking the soldier as a means of enforcing his order, and the soldier thus sometimes (but not always) has the right to kill his officer should the latter so act. (shrink)

Recent work in the ethics of war has done much to challenge the collectivism of the convention-based, Walzerian just war theory. In doing so, it raises the question of when it is permissible for soldiers to resort to force. This article considers this issue and, in doing so, argues that the rejection of collectivism in just war should go further still. More specifically, it defends the ‘Individual-Centric Approach’ to the deep morality of war, which asserts that the justifiability of an (...) individual’s contribution to the war, rather than the justifiability of the war more generally, determines the moral acceptability of their participation. It then goes on to present five implications of the Individual-Centric Approach, including for individual liability to attack in war. (shrink)

Over the past 20 years, there has been a huge amount of work on which things you can kill in self‐defense and why. This paper surveys that work.

Combatants who attempt to obey the laws of war often have to take considerable risks in order to effectively discriminate between legitimate and illegitimate targets. Sometimes this task is made even more complicated by systemic factors which influence their ability to discriminate effectively without unduly risking their lives or the mission. If they fail to do so, civilians often pay the price. In this paper, I argue that to the extent that non-combatants benefit from the attempt to fight justly, and (...) to the extent that wars in which combatants attempt to fight justly can be understood as a system of social cooperation which produces both burdens and benefits, non-combatants have a responsibility to shoulder their fair share of these burdens. Thus, if combatants (and by extension enemy non-combatants) are disproportionately burdened in a conflict, non-combatants ought to take on some costs, for instance in order to reduce the strain imposed on combatants by systemic factors such as the availability and distribution of resources. (shrink)

A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to self-defend against harm (...) by threatening to violate another person’s rights. But provocateurs forfeit their defensive rights because they bring about the situation in which defence becomes necessary. As I argue here, positing these two types of forfeiture justifications is neither desirable nor necessary. I suggest a unified rights forfeiture account that grounds rights forfeiture in moral responsibility for an unjust threat. My account offers clearer distinctions than alternative unified accounts, which I briefly discuss. Furthermore, the account can provide better explanations of intuitively plausible judgements. A provocateur will have less extensive defensive rights than an innocent victim, but will not lose all her defensive rights simply because ‘she started it.’. (shrink)

Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against (...) an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war. (shrink)

Recent debates in just war theory have been concerned with the status of combatants during war. Unfortunately, however, the debate has, up to now, focused on self-defensive wars. The present article changes the focus slightly by exploring the status of combatants during military humanitarian intervention (MHI). It begins by arguing that MHI poses a number of challenges to our thinking about the status of combatants. To solve these it draws on Jeff McMahan's theory of combatant liability. On this basis, the (...) article contends that, first, combatants engaged in atrocities lack the same set of rights and liberties held by intervening combatants. Second, and more controversially, drawing on McMahan's theory as well as the notion of complicity, it suggests that the same applies to those combatants who do not perpetrate atrocities but are merely ordered to defend the target state against the intervening state. (shrink)

In public discourse, activists are often criticized for directing their acts of political resistance against this or that specific target. Underlying these criticisms appears to be a strongly held, though underarticulated, intuitive moral judgment that some targets are legitimate whereas others are not. Little philosophical attention has been paid to this issue. My primary aim is to address this neglect. I specify a central part of this intuitive judgment – centering on persons and activities – and argue that there is (...) a principled way to differentiate between legitimate and illegitimate targets. This specification relies on a novel conception of political resistance, which focuses on its defensive rather than communicative aspect. I then extend the idea of forfeiture to argue that acts of political resistance are correctly directed when they are aimed at those activities of liable persons that cause injustice. My discussion contributes to vindicating our intuitive judgments about several controversial cases of political resistance. (shrink)

Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, in (...) cases where MANE is equally or more likely as termination to reduce moral recidivism in unjust combatants, then MANE is morally justified. Second, the relevant infections and illnesses caused by MANE are less bad than death, so MANE leaves unjust POWs better off than the alternative. Third, just as incarceration is often permissible despite benefitting society but not the incarcerated, the same holds for unjust POWs. Fourth, we should accept a broader construal of “benefit” that includes moral benefits. Thus, 3 and 4 are false when applied to unjust POWs. Fifth, medical experimentation likely to help nonconsenting persons is sometimes permissible. Because MANE is likely to help unjust POWs irrespective of their consent or lack thereof, its use is permissible. Sixth, basic principles of proper medical care support the use of MANE on unjust POWs as pro tanto morally obligatory. I conclude that militaries should therefore begin to employ MANE for unjust POWs. (shrink)

Many important harms result in large part from our collective omissions, such as harms from our omissions to stop climate change and famines. Accounting for responsibility for collective omissions turns out to be particularly challenging. It is hard to see how an individual contributes anything to a collective omission to prevent harm if she couldn’t have made a difference to that harm on her own. Some groups are able to prevent such harms, but it is highly contentious whether groups can (...) be loci of responsibility. This paper takes an existing and plausible framework of moral responsibility—one based on abilities—and scales it up to accommodate responsibility for collective omissions. This centrally involves identifying what the relevant collective abilities are and how they work. One significant benefit of this approach is that we can do this while remaining neutral on the debates about collective agency and collective responsibility by showing how individualist and collectivist versions of the theory work. Finally, I explore several further upshots of the scaled-up ability-based account, including that degrees of responsibility can be cashed out in terms of strengths of the relevant abilities, which has both theoretical and applied implications. (shrink)

Are there ‘degrees of causation’? Yes and no: causation is not a scalar relation, but different causes can contribute to a causing of an effect to different extents. In this paper, I motivate a probabilistic analysis of an event’s degree of contribution to a causing of an effect and explore some of its consequences.

Targeted killings have traditionally been viewed as a dirty tactic, even within war. However, I argue that just combatants actually have a prima facie duty to use targeted strikes against military and political leadership rather than conventional methods of fighting. This is because the leaders of a military engaging in aggression are typically responsible for the wrongful harms they threaten, whereas significant numbers of their solders usually will not be. Conventional warfare imposes significant risks on soldiers who are not liable (...) to be killed, violating their rights. Narrowly targeted strikes frequently provide a less-wrongful alternative. Consequently, there is a prima facie duty to conduct such strikes, and to exercise “due care” if engagement with conventional forces becomes necessary. (shrink)

According to Thomas Pogge, rich people do not simply violate a positive duty of assistance to help the global poor; rather, they violate a negative duty not to harm them. They do so by imposing an unjust global economic structure on poor people. Assuming that these claims are correct, it follows that, ceteris paribus, wars waged by the poor against the rich to resist this imposition are morally equivalent to wars waged in self-defense against military aggression. Hence, if self-defense against (...) military aggression is just, then, ceteris paribus, so are defensive wars against the imposition of economic injustice. While I do not think Pogge’s analysis of the causes of global poverty is correct, I defend these inferences against various challenges. (shrink)

This article argues that the reduction of the morality of killing in war to the morality of killing in self-defense by ‘reductive-individualist’ revisionist just war theories is inconsistent, because when those theories apply the moral notion of self-defense to the morality of killing in war, they do not preserve the two conceptions of the “individual” inherent in this notion. The article demonstrates this inconsistency in two steps: First, it disentangles the two conceptions of the individual inherent to the notion of (...) self-defense, namely (1) that the individual is an “entity” potentially bearing a right to self-defense (unlike, e.g., groups) and (2) that the individual is a “particular,” where “particular” signifies that every human is different from every other human. The conception of the individual as a “particular” is tied to the idea that a justification grounded in a rule of self-defense is necessarily “concrete,” in the sense of referring to individually given and specific perceptions or cases, as opposed to “abstract,” in the sense of being detached from specific perceptions or cases. The article then demonstrates that reductive individualism reflects the first notion of the individual, but not the second. Due to the “loss” of the individual as a “particular”, the reductive-individualist reduction of the morality of killing in war to the morality of killing in self-defense is inconsistent, and hence its justification of killing in war grounded in self-defense is not concrete. Since such a justification must be concrete, reductive individualism cannot offer a justification for belligerent killing. (shrink)

Killing civilians is worse than killing soldiers. Although this principle is widely affirmed, recent military practice and contemporary just war theory have undermined it. This article argues that killing an innocent person is worse the likelier it was, when you acted, that he would be innocent: riskier killings are worse than less risky killings. In war, killing innocent civilians is almost always riskier than killing innocent soldiers. So killing innocent civilians is worse than killing innocent soldiers. Since almost all civilians (...) are innocent in war, and since killing innocent civilians is worse than killing liable soldiers, killing civilians is worse than killing soldiers. (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...) The exclusion of individual responsibility of people involved in a military operation which finds no moral justification seems to entail a number of consequences that put a heavy burden on Walzer’s overall model of military ethics. In order to ensure the necessary level of coherence of just war theory one may need to modify Walzer’s principle of the moral equality of soldiers – at least in relation to the participants of total war. (shrink)

This article suggests that the best available normative framework for guiding conduct in war rests on categories that do not echo the terms of an individual rights-based morality, but acknowledge the impossibility of rendering warfare fully morally justified. Avoiding the undue moralization of conduct in war is an imperative for a normative framework that strives to actually give behavioral guidance to combatants, most of whom will inevitably be ignorant of the moral status of the individuals they encounter on the battlefield (...) and will often be uncertain or mistaken about the justice of their own cause. We identify the requirement of military necessity, applied on the basis of what we refer to as the “St. Petersburg assumption”, as the main principle according to which a combatant should act, regardless of which side or in which battlefield encounter she finds herself. This pragmatic normative framework enjoys moral traction for three reasons: first, in the circumstances of war it protects human life to a certain extent; second, it makes no false claims about the moral justification of individual conduct in combat operations; and, third, it fulfills morally important functions of law. However, the criterion of military necessity interpreted on the basis of the St. Petersburg assumption does not directly replicate fundamental moral prescriptions about the preservation of individual rights. (shrink)

The orthodox account of the morality of war holds that the responsibility for resorting to war rests on the state’s political authorities and the responsibility for how the war is waged rests only on the state’s army and, thus, business firms have no special obligations in wartime. The purpose of this article is to reconsider the ethical responsibilities of business firms in wartime. I defend the claim that a plausible standard of liability in war must integrate the degree of the (...) agent’s contributions to posing an unjust threat, the nature of agent's behavior, and his/her intentions. If these premises are correct, it follows that the moral obligations of civilians and business corporations are fundamentally altered by war. Taking into consideration their relative contributions to the war effort, a taxonomy of business firms is developed. (shrink)

Are the sources of a combatant's knowledge in war morally relevant? This article argues that privacy is relevant to just war theory in that it draws attention to privacy harms associated with the conduct of war. Since we cannot assume that information is made available to combatants in a morally neutral manner, we must therefore interrogate the relationship between privacy harms and the acts that they enable in war. Here, I argue that there is ample evidence that we cannot discount (...) the analysis of privacy harms in war, and that analysis of such harms requires us to examine social goods. I develop this point to demonstrate the problems that this poses for aspects of revisionist just war theory; namely, reductivism and individualism. In order to evaluate the moral consequences of privacy harms in war, we must understand the unilateral and adversarial character of balancing privacy harms against social goods in the context of war, which, in turn, requires that we consider social goods and social institutions as objects of moral evaluation. Further, concepts drawn from privacy scholarship, such as Helen Nissenbaum's concept of contextual integrity, enable us to identify a range of moral problems associated with contemporary war that deserve further attention from just war theorists. (shrink)

Do a threatened state’s obligations of assistance extend to the enemy’s needy people and the needy people in non-hostile countries equally? This paper examines five arguments defending the political boundary between hostile and non-hostile countries. The aid workers, defence capacity, and pre-emptive self-defence arguments highlight the unreasonable burdens for a threatened state to protect its own citizens, as a result of its assistance to the enemy’s needy people, while the limited and comprehensive negative duties arguments underscore a threatened state’s involvement (...) in harmful activities. Unfortunately, these five arguments cannot accomplish the task. Certain arguments (i.e. the aid workers argument and the negative duties approach in general) encounter the insufficiency problem by not completely denying the potential for assisting the enemy’s needy people, while other arguments (i.e. the defence capacity, the limited and comprehensive negative duties, the pre-emptive self-defence arguments) face the over-extension problem by prohibiting assistance to needy people in nonhostile countries. Therefore, when a threatened state provides assistance to needy foreigners, the distinction between hostile and non-hostile countries should not constitute a decisive reason to affect the distribution of its assistance, because it cannot clearly maintain this distinction. (shrink)

Combatants who attempt to obey the laws of war often have to take considerable risks in order to effectively discriminate between legitimate and illegitimate targets. Sometimes this task is made even more complicated by systemic factors which influence their ability to discriminate effectively without unduly risking their lives or the mission. If they fail to do so, civilians often pay the price. In this paper, I argue that to the extent that non-combatants benefit from the attempt to fight justly, and (...) to the extent that wars in which combatants attempt to fight justly can be understood as a system of social cooperation which produces both burdens and benefits, non-combatants have a responsibility to shoulder their fair share of these burdens. Thus, if combatants (and by extension enemy non-combatants) are disproportionately burdened in a conflict, non-combatants ought to take on some costs, for instance in order to reduce the strain imposed on combatants by systemic factors such as the availability and distribution of resources. (shrink)