The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

Proportionality has long been considered a pillar of just war theory, requiring that the goods achieved in an action outweigh the collateral harms it causes. In this article, I argue that the in bello principle of proportionality cannot serve its intended function of limiting the destructiveness of actions during war. I illustrate the features of war that make the in bello proportionality constraint not merely impossible to follow, but perhaps even self-defeating. I conclude by suggesting ways in which theorists and (...) policymakers concerned with justice in war might attempt to respond to this dilemma. (shrink)

This paper offers a justification of the principle of military proportionality that is based in considerations of self-interest. By offering such a justification, I hope to vindicate the principle on the basis of the least controversial argument available. The war between Israel and Hezbollah in the summer of 2006 is used as a case study. Part 1 surveys recent work on military proportionality and suggests that the importance of this principle has increased in the age of asymmetrical warfare. Part 2 (...) considers and rejects the traditional realist concerns about proportionality. Part 3 offers a realist rationale for adhering to the principle. (shrink)