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The Ethics of Killing in War

Philosophia 34 (1):23-41 (2006)

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  1. On the moral equality of combatants.Jeff McMahan - 2006 - Journal of Political Philosophy 14 (4):377–393.
    THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than we should (...)
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  • On following orders in an unjust war.David Estlund - 2007 - Journal of Political Philosophy 15 (2):213–234.
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  • Seven military classics : martial victory through good governance.Yvonne Chiu - 2024 - In Sumner B. Twiss, Bingxiang Luo & Benedict S. B. Chan (eds.), Warfare ethics in comparative perspective: China and the West. New York, NY: Routledge, Taylor & Francis Group. pp. 91-112.
    Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that weaves together military strategy (...)
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  • Costly authority and transferred responsibility.Yitzhak Benbaji - 2021 - Philosophical Studies 178 (11):3579-3595.
    Revisionist just war theorists maintain that, soldiers, and not merely their leaders or superiors, bear moral responsibility for objectively wrongful harms imposed in pursuit of an unjust war. The conviction that underlies revisionism is that a person's responsibility for her intentional, objectively unjustified, killing is non-transferable. In this essay I aim to elaborate a specific counterexample to this general claim. I will argue that in cases that I characterize as "special authority cases", the moral responsibility for the unintended outcomes that (...)
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  • Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants.Scott D. Sagan & Benjamin A. Valentino - 2019 - Ethics and International Affairs 33 (4):411-444.
    Traditional just war doctrine holds that political leaders are morally responsible for the decision to initiate war, while individual soldiers should be judged solely by their conduct in war. According to this view, soldiers fighting in an unjust war of aggression and soldiers on the opposing side seeking to defend their country are morally equal as long as each obeys the rules of combat. Revisionist scholars, however, maintain that soldiers who fight for an unjust cause bear at least some responsibility (...)
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  • Defeating Ignorance – Ius ad Bellum Heuristics for Modern Professional Soldiers.Maciej Marek Zając - 2018 - Diametros 62 (62):1-17.
    Just War Theory debates discussing the principle of the Moral Equality of Combatants involve the notion of Invincible Ignorance; the claim that warfi ghters are morally excused for participating in an unjust war because of their epistemic limitations. Conditions of military deployment may indeed lead to genuinely insurmountable epistemic limitations. In other cases, these may be overcome. This paper provides a preliminary sketch of heuristics designed to allow a combatant to judge whether or not his war is just. It delineates (...)
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  • 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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  • Just War Theory, Legitimate Authority, and Irregular Belligerency.Jonathan Parry - 2015 - Philosophia 43 (1):175-196.
    Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...)
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  • (1 other version)Just War and Non-Combatants in the Private Military Industry.Paul Richard Daniels - 2015 - Journal of Military Ethics 14 (2):146-161.
    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 (...)
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  • Tradition, Authority, and Immanent Critique in Comparative Ethics.Rosemary B. Kellison - 2014 - Journal of Religious Ethics 42 (4):713-741.
    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 (...)
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  • Associative Duties and the Ethics of Killing in War.Seth Lazar - 2013 - Journal of Practical Ethics 1 (1):3-48.
    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 (...)
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  • Fabre’s Crusade for Justice: Why We Should Not Join. [REVIEW]Daniel Statman - 2014 - Law and Philosophy 33 (3):337-360.
    Cosmopolitan War is characterized by a tension between moral demandingness and moral permissiveness. On the one hand, Fabre is strongly committed to the value of each and all human beings as precious individuals whose value does not depend on their national or other affiliation. This commitment leads to serious constraints on what may be done to others in both individual and national self-defense. Yet the book is also unambiguously permissive. It opens the gate to far more wars than traditional just (...)
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  • Law and Morality at War.Adil Ahmad Haque - 2014 - Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  • Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    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 (...)
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  • When Is It Right to Fight? Just War Theory and the Individual-Centric Approach.James Pattison - 2013 - Ethical Theory and Moral Practice 16 (1):35-54.
    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 (...)
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  • The Permissibility of Aiding and Abetting Unjust Wars.Saba Bazargan - 2011 - Journal of Moral Philosophy 8 (4):513-529.
    Common sense suggests that if a war is unjust, then there is a strong moral reason not to contribute to it. I argue that this presumption is mistaken. It can be permissible to contribute to an unjust war because, in general, whether it is permissible to perform an act often depends on the alternatives available to the actor. The relevant alternatives available to a government waging a war differ systematically from the relevant alternatives available to individuals in a position to (...)
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  • Can Wars Be Fought Justly? The Necessity Condition Put to the Test.Daniel Statman - 2011 - Journal of Moral Philosophy 8 (3):435-451.
    According to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result is to (...)
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  • On disproportionate force and fighting in vain.Gerhard Øverland - 2011 - Canadian Journal of Philosophy 41 (2):235-261.
    Two conditions guiding permissible use of force in self-defence are proportionality and success. According to the proportionality condition the means used to prevent an attack can be permissible only if they are proportional to the interest at stake.1 According to the success condition, otherwise impermissible acts can be justified under the right to self-defence only if they are likely to succeed in preventing the perceived threat.2 These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill culpable (...)
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  • The responsibility dilemma for killing in war: A review essay.Seth Lazar - 2010 - Philosophy and Public Affairs 38 (2):180-213.
    Killing in War presents the Moral Equality of Combatants with serious, and in my view insurmountable problems. Absent some novel defense, this thesis is now very difficult to sustain. But this success is counterbalanced by the strikingly revisionist implications of McMahan’s account of the underlying morality of killing in war, which forces us into one of two unattractive positions, contingent pacifism, or near-total war. In this article, I have argued that his efforts to mitigate these controversial implications fail. The reader (...)
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  • Civilian immunity in war • by Igor Primoratz, ed.Helen Frowe - 2009 - Analysis 69 (2):394-395.
    This collection of essays is presented as offering the first real philosophical and legal treatment of the Principle of Non-Combatant Immunity . Primoratz's own essay serves as a useful summary of some of the most influential attempts to rule in all, but only, combatants as legitimate military targets. However, this will feel like very familiar territory to those already working in Just War Theory, as will Uwe Steinhoff's essay, which surveys the same positions . Several of the essays are expositional (...)
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  • Jus Ad Bellum after 9/11: A State of the Art Report.Mark Rigstad - 2007 - International Political Theory Beacon.
    An examination of the applicability of conventional and revisionist just war principles to the global war on terror.
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  • Reconnoitering Combatant Moral Equality.Roger Wertheimer - 2007 - Journal of Military Ethics 6 (1):60-74.
    Contra Michael Walzer and Jeff McMahan, neither classical just war theory nor the contemporary rules of war require or support any notion of combatant moral equality. Nations rightly accept prohibitions against punishing enemy combatants without recognizing any legal or moral right of aggressors to kill. The notion of combatant moral equality has real import only in our interpersonal -- and intrapersonal -- attitudes, since the notion effectively preempts any ground for conscientious objection. Walzer is criticized for over-emphasizing our collective responses (...)
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  • Is Terrorism Morally Distinctive?Samuel Scheffler - 2006 - Journal of Political Philosophy 14 (1):1-17.
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  • Morals and Ethics in Counterterrorism.Marco Marsili - 2023 - Conatus 8 (2):373-398.
    Political leaders, philosophers, sociologists, historians, political scientists, law scholars and economists approach terrorism in diverse ways, especially its definition. Politicians assign the meaning to the term terrorism that best suits them. Political scientists analyze the actions of those in the geopolitical framework. Moral philosophers look at terrorism from the viewpoint of fairness. Historians make a comparative assessment of the phenomenon through its evolution over time, and scholars of law simply dissect counterterrorism measures and assess their consistency with customs and current (...)
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  • Security Institutions, Use of Force and the State: A Moral Framework.Shannon Ford - 2016 - Dissertation, Australian National University
    This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...)
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  • Distributing Death in Humanitarian Interventions.Lars Christie - 2017 - In Ryan Jenkins & Bradley Strawser (eds.), Who Should Die? The Ethics of Killing in War. New York: Oxford University Press.
    Armed military interventions often inflict large amounts of collateral harm on innocent civilians. Ought intervening soldiers, when possible, to direct collateral harm to one innocent population group rather than the other? Recently several authors have proposed that expected beneficiaries of a military intervention ought to carry greater risk of collateral harm than neutral bystanders who are not subject to the threat the military forces are intervening to avert. According to this view, intervening soldiers ought to reduce the risk of collateral (...)
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  • Against Moral Taint.Yitzhak Benbaji & Daniel Statman - 2020 - Ethical Theory and Moral Practice 24 (1):5-18.
    One motivation for adopting a justice-based view of the right to self-defense is that it seems to solve the puzzle of how a victim may kill her attacker even when doing so is not predicted to protect her from the threat imposed upon her. The paper shows (a) that this view leads to unacceptable results and (b) that its solution to cases of futile self-defense is unsatisfactory. This failure makes the interest-based theory of self-defense look more attractive, both in the (...)
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  • Jus Interruptus Bellum: The Ethics of Truce-Making.Thaddeus Metz - 2017 - Journal of Global Ethics 13 (1):6-13.
    With his new book, A Theory of Truces, Nir Eisikovits has succeed in producing the most comprehensive and insightful book to exist on the nature and morality of truces during international military conflict. In it he plausibly argues that thought about such conflict should avoid binary terms such as long-lasting peace and all-out war, and instead must readily acknowledge conditions “in between” them, such as cease-fires and agreements to limit belligerence to certain times. In this critical notice of Eisikovits’ book, (...)
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  • Terrorism, War, and The Killing of the Innocent.Troy Jollimore - 2007 - Ethical Theory and Moral Practice 10 (4):353-372.
    Commonsense moral thought holds that what makes terrorism particularly abhorrent is the fact that it tends to be directed toward innocent victims. Yet contemporary philosophers tend to doubt that the concept of innocence plays any significant role here, and to deny that prohibitions against targeting noncombatants can be justified through appeal to their moral innocence. I argue, however, that the arguments used to support these doubts are ultimately unsuccessful. Indeed, the philosophical positions in question tend to misunderstand the justification of (...)
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  • Institutionalizing the Just War.Allen Buchanan - 2005 - Philosophy and Public Affairs 34 (1):2-38.
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  • Preventive Environmental Wars.Adam Betz - 2019 - Journal of Military Ethics 18 (3):223-247.
    ABSTRACTThis article argues that there is a just cause for war to prevent the future hazards of anthropogenic climate change even if, because of what is known as the Non-Identity Problem, that caus...
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  • Truce thinking and just war theory.Keith Breen - 2017 - Journal of Global Ethics 13 (1):14-27.
    In his book, A Theory of Truces, Nir Eisikovits offers a perceptive and timely ethics of truces based on the claim that we need to reject the ‘false dichotomy between the ideas of war and peace’ underpinning much current thought about conflict and conflict resolution. In this article, I concur that truces and ‘truce thinking’ should be a focus of concern for any political theory wishing to address the realities of war. However, Eisikovits’s account, to be convincing, requires engagement with (...)
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  • The Ethics of Humanitarian Intervention in Libya.James Pattison - 2011 - Ethics and International Affairs 25 (3):271-277.
    The moral permissibility of the intervention in Libya largely turns on two fairly tricky assessments: whether the situation was sufficiently serious at the time the intervention was launched and what the predominant purposes of the intervention were.
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  • The Ethics of Arming Rebels.James Pattison - 2015 - Ethics and International Affairs 29 (4):455-471.
    Despite the popularity of arming rebels as a foreign policy option, there is very little, if any, detailed engagement with the ethical issues surrounding the practice. There is a growing literature on the ethical issues surrounding civil wars and, more specifically, the conditions for engaging in just rebellion; but the focus of this literature is largely on the question of the justifiability of the rebels themselves in engaging in civil war and their conduct when doing so, rather than the permissibility (...)
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  • The Logical Structure of Just War Theory.Christopher Toner - 2010 - The Journal of Ethics 14 (2):81-102.
    A survey of just war theory literature reveals the existence of quite different lists of principles. This apparent arbitrariness raises a number of questions: What is the relation between ad bellum and in bello principles? Why are there so many of the former and so few of the latter? What order is there among the various principles? To answer these questions, I first draw on some recent work by Jeff McMahan to show that ad bellum and in bello principles are (...)
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  • The Ethics of War. Part I: Historical Trends1.Endre Begby, Gregory Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):316-327.
    This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Sua´rez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence of Just War theory (...)
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  • Ethics of civilian protection.Shunzo Majima - unknown
    In this thesis, I discuss the ethics of civilian protection in armed conflict from the perspective of applied ethics. Specifically, I attempt to explore a way to supplement the limitations of just war theory in civilian protection by providing a fundamental case for civilian protection, by way of considering insights gleaned from David Hume’s conception of justice, and from the perspective of professional military ethics. Moreover, I will further defend my argument for the protection of civilians in armed conflict by (...)
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  • Digitalization in life science and medicine—the dual-use problem.Jan-Hendrik Heinrichs & Serap Ergin Aslan - 2024 - Ethik in der Medizin 36 (4):531-545.
    Definition of the problem “Dual use” refers to the applicability of a research result or methods for purposes that concern the internal or external security of a society. This includes research that can be used for military, intelligence, terrorist, or criminal purposes. Dual use has been an increasingly aggravating problem for many areas of the life sciences and medicine for over a decade. The main cause for this is that many of their results are capable of demonstrating how humans, but (...)
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  • Civilian Immunity Without the Doctrine of Double Effect.Yitzhak Benbaji & Susanne Burri - 2020 - Utilitas 32 (1):50-69.
    Civilian Immunity (‘Immunity’) is the legal and moral protection that civilians enjoy against the effects of hostilities under the laws of armed conflict and according to the ethics of killing in war. Immunity specifies different permissibility conditions fordirectly targeting civilianson the one hand, and forharming civilians incidentallyon the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect (DDE). We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards harming them (...)
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  • The Ethics of War. Part II: Contemporary Authors and Issues.Endre Begby, Gregory M. Reichberg & Henrik Syse - 2012 - Philosophy Compass 7 (5):328-347.
    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 (...)
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  • How Outlandish Can Imaginary Cases Be?Jakob Elster - 2011 - Journal of Applied Philosophy 28 (3):241-258.
    It is common in moral philosophy to test the validity of moral principles by proposing counter-examples in the form of cases where the application of the principle does not give the conclusion we intuitively find valid. These cases are often imaginary and sometimes rather ‘outlandish’, involving ray guns, non-existent creatures, etc. I discuss whether we can test moral principles with the help of outlandish cases, or if only realistic cases are admissible. I consider two types of argument against outlandish cases: (...)
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  • Collective Complicity in War Crimes. Some Remarks on the Principle of Moral Equality of Soldiers.Adam Cebula - 2020 - Philosophia 48 (4):1313-1332.
    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. (...)
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  • Killing Innocent People.Tyler Doggett - 2017 - Noûs 52 (3):645-666.
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  • The Difference Uniforms Make: Collective Violence in Criminal Law and War.Christopher Kutz - 2005 - Philosophy and Public Affairs 33 (2):148-180.
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  • Occupation courts, jus ad bellum considerations, and non-state actors: Revisiting the ethics of military occupation.Alejandro Chehtman - 2015 - Legal Theory 21 (1):18-46.
    ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war (...)
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  • An ability-based theory of responsibility for collective omissions.Joseph Metz - 2020 - Philosophical Studies 178 (8):2665-2685.
    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 (...)
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  • Assassination: Targeting Nuclear Scientists. [REVIEW]Tamar Meisels - 2014 - Law and Philosophy 33 (2):207-234.
    Since 2007, five scientists involved in Iran’s nuclear program have been killed under mysterious circumstances. This is not the first time that nuclear scientists have come under direct attack. Scientists are legally civilians. Like the rest of us, they are protected by laws prohibiting murder and perfidious killing, and enjoy civilian immunity during wartime. Moreover, powerful moral arguments oppose assassination policies specifically. Nevertheless, contemporary theories of just war allow for the partial extension of combatant status to civilians who are either (...)
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  • The Ethics of Business in Wartime.Miguel Alzola - 2011 - Journal of Business Ethics 99 (S1):61-71.
    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 (...)
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  • (1 other version)The ethics of war: State of the art.David Rodin - 2006 - Journal of Applied Philosophy 23 (3):241–246.
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  • ‘Talking peace – going to war’: Peace in the service of the israeli just war rhetoric.Dalia Gavriely-Nuri - 2014 - Critical Discourse Studies 11 (1):1-18.
    This article offers a cultural approach to critical discourse analysis of major addresses made by Israeli leaders before the initiation of new wars between 1982 and 2008. The article reveals an intriguing phenomenon: the intensive use of the word ‘peace’ in these texts. The article's central claim is that the word ‘peace’ is an integral part of the Israeli just war rhetoric, a phenomenon that can be termed: Peace in the Service of War. PSW aims at rationalizing and legitimizing war (...)
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