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 (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

This article presents an analytic critique of the predominant revisionist theoretical paradigm of just war (henceforth: revisionism). This is accomplished by means of a precise description and explanation of the practicability problem that confronts it, namely that soldiers that revisionism would deem “unjust” are bound to fail to fulfil the duties that revisionism imposes on them, because these duties are overdemanding. The article locates the origin of the practicability problem in revisionism’s overidealized conception of a soldier as an individual rational (...) agent analogous to the aggressor or defender in a case of lethal self-defense, who is capable of reflecting on the morality of his status in war and of the killing he performs and thus of recognizing his revisionist duties. Revisionism, however, ignores the following fact: Killing in war is not a natural human behavior. This is why training soldiers to kill is—and arguably always has been—a necessity for the existence of war and the killing that occurs in it. Moreover, this training involves a certain level of moral desensitization to violence whose goal is to prevent soldiers from thoroughly reflecting on the morality of the killing they engage in. Hence, war and killing can only exist if soldiers are trained in such a way that they do not reflect on whether they could be addressees of revisionist duties in the first place. This means that military training is a “constitutive condition” of soldiers and war, which is why it cannot excuse their noncompliance with revisionist duties, thus making these duties categorically overdemanding. The argument here draws on the paradigmatic example of modern US military killing conditioning (MC), but embeds it into a broader military-historical perspective that describes how soldiers have always needed to be mentally and morally influenced in order to enable war and killing. The article’s explanation of revisionism’s practicability problem has a constructive consequence for future theory-building in the ethics of war: It implies that a potentially revised ethical theory of war must necessarily analyze the institutions that allocate belligerent resources, if it aims to morally assess battlefield behavior in a practicable manner. (shrink)

In this paper I focus on duties we owe refugees from conflict zones. I argue that it is important to distinguish between two types of duties one might have with respect to refugees from conflict zones. Belligerents from wars that resulted in excess numbers of refugees, I argue, have a stringent duty to remedy past harms and provide for resulting refugees. Other states have a duty to aid which is context-dependent and can be in some cases as stringent as the (...) duty to remedy past harms. I argue that making a distinction between the grounds and types of duties different actors have with respect to refugees from conflict zones has significant consequences both for just war theory, but also for practical questions about how best to discharge our duties to refugees from conflict zones. (shrink)

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 (...) doing so, I also provide some critical analysis of the relevant Just War concepts. (shrink)

ABSTRACTI 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 as either: individuals who may be permissibly restrained with lethal force while at work; or individuals who may be harmed by permissible attacks against their workplace. In doing (...) so, I also provide some critical analysis of the relevant just war concepts. (shrink)

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 (...) theory, it argues in favor of the moral equality of just and unjust occupants. Against the orthodox position in international law, it advocates the symmetrical treatment of states and non-state actors fighting internal armed conflicts, at least in terms of the rights they may claim on the territories under their control. It concludes by appraising the way in which this moral landscape should be translated into legal norms. (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)

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 (...) a tradition of thought figuring only marginally in his reflections on truces, that is, just war theory. I argue this for three reasons. Without incorporation of the just war principles that should inform the decisions to enter conflict, to maintain conflict, and to cease conflict, any theory of truces will be, first, normatively inadequate, failing to provide us with requisite direction, and, second, open to the charge of permitting intolerable injustices, a charge Eisikovits wishes to avoid. Third, engagement with just war theory is important for arriving at a nuanced understanding of peacemaking, one which grants truces their place in our deliberations and spurns simplistic ‘war versus peace’ binaries whilst keeping more ambitious ideals of peace firmly in sight. (shrink)

Contemporary just war thinking has mostly been split into two competing camps, namely, Michael Walzer’s approach and its revisionist critics. While Walzerians employ a casuistical method, most revisionists resort to analytical philosophy’s reflective equilibrium. Importantly, besides employing different methods, the two sides also disagree on substantive issues. This article focuses on one such issue, the moral equality of combatants, arguing that while a methodological reconciliation between the two camps is impossible, contemporary debate would benefit from a ‘third-way’ approach. Presenting James (...) Turner Johnson’s historical method as such an approach, the article suggests that while revisionists are correct in considering the symmetry thesis as ethically indefensible, in order to arrive at this judgement, it is not necessary to employ far-fetched thought experiments and the use of historical cases is preferable. The root cause of Walzer’s problematic reasoning vis-à-vis the symmetry thesis, the histori... (shrink)

In June of 1945, the International Military Tribunal (ITM) formed in London, faced the problem of a non-yet existing legal armor for the Nazi crimes. Two new rules were widely accepted there. First, a new category of war crimes, the “crimes against humanity” was legally defined. Second, the ex-ante rejection of the defense line “I was following orders” or Führerprinzip (the principle of the duty to obey every order given by the military leader). In the first part of this paper, (...) I will present in brief, the historical and legal context of the rejection of Führerprinzip as a defense line of the Nazi defendants in Nuremberg trials as also in Eichmann’s trial in Jerusalem, where the same legal context was enacted. Next, I will expose a short history of conscientious objection in war ethics and the International Law on Human Rights that supports it. This exposition reveals that objection to criminal orders has the status not only of a right, but also of a duty for the soldiers on either side of the war. In the third part, the Rawlsian view on conscientious objector will be exposed as the meeting point of a broadly Kantian conception of war ethics and the existing International Law frame. In the final part I will present some philosophical aspects of jus in bello theory, as also the critique of its importance, and its contribution to the reification of the moral importance of conscientious objection in wartime and the rejection of Führerprinzip. (shrink)

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...

My claim is that despite powerful arguments to the contrary, a coherent moral distinction between the jus in bello code and the jus ad bellum code can be sustained. In particular, I defend the traditional just war doctrine according to which the independence between the in bello and ad bellum codes reflects the moral equality between just and unjust combatants and between just and unjust non-combatants. In order to establish this, I construe an in bello proportionality condition which can be (...) satisfied by just and unjust combatants alike. (shrink)

According to the purist war ethic, the killings committed by soldiers fighting in just wars are permissible, but those committed by unjust combatants are nothing but murders. Jeff McMahan asserts that purism is a direct consequence of the justice-based account of self-defence. I argue that this is incorrect: the justice-based conception entails that in many typical cases, killing unjust combatants is morally unjustified. So real purism is much closer to pacifism than its proponents would like it to be. I conclude (...) that the best explanation of the common view that unjust combatants may be defensively killed relies on a rights-based conception of self-defence. (shrink)

Civilian 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 for directly targeting civilians on the one hand, and for harming civilians incidentally on the other hand. Immunity is standardly defended by appeal to the Doctrine of Double Effect. We show that Immunity's prohibitive stance towards targeting civilians directly, and its more permissive stance towards (...) harming them incidentally, can be defended without appealing to the DDE if agents suffer from overconfidence. Overconfidence is a cognitive bias that affects agents who are required to make decisions in the presence of significant uncertainty. (shrink)

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 (...) a person brings about because of following the orders of a legitimate authority is transferred to the authority. (shrink)

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 (...) context of futile self-defense and in general. To understand how a victim might use force in this context, one need only point to some interest of hers that is threatened, and the best candidate for such interest in cases of futile self-defense is her honor. (shrink)

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 (...) in the 1970s. (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)

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 (...) contribute to the war. Hence the conditions determining whether it is permissible for a government to wage a war often differ from the conditions determining whether it is permissible for others to promote that war. This difference is manifest most often in unjust wars with putatively humanitarian aims—an increasingly common type of war. (shrink)

Political theorists had vigorous debates about nuclear weapons in the 1980s but have been largely silent about them recently. This article seeks to reopen those discussions. It evaluates the main justifications for nuclear proliferation since 1945: arguments from consistency, nationalism, democratic legitimacy, self-defense, peaceful effects, and supreme emergency. Most of these arguments are badly flawed, as are the arguments for retaining the nuclear arsenals of many of the established nuclear powers. Instead, this article proposes a first cut at a stringent (...) standard for judging the acquisition of strategic nuclear weapons, drawing on jus ad bellum and jus in bello principles. (shrink)

The paper examines the justification of warfare. The main thesis is that war is very difficult to justify, and justification by invoking “justice” is not the way to succeed it. Justification and justness are very different venues: while the first attempts to explain the nature of war and offer possible schemes of resolution, the second aims to endorse a specific type of warfare as correct and hence allowed – which is the crucial part of “just war theory.” However, “just war (...) theory,” somewhat Manichean in its nature, has very deep flaws. Its final result is criminalization of war, which reduces warfare to police action, and finally implies a very strange proviso that one side has a right to win. All that endangers the distinction between ius ad bellum and ius in bello, and destroys the collective character of warfare. Justification of war is actually quite different – it starts from the definition of war as a kind of conflict which cannot be solved peacefully, but for which there is mutual understanding that it cannot remain unresolved. The aim of war is not justice, but peace, i.e. either a new articulation of peace, or a restoration of the status quo ante. Additionally, unlike police actions, the result of war cannot be known or assumed in advance, giving war its main feature: the lack of control over the future. Control over the future, predictability, is a feature of peace. This might imply that war is a consequence of failed peace, or inability to maintain peace. The explanation of this inability forms the justification of war. Justice is always an important part of it, but justification cannot be reduced to it. The logic contained here refers to ius ad bellum, while ius in bello is relative to various parameters of sensitivity prevalent in a particular time, with the purpose to make warfare more humane and less expensive. (shrink)

We are grateful to Professors Nick Fotion, Bashshar Haydar and David L. Perry for their illuminating discussions of our paper, ?Military ethics of fighting terror: An Israeli perspective?, published in the present issue of the Journal of Military Ethics. We also thank the editors of the Journal for allowing us to add the present response. Professors Fotion, Haydar and Perry raise many significant issues. We will, however, presently address just a few of them, leaving the discussion of the other interesting (...) points to other occasions. (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)

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

This book sheds light on various ethical challenges military and humanitarian health care personnel face while working in adverse conditions. Contexts of armed conflict, hybrid wars or other forms of violence short of war, as well as natural disasters, all have in common that ordinary circumstances can no longer be taken for granted. Hence, the provision of health care has to adapt, for example, to a different level of risk, to scarce resources, or uncommon approaches due to external incentives or (...) requirements. This affects the practice of health care as well as its ethics. This book offers a panoramic overview on various challenges healthcare faces in extraordinary situations and provides new insights from practitioners’ as well as from academic scholars’ perspectives. (shrink)

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 (...) the sets of relevant facts uncontroversially accessible and inaccessible to contemporary professional soldiers. Relevant facts outside these two sets should by default be treated as inaccessible until proven otherwise. Even such a rudimentary heuristic created in this way demonstrates that practical recommendations of MEC-renouncing Just War Theory are not too challenging to follow and still signifi cantly impact a compliant combatant’s behavior. (shrink)

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 (...) aggressors in order to avoid a non-lethal harm. Sometimes people are permitted to take up arms to defend themselves against culpable aggressors they have little or no hope of .. (shrink)

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. 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. These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill culpable (...) aggressors in order to avoid a non-lethal harm. Sometimes people are permitted to take up arms to defend themselves against culpable aggressors they have little or no hope of defeating. (shrink)

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 (...) not, as often portrayed, independent—the justice of conduct in war largely presupposes the justice of the recourse to war. Undermining this independence claim is one important step toward revealing the unified logical structure of just war theory. I then argue that we can see the dependence of the jus in bello upon the jus ad bellum , not just in the content of certain principles, but also in the structure of the two sets of principles: I construct a one-to-one mapping between ad bellum and in bello principles. In doing so, I argue also that the shared structure successfully finds place for the questions central to the evaluation of the morality of war: what is a sufficient provocation to use force, what objectives may be sought by force, why or for what ends, who has authority to decide to use force, and when or in what circumstances? Despite variations in expression, the theory allows for a coherent and comprehensive evaluation of morality in warfare. (shrink)

A variety of ethical objections have been raised against the military employment of uninhabited aerial vehicles (UAVs, drones). Some of these objections are technological concerns over UAVs abilities’ to function on par with their inhabited counterparts. This paper sets such concerns aside and instead focuses on supposed objections to the use of UAVs in principle. I examine several such objections currently on offer and show them all to be wanting. Indeed, I argue that we have a duty to protect an (...) agent engaged in a justified act from harm to the greatest extent possible, so long as that protection does not interfere with the agent's ability to act justly. UAVs afford precisely such protection. Therefore, we are obligated to employ UAV weapon systems if it can be shown that their use does not significantly reduce a warfighter's operational capability. Of course, if a given military action is unjustified to begin with, then carrying out that act via UAVs is wrong, just as it would be with any weapon. But the point of this paper is to show that there is nothing wrong in principle with using a UAV and that, other things being equal, using such technology is, in fact, obligatory. (shrink)

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)

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 (...) war theory would ever permit, in particular to what Fabre has dubbed ‘subsistence wars’, and it rejects the most fundamental constraint imposed by traditional jus in bello, namely, the prohibition against the deliberate killing of civilians. While both the demanding and the permissive aspects of the book seem troublesome to me, the latter seem more so and most of my paper is devoted to a critical examination of them. In the last part of the paper, I point to a different outlook to the one defended in the book and try to show that this outlook is less foreign to Fabre’s outlook than one might expect. (shrink)

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 (...) adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly. (shrink)

In this paper the author aims to explain the consequences of the implicit application of the zero-sum game model of distribution of moral responsibility for war, i.e., for causing war, within the context of the dominant perspective of modern-day ethics of war – Just War Theory. The main criterion of the jus ad bellum concept of Just War Theory, “just cause,” recognizes the possibility of only one “cause” of war, and every attempt to further analyze and investigate deeper causes of (...) war is automatically perceived through the zero-sum lens, as an attempt to justify or excuse the unjust side in war. No such thing happens when analyzing other, extremely morally troubling and disturbing phenomena as we invest significant effort into attempting to explain evil without this effort ever being understood as a justification attempt. The author demonstrates how the described approach in Just War Theory prevents us from fully understanding war, and thus implicitly from how to normatively prescribe human actions in and regarding war. The author also asserts that this perspective actually represents a presupposition concerning the possibility of justness of war. The author concludes that, in order to fully understand war and properly morally evaluate it, ethics of war must adopt a non-zero-sum model of distribution of moral responsibility and acknowledge the existence of a wide variety of causes of war. (shrink)

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 (...) for advancing an immoral end, even if they otherwise fight ethically. This article examines the attitudes of the American public regarding the moral equality of combatants. Utilizing an original survey experiment, we find that the public's moral reasoning is generally more consistent with that of the revisionists than with traditional just war theory. Americans in our study judged soldiers who participate in unjust wars as less ethical than soldiers in just wars, even when their battlefield conduct is identical, and a large proportion supported harsh punishments for soldiers simply for participating in unjust wars. We also find, however, that much of the American public is willing to extend the moral license of just cause significantly further than revisionist scholars advocate: half of the Americans in our survey were willing to allow an unambiguous war crime—a massacre of innocent women and children—to go unpunished when the act was committed by soldiers fighting for a just cause. Our findings suggest that incorporation of revisionist principles into the laws of war would reinforce dangerous moral intuitions encouraging the killing of civilians. (shrink)

El trabajo discute la justificación moral del uso de drones en conflictos armados, tanto desde el punto de vista de la moralidad profunda de la guerra como desde el punto de vista de cuál es la regulación jurídica moralmente justificable. Desde la óptica de la moralidad profunda, argumento que no es posible dar un veredicto general acerca de la permisión o prohibición moral del uso de drones. Desde la óptica de las convenciones jurídicas para regular los conflictos armados, sostengo que (...) la posición más razonable es la de una permisión fuertemente regulada, más que una prohibición absoluta. (shrink)

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 rather than (...) analytical in nature, tracing the historical roots of the PNI. Whilst providing an undeniably interesting journey through early Just War thought, these parts of the volume might feel less than gripping to those looking for engaging philosophical argument.However, the collection is certainly not without such argument. Seamus Miller's essay offers a thorough and thought-provoking account of why certain groups of civilians should not be granted immunity from military force. Using the model of the forced …. (shrink)

ABSTRACTAmong the most forceful and provocative criticisms that have been leveled at US drone strikes against alleged terrorists far from conventional battlefields has been Jeremy Waldron's charge that they cannot be justified in terms of a neutral principle that most reasonable people would accept. In essence, Waldron asks ‘whether we are comfortable with [such a norm] in the hands of our enemies’. He thinks most people will say ‘no’ and that this is a reason not to embrace a permissive norm (...) in the first place. We will argue that a key assumption in Waldron's argument is highly contestable, and that if it is challenged, the whole argument can be turned inside out to provide support for a limited drone program aimed at terrorist leaders. In essence, if the suspected terrorists who are the targets of drone strikes are understood to be combatants rather than civilians, as the US government has forcefully argued that they should be, then the norm permitting strikes against them is the humanitarian principle.. (shrink)

Can the global poor wage a just redistributive war against the global rich? The moral norms governing the use of force are usually considered to be very strict. Nonetheless, some philosophers have recently argued that violating duties of global justicecanbe a just cause for war. This paper discusses redistributive wars. It shows that the strength of these arguments is contingent on the underlying account of global distributive justice. The paper focuses on the “doing harm argument,” under the assumption that the (...) alternative “allowing harm argument” is a more difficult route to justify redistributive wars. After highlighting several preliminary problems, the paper breaks down and assesses in depth the “doing harm argument”: the empirical premise, the rights violation that constitutes the wrong, liability and degrees of responsibility, and the conditions for justified self-defense. By drawing on principles reflected in criminal law, this paper argues that a general “doing harm argument” for redistributive wars is unconvincing, while a reinterpretation of that argument could theoretically give rise to a just cause for war. (shrink)

The war in just war theory Just war theory has an ancient pedigree. While the substantive norms and application of those norms have always been debated, the debate today is entirely polarized. So polarized, that there seems to be a ‘war’ raging in just war theory. On one side are representatives of Walzer’s conventional position and on the other side so-called revisionists as McMahan, Fabre, Rodin, and Frowe. This paper offers a critical analysis of that dichotomy. While most of the (...) debate is focused on the substantive level (the norms itself), I focus here on the conceptual level (terminology and character of the positions) and meta-level (the underlying theoretical premises). My aim is threefold: to assist readers in understanding contemporary contributions to just war theory; to facilitate a truce between both camps by highlighting respective strengths and weaknesses and by exposing a certain division of labor; and to suggest improvements for both positions. (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)

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 (...) of the arming of rebels by other agents. It is precisely this issue that I want to address here. Overall, I argue that the process should be generally eschewed. More specifically, this article seeks to establish that arming rebels is generally impermissible and only exceptionally morally permissible. The former, far more restrictive claim will be established in the first part of the article. The latter, more permissive claim will be established in the second part of the article. (shrink)

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.

In this contribution, I defend the standard list of jus ad bellum principles. In The Ethics of War and the Force of Law: A Modern Just War Theory, Uwe Steinhoff endorses only three principles of jus ad bellum (right intention, just cause, and proportionality) and claims that the others are redundant. I argue that, although fundamentally all jus ad bellum principles can be reduced to proportionality, in practice it is vital to retain the main jus ad bellum criteria as separate (...) principles. (shrink)

Following Hugo Grotius, a distinction is developed between private and public war. It is argued that, contrary to how most contemporary critics of the moral equality of combatants construe it, the just war tradition has defended the possibility of the moral equality of combatants as an entailment of the justifiability of public war. It is shown that contemporary critics of the moral equality of combatants are denying the possibility of public war and, in most cases, offering a conception of just (...) war as exclusively private war. The work of Jeff McMahan is used to exemplify this. Against these contemporary critics, it is argued that the reasons McMahan and others offer against the possibility of the moral equality of combatants undermine not only public war but also the possibility of fully realized and effective political authority. (shrink)