Non-combatant Immunity and Irregular Warfare The Ethical Problem of Human Shields One of the basic principles of the Just War Theory is that of non-combatant immunity. Basically, this principle is about protecting the civilian population against the violence of war. Now, despite the fact that this principle is firmly ingrained in our collective moral conscience and in international humanitarian law, the truth is that the civilian population has never been really insulated from the horrors of war. Quite on the contrary. (...) This seems to be especially the case in so-called irregular warfare. In order to avoid military defeat against a stronger opponent, non-state armed movements very often use tactics that entail important risks for the civilian population. These irregular combatants hide and fight, for instance, among the civilian population or they intentionally blur the distinction between combatants and non-combatants. One of those tactics consists in using non-combatants as human shields. It goes without saying that this tactic presents a complex moral challenge for conventional troops. Should these human shields be treated like any other innocent bystanders, or should they be considered as partial combatants? And can the non-combatant immunity principle be of any moral assistance here? It is the objective of this article to shed more light on this issue. The argument will be developed in four stages. First, we will take a closer look at the principle of non-combatant immunity as it is understood within the Just War Theory. In order to see if and to what extent the principle of non-combatant immunity can be of any assistance in confronting human shields, we will conduct a first case-based analysis. Next, we aim to develop a moral continuum of paradigmatic cases of human shields, the purpose of which is to provide an instrument that will help us to formulate more nuanced moral appreciations. Finally, we will briefly look at the practical relevance of the proposed approach. (shrink)

In recent decades, we have witnessed the emergence of new forms of warfare, which are characterized by asymmetry, irregularity and the cybernetization of weaponry. Waged from a distance, these wars have created the impression of decorporealization and low risk, at least for one of the contending parties. In contrast, the same asymmetric conflicts have been sites in which the human body has been utilized as a novel and lethal weapon. Although much scholarly attention has been paid to suicide attackers who (...) have become symbolic figures of this new warfare, this article draws attention to their inverse figure: human shields. The human shield risks life not to destroy and terrorize others but to resist organized violence and protect others. This article explores the figure of the human shield, situating it within the context of global moral spectatorship, international humanitarian law and biopolitical warfare. Arguing that the human shield is both a symptom and the immanent critique of the present, one that exposes its multiple contradictions, this article makes a case for the importance of the figure of the human shield for contemporary politics. (shrink)