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 aim of this article is to explore how the brief history of drone warfare thus far affects and potentially alters the parameters of ad bellum and in bello just war principles.

"If being a humanitarian imperialist means advocating that the hegemon use its might to advance freedom, human rights, and democracy, then I am a humanitarian imperialist.".

Abstract Building on the authors' previous work regarding the classical Confucian position on the legitimate use of military force as represented by Mencius and Xunzi, this paper probes their understanding of punitive expeditions undertaken against tyrants in particular ? aims, justification, preconditions, and limits. It compares this understanding with contemporary Western models of humanitarian intervention, and argues that the Confucian punitive expedition aligns most closely with the emerging ?responsibility to protect? model in Western discussions, although it also differs from the (...) latter in certain respects. For example, the Confucian expedition explicitly forwards as legitimate aims regime change and the punishment of tyrants, in addition to rescue of an abused population and assistance in rebuilding a decent society. The Confucian understanding also appears to set a lower threshold standard (well short of genocide, ethnic cleansing, or large-scale massacre) for what counts as severe tyranny warranting intervention, and it explicitly speaks of an obligation (beyond mere permissibility) to intervene when that threshold is exceeded. In its concluding section, the paper discusses some possible contemporary implications of the classical Confucian understanding of a punitive expedition against tyrants. (shrink)

This article examines the claim recently put forward by Terry Nardin, Kok-Chor Tan, and Carla Bagnoli that humanitarian intervention ought to be conceived, not as an imperfect duty (a duty of assistance to the victims of crimes against humanity left to the discretion of the members of the international community), but—assuming that the permissibility conditions have been satisfied—as a perfect duty (an unconditional obligation demanded by justice). After explaining why such a position can be considered as legitimate, it underlines some (...) of its difficulties and provides the elements of a response in order to overcome them. (shrink)

The disastrous consequences of the US-led invasion of Iraq in 2003 appear to discredit just war theories that justify military intervention in sovereign states in the name of human rights. It is possible, however, to identify factors that distinguish a defensible military intervention from the kind pursued in Iraq, and to incorporate these into a doctrine of humanitarian military intervention that would not have permitted the Iraq invasion. This improved doctrine stands in contrast to the militant interventionist doctrine that endorsed (...) the invasion – a variant referred to here as the doctrine of just anti-totalitarian war . In order to critique the JAW doctrine and distinguish it from the improved doctrine, I examine critically the JAW-supporters' attempt to make sense of what went wrong in Iraq, and propose an alternative diagnosis. It is this alternative diagnosis that grounds a defense of moderate versions of the doctrine of just military intervention, which I seek in turn to render ‘Iraq-proof’. My Iraq-proof refinement is expressed in a list of injunctions. These require, among other things, critical interrogation of the moral standing of intervening powers and greater attention to the legitimate grievances of adversaries in regions targeted for intervention. They would also permit military intervention only in moral emergencies, and usually only to establish safe havens and protect relief supplies. (shrink)

Since the end of the Cold War, traditional justifications for war have diminished in relevance and importance, while the use of Humanitarian Military Interventions (HMI) has proliferated, to the point that formerly traditional wars – e.g. Afghanistan and Iraq invasions – have become retroactively redefined as HMIs. While HMI suffers from a number of problems, from international law to historical track record, its proponents have managed to turn aside all arguments by claiming they represent either statistical outliers, improper implementation, or (...) at best indicate a need for a certain degree of fine-tuning. Crucially, the validity of the HMI practice is never brought into question. In order to attempt to break this dialectic stalemate, this dissertation recasts HMI as a Kuhnian paradigm. Doing so provides for a better understanding of HMI as a holistic Weltanschauung, and allows the problems of HMI to be understood as anomalies. Unlike arguments, anomalies need not engage with every discrete position held by the paradigm. Instead, they serve as a direct demonstration of the untenability of a position, as evidenced by systemic failure to produce the desired results. Consequently, the paradigm approach allows for a binary resolution to the problems of HMI: either the anomalies can be explained by the paradigm, or the paradigm has failed. The present analysis begins with an examination of paradigms and their structures, and then follows the history and context of HMI is considered from a philosophical and historical perspectives. Then, the structure of HMI as a paradigm is unpacked, with the attendant ends, means, justifications, and implications. Finally, four categories of HMI anomalies are presented, leading to the conclusion that the HMI paradigm is a failed one. (shrink)