This paper critically examines Just War Theory and its philosophical foundations, which are conventionally positioned in opposition to pacifism and nonviolent conflict. This paper, however, takes the view that both, Just War Theory as well as pacifism and nonviolent conflict, are equally necessary and complementary approaches to living with the possibilities and tragedies of the human condition. Its approach is grounded in feminist theory and methodology and their connections with Galtung’s models of violence and peace. The paper argues that the (...) weaknesses of Just War Theory are intrinsic to the concept and its intent. The inherent contradiction of Just War Theory being that it intended to translate universal moral principles into reality, which makes them context dependent. Fundamentally, Just War Theory is derived from an ethic of justice ultimately centred on the right to use violence and kill. The right is conditional but means that a path to peace inevitably starts from death. An ethic of care is a philosophy where feminist thought meets pacifism and nonviolent conflict. It starts from the creation of life and charts paths to positive peace through the nurture of the conditions for lives in dignity. If we seek to contain the destructive and give space to the creative aspects of the human condition and understand its two extremes, life and death, in their relation to human agency, better we need to complement the traditional ethic of justice (of war and violence) with an ethic of care. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)