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)

This article considers the implications of jus in bello for jus post bellum by exploring the relevant differences between victims of different sides in World War II: the Jewish Holocaust victims and the German civilians bombed by the Allied air forces. Some assert a moral equivalence between the catastrophes these two groups endured [Appleyard, Bryan. (2017). “I’m a Holocaust Sleuth.” The Weekend Australian Magazine, April 8–9: 27–28]. Although we do not dispute that German civilians suffered as victims of Allied aerial (...) bombings, we do question the depiction of their suffering as morally equivalent to the Holocaust of European Jewry. Much of the German war effort was directed at exterminating Jews. Likewise, much of the Allied war effort was directed at bombing German civilians. Both were wicked acts. But they embody very different goals, which were achieved by employing very different means. We present three factors that consider those different goals and means, thereby demonstrating that the Nazis’ victimisation of Jews was far worse than the Allies’ victimisation of German civilians. We conclude by urging military ethicists to learn from the past and to recognise that the treatment of the victims of war has implications for later generations. (shrink)

Gregory Reichberg’s argument against my reading of the classical just war theorists falsely assumes that if just cause is unilateral, then there is no moral equality of combatants. This assumption is plausible if we assume an individualist framework. However, the classical theorists accepted quasi-Aristotelian, communitarian social ontologies and theories of justice. For them, the political community is ontologically and morally prior to the private individual. The classical just war theorists build their theories within this framework. They argue that just war (...) is only waged by supra-individual political communities for irreducibly social ends. War by private individuals for private ends is always unjust. The ends sought in just war presuppose the justice of a hierarchy of authority over war such that the soldier is obligated to serve in war upon the command of his legitimate authority. In this way, the classical theorists accept a unilateral theory of just cause and a division of authority over war that entails the possibility of the moral equality of combatants. (shrink)