Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, there (...) being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...) standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

Abstract The debate about the ethics of uninhabited aerial vehicles (UAVs) is failing to keep pace with the rise of the technology. Therefore, all the key players, including ethicists, lawyers, and roboticists, are keen to offer their views on the use of these drone aircraft. Some are opposed to their use, citing a range of ethical, legal and operational issues, while others argue for their ethically mandated use. B.J. Strawser fits into this latter category. He develops a principle of ?unnecessary (...) risk?, from which he argues that we have an ethical obligation to employ UAVs if we can do so without incurring a loss of capability. Strawser defends his argument against a number of potential objections, most questionably, the argument that the use of distance weaponry such as drones, against another state without distance weaponry, crosses some moral threshold that makes the combat immoral. Utilising Jeff McMahan's work on the inequality of combatants, Strawser essentially argues that there are no grounds for a ?fair fight?. However, this paper will argue that it is not so easy to overturn the doctrine of the moral equality of combatants, nor dismiss the problem with asymmetry. It will demonstrate that if the asymmetry reaches a certain level, the justification for resorting to war may be removed and some sort of policing action may remain the only option. (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)

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)

Book review of McMahan J. "Killing in War." Oxford: Oxford University Press; 2009. --- Jeff McMahan’s "Killing in War" is, among many other things, a brief against the traditional just war doctrine of the moral equality of combatants – i.e. the doctrine that all combatants ‘have the same moral status, hence the same moral rights, immunities, and liabilities’, including ‘an equal right to kill’, irrespective of whether the war they fight is just or unjust.1 This book is a powerfully argued, (...) nuanced, comprehensive, relentless and impassioned brief against this doctrine. It wages total war against it, eclipsing all past skirmishes. Yet, at the same time that he rejects the moral equality of combatants, McMahan affirms the ‘legal equality of combatants’, according to which ‘legal rights, liabilities, and immunities of combatants are unaffected by’ the justice or injustice of the war they fight. Not only does McMahan affirm that the legal equality of combatants holds as a matter of fact. He also affirms that such legal equality is morally justified at present. In this article, I shall expose and explore tensions that arise as the result of this uneasy combination of McMahan’s affirmation of the legal equality of combatants and his thoroughgoing rejection of their moral equality. (shrink)

The conventional view of Just War thinking holds that militaries operate under “special” moral rules in war. Conventional Just War thinking establishes a principled approach to such moral exceptionalism in order to prevent arbitrary or capricious uses of military force. It relies on the notion that soldiers are instruments of the state, which is a view that has been critiqued by the Revisionist movement. The Revisionist critique rightly puts greater emphasis on the moral agency of individual soldiers: they are not (...) mere instruments of the state. Although Revisionism has something particularly important to contribute when applied to cases that are short-of-war, where an individual agent’s moral culpability plays a greater role, soldiers fighting wars are not wholly autonomous moral agents. An Institutionalist approach that responds to Revisionist criticisms is a plausible alternative to the conventional Just War account for grounding the moral exceptionalism of war. For the Institutionalist, soldiers are moral agents with state-imposed obligations whose fundamental responsibility is the performance of the proper moral ends of the military institution they serve. If this is true, then soldiers have a moral obligation to be attentive to the moral corruption of the military institution of which they are a part. (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)

According to most accounts of just war theory, jus ad bellum is concerned with the morality of initiating war. This gives jus ad bellum a temporal dimension, making it a set of principles that are applied to judge belligerents’ actions at the outset of a war, but that cannot be revisited after a war begins. I challenge this synchronic conception of jus ad bellum by arguing that the considerations the principles of jus ad bellum are meant to judge can, and (...) often do, change substantially over the course of wars. It is inappropriate to determine the ad bellum justice of a war solely based on how the principles of jus ad bellum are satisfied at a war’s outset. Because of the mercurial nature of war, jus ad bellum principles should be applied diachronically, as moral norms that can be used to guide or to judge belligerents even after a war has been initiated. (shrink)

One criticism of revisionist just war thought is often called the “contingent pacifism” objection. According to this objection, revisionist just war theory fails because it requires combatants on the just side to evaluate the moral responsibility for wrongful harm of each combatant on the unjust side to determine liability to defensive harming in each case. Combatants on the just side are epistemically barred from making these determinations. Moreover, many combatants on the unjust side (e.g., cooks and administrative soldiers) fail to (...) meet the threshold of responsibility for wrongful harm to make them liable to lethal defensive harm. Therefore, ex hypothesi, combatants on the just side will inevitably target enemy combatants who are not liable to be killed. In this paper, I offer a novel response to the contingent pacifism objection. I argue that, even on the revisionist account, participation in a military engaged in an unjust war is sufficient for liability to lethal defensive harm. First, I show merely signaling a threat of unjust harm—even if one lacks the means to actualize the threat—is sufficient for liability to defensive harm. Second, I argue that almost all participants in military activity signal a threat. Finally, I conclude that, in general, combatants on the unjust side of a conflict signal threats of unjust harm and are therefore liable to lethal defensive harming. This novel account of signaling-as-threatening disarms the contingent pacifist objection. (shrink)

Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for (...) disaster. To avoid manipulation of the theory and make the goal of peace attainable, they defend “minimalism” in the ethics of war and peace. This paper responds to and builds on their article. After nuancing the analysis, I will argue that their minimalism does not solve the problem since the proposed alternative concept is equally prone to misuse, and that their minimalism is mistargeted. What I propose is to specify and ground the rules of war without raising the standard too high, to disentangle jus ad bellum and jus post bellum and see peace as guiding principle for jus post bellum, and to interpret that in a minimalist way. (shrink)

In recent decades, revisionist philosophers have radically challenged the orthodox just war theory championed by Michael Walzer in the 1970s. This review considers two new contributions to the debate, Benbaji and Statman’s War by Agreement and Ripstein’s Kant and the Law of War, which aim to defend the traditional war convention against the revisionist attack. The review investigates the two books’ respective contractarian and Kantian foundations for the war convention, their contrast with the revisionist challenge, and their points of disagreement. (...) Building on the responses to Ripstein in the edited collection, The Public Uses of Coercion and Force, and providing an overview of the broader debate, the review offers an analysis of the two books’ positions on the relationship between the morality and laws of war, on just cause and the crime of aggression, and on the equality between just and unjust combatants. (shrink)

Michael Walzer presents the theory of the just war that he develops in Just and Unjust Wars as a set of principles governing the initiation and conduct of war that are entailed by respect for the moral rights of individuals. I argue in this essay that some of the principles he defends do not and cannot derive from the basic moral rights of individuals and indeed, in some cases, explicitly permit the violation of those rights. I argue, further, that it (...) does not follow, at least in some cases, that the principles are false. Even if some of the principles are not adaptations of a theory of rights to the problems of war, they may still be rational, pragmatic accommodations to epistemic and institutional constraints under which we must now act. Yet I also argue that respect for the rights that Walzer claims that individuals have requires us to try to overcome the epistemic and institutional impediments that restrict us at present. As those impediments are removed, the reasons for acknowledging and following some of the central principles Walzer espouses will diminish and, perhaps, disappear. (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)