I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (shrink)

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

A just cause for war is a type of wrong that may make those responsible for it morally liable to military attack as a means of preventing or rectifying it. This claim has implications that conflict with assumptions of the current theory of just war.

Associative duties are non-contractual duties owed in virtue of a valuable relationship. They hold between lovers, family members, friends, and perhaps compatriots. General duties, by contrast, are owed to people simply in virtue of their humanity: they are grounded in each person’s great and equal moral worth. In this paper, I ask what should be done when we can perform either an associative duty or a general duty, but not both.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is (...) the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross. (shrink)

Stable URL: http://links.jstor.org/sici?sici=0048-3915%28198923%2918%3A4%3C334%3AAIACTD%3E2.0.CO%3B2-P..