A great deal of violence in civil wars is informed by the logic of terrorism: violence tends to be used by political actors against civilians in order to shape their political behavior. I focus on indiscriminate violence in the context of civil war: this is a type of violence that selects its victims on the basis of their membership in some group and irrespective of their individual actions. Extensive empirical evidence suggests that indiscriminate violence in civil war is informed by (...) the logic of terrorism. I argue that under certain conditions, that tend to be quite common, such violence is counter productive. I specify these conditions and address the following paradox: why do we sometimes observe instances of indiscriminate violence evenunder conditions that make this strategy counterproductive? I review four possible reasons: truncated data, ignorance, cost, and institutional constraints. I argue that indiscriminate violence emerges because it is much cheaper than its main alternative – selective violence. It is more likely under a steep imbalance of power between the competing actors, and where and when resources and information are low; however, most political actors eventually switch to selective violence. Thus, given a balance of power between competing actors, indiscriminate violence is more likely at early rather than late stages of the conflict. Overall, the paper suggests that even extreme forms of violence are used strategically. (shrink)

But what if in order to save 0nc’s life one has to ki]1 another person? In some cases that is obviously permissible. In a case I will call Villainous Aggrcssor, you are standing in :1 meadow, innocently minding your own business, and 21 truck suddenly heads toward you. You try to sidestep the truck, but it tums as you tum. Now you can sec the driver: he is a mam you know has long hated you. What to do? You cannot (...) outrun thc truck. Fortunately, this is not pure nightmare: you just happen to have em antitank gun with you, and can blow up the truck. Of course, if you do this you will kill thc driver, but that does not matter; it is morally permissible for you to blow up thc truck, driver and 211, in defense of your life. (shrink)

..............................................................................................101 I. The Idea of a Noncombatant ........................................................104 II. The Moral Shield Protecting Noncombatants.............................106 A. Accommodation.......................................................................107 B. Guilty Past ...............................................................................107 C. Guilty Bystander Trying to Inflict Harm .................................109 D. Guilty Bystander Disposed to Inflict Harm .............................109 E. Guilty Bystander Exulting in Anticipated Evil ........................109 F. Fault Forfeits First Doctrine in Just Warfare ...........................110 III. Noncombatants as Wrongful Trespassers ...................................110 IV. The Noncombatant Status of Captured Soldiers ........................111 V. Guerrilla Combat ..........................................................................116 VI. Morally Innocent Unjust Combatants.........................................118 VII. Should Rights Reflect What (...) We Can Know? ............................121 VIII. Absolute and Moderate Construction of the Revised Right.. (shrink)