What are the ethical principles underpinning the idea of a just war and how should they be adapted to changing social and military circumstances? In this book, Steven P. Lee presents the basic principles of just war theory, showing how they evolved historically and how they are applied today in global relations. He examines the role of state sovereignty and individual human rights in the moral foundations of just war theory and discusses a wide range of topics including humanitarian intervention, (...) preventive war, the moral status of civilians and enemy combatants, civil war and terrorism. He shows how just war theory relates to both pacifism and realism. Finally, he considers the future of war and the prospects for its obsolescence. His clear and wide-ranging discussion, richly illustrated with examples, will be invaluable for students and other readers interested in the ethical challenges posed by the changing nature of war. (shrink)

Asymmetric conflict is changing the way that we practise and think about war. Torture, rendition, assassination, blackmail, extortion, direct attacks on civilians, and chemical weapons are all finding their way to the battlefield despite longstanding international prohibitions. This book offers a practical guide for policy makers, military officers, students, and others who ask such questions as: do guerillas deserve respect or long jail sentences? Are there grounds to torture guerillas for information or assassinate them on the battlefield? Is there room (...) for nonlethal weapons to subdue militants and safeguard the lives of noncombatants? Who are noncombatants in asymmetric war? What is the status of civilians who shelter and aid guerillas? And, do guerillas have any right to attack civilians, particularly those who aid and shelter members of the stronger army? If one side can expand the scope of civilian vulnerability, then why can't the other? (shrink)

When is it right to go to war? The most persuasive answer to this question has always been 'in self-defense'. In a penetrating new analysis, bringing together moral philosophy, political science, and law, David Rodin shows what's wrong with this answer. He proposes a comprehensive new theory of the right of self-defense which resolves many of the perplexing questions that have dogged both jurists and moral philosophers. By applying the theory of self-defense to international relations, Rodin produces a far-reaching critique (...) of the canonical Just War theory. The simple analogy between self-defense and national defense - between the individual and the state - needs to be fundamentally rethought, and with it many of the basic elements of international law and the ethics of international relations. (shrink)

A standard example of a justified aggressor is the tactical bomber who is about to destroy an ammunitions factory in a proportionate, justified military attack, full well knowing that an innocent civilian bystander will also be killed by his attack (“collateral damage”). Intuitively it seems hard to believe that the innocent bystander threatened by the tactical bomber is morally prohibited from killing him in self-defense. Yet, Stephen R. Shalom indeed endorses such a prohibition. I shall argue that all the examples (...) Shalom offers in support of his view are disanalogous to the case in question, and provide examples that are analogous and strongly suggest that Shalom’s claim leads to counter-intuitive implications. Moreover, I will provide a clear-cut case that demonstrates that Shalom cannot rely on a general principle prohibiting lethal violence against permissible violence. Thus, I conclude that Shalom has failed to provide a convincing argument in support of his case. (shrink)

In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and what challenges (...) such punitive warfare would have in satisfying the remaining jus ad bellum conditions. (shrink)

Victor Tadros thinks the idea that in a conflict both sides may permissibly use force should (typically) be rejected. Thus, he thinks that two shipwrecked persons should not fight for the only available flotsam (which can only carry one person) but instead toss a coin, and that a bomber justifiably attacking an ammunitions factory must not be counterattacked by the innocent bystanders he endangers. I shall argue that Tadros’s claim rests on unwarranted assumptions and is also mistaken in the light (...) of the moral reasoning that he himself offers in support of his ‘means principle’. (shrink)

In the tradition of just war theory two assumptions have been taken pretty much for granted: first, that there are quite a lot of justified wars, and second, that there is a moral inequality of combatants, that is, that combatants participating in a justified war may kill their enemy combatants participating in an unjustified war but not vice versa. I will argue that the first assumption is wrong and that therefore the second assumption is virtually irrelevant for reality. I will (...) also argue, primarily against Jeff McMahan, that his particular thesis about the moral inequality of “just” and “unjust combatants” is an analytical truth which, however, does hardly apply to anything (there are few if any “unjust combatants” as he defines them). If one takes his thesis less literally, namely in the sense of a thesis about combatants participating in a justified war and combatants participating in an unjustified war, it is correct in principle, but still of little practical relevance even if one disregarded the fact that there are virtually no justified wars. One of the reasons for this is that, contrary to McMahan’s claims, justification does not defeat liability. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

Practically all modern definitions of war rule out that individuals can wage war. They conceive of war as a certain kind of conflict between groups. In fact, many definitions even restrict the term “war” to sustained armed conflicts between states. Instead of taking such definitions as points of departure, the article starts from scratch. I first explain what an explication of the concept of “war” should achieve. I then introduce the fundamental, and frequently overlooked, distinction between war as an historical (...) event and war as an action. It is war as action—which, unlike events, can be right or wrong—that I explicate. Testing our linguistic intuitions with different examples of conflict I isolate several criteria that a war proper has to fulfill and try to demonstrate that not only collectives but individuals, too, can wage war. In conclusion I examine alternative definitions of war and show that in comparison to them mine fares rather well. (shrink)

Ethics for Enemies comprises three original philosophical essays on torture, terrorism, and war. F. M. Kamm deploys ethical theory in her challenging new treatments of these most controversial practical issues. First she considers the nature of torture and the various occasions on which it could occur, in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. In the second essay she considers what makes terrorism wrong--whether it (...) is the intention to harm civilians, rather than harm to them being 'collateral damage,' or something else--and whether terrorism is always wrong. The third essay discusses whether having a right reason, in the sense of a right intention, is necessary in order for a war to be just. Kamm then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods that war can bring about, so as to make the declaration of war permissible. (shrink)

Jeff McMahan urges us to reject the view, dominant throughout history, that mere participation in an unjust war is not wrong.

In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

Coady understands political violence to include war as well as terrorism, interventionism, revolution and the violence of mercenaries. His discussion ranges widely over the concept of violence, terrorism, weapons of mass destruction and ethical issues surrounding mercenaries. Some of this has appeared in print before, but much of it is new.Although war is but one form of political violence, in his view, much of his concern is with the just war tradition. Contrary to some contemporary just war theorists, who question (...) whether war is presumptively wrong, he takes the just war tradition to counsel against war unless strict conditions are met. He thinks that these conditions can be met, but apparently only rarely. He follows many contemporary writers, however, in seeing the just war tradition as an alternative to the traditions of realism and pacifism, both of which he examines critically.Coady's discussion of terrorism is particularly timely. He rejects the tendency to view …. (shrink)

Political violence in the form of wars, insurgencies, terrorism and violent rebellion constitutes a major human challenge. C. A. J. Coady brings a philosophical and ethical perspective as he places the problems of war and political violence in the frame of reflective ethics. In this book, Coady re-examines a range of urgent problems pertinent to political violence against the background of a contemporary approach to just war thinking. The problems examined include: the right to make war and conduct war, terrorism, (...) revolution, humanitarianism, mercenary warriors, the ideal of peace and the right way to end war. Coady attempts to vindicate the contemporary relevance of the just war tradition to current problems without applying the tradition in a merely mechanical or uncritical fashion. (shrink)

This article is concerned with a distinction Jeff McMahan draws between just and justified wars. It argues that this distinction does not accord with the content of McMahan’s conceptual distinction between just and justified threats; nor does it correspond with the way in which McMahan applies this distinction to the jus in bello tactical bomber scenario. McMahan claims that the tactical bomber’s conduct, assuming it foreseeably causes collateral damage, can only be justified, but not just, while war can be just (...) despite foreseeably resulting in the killing and maiming of innocent people. This claim is incoherent. The incoherence can be overcome, though, within McMahan’s own conceptual framework. For contingent reasons that have to do with the nature of at least modern warfare, justified wars are virtually always unjust. Since agents are generally morally required to prevent themselves from getting into situations in which they can (or must) perform morally justified acts that are unjust, distinguishing between these two types of war is not merely a matter of terminology. This article is a plea for the recognition of the tragedy of justified wars, a tragedy which is only authentic if it could not have been prevented by the agents who wage these wars. (shrink)

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)

Most individuals realise that we have a moral obligation to avoid the evils of war. But this realization raises a host of difficult questions when we, as responsible individuals, witness harrowing injustices such as ""ethnic cleansing"" in Bosnia or starvation in Somalia. With millions of lives at stake, is war ever justified? And, if so, for what purpose? In this book, Richard J. Regan confronts these controversial questions by first considering the basic principles of just-war theory and then applying those (...) principles to historical and ongoing conflicts. Part One presents two opposing viewpoints: first, that war is not subject to moral norms and, second, that war is never morally permissible. The author rejects both perspectives, and moves to define the principles of just-war theory. He evaluates the roles of the president, Congress and, most importantly, the UN Security Council in determining when long-term US military involvement is justified. The moral limits of war conduct and the moral problem of using, or threatening to use, nuclear weapons are also discussed. On the just cause to wage war, Regan argues that defense of nations and nationals - whether in self-defense or in defense of others - remains the ""only"" classical cause that in the modern world would justify resorting to war. With respect to military intervention in secessionist and revolutionary wars, he contends that such intervention might be justified, but that prudence dictates extreme caution. In considering acceptable war conduct, Regan elaborates the specific principle of discrimination and proportionality; he maintains that civilians uninvolved in the enemy's war should not be directly targeted and that the costs of military action must be proportionate to the anticipated benefits of destroying military targets. The second part of the book presents case studies of eight historical wars - World War I, the Vietnam War, the Falklands War, the revolution and civil war in Nicaragua, the civil war in El Salvador, the Gulf War, the intervention in Somalia, and the Bosnian War - and poses several provocative questions about each. It invites readers and students to apply just-war principles to complex war-related situations and to understand the factual contingencies involved in moral judgements about war decisions. The book should be of particular interest to students of the moral issues of international relations and to readers interested more generally in philosophy, theology and political science. (shrink)

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. -/- The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: -/- • What role do the traditional elements (...) of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? -/- • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? -/- • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? -/- • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? -/- • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? -/- Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. -/- This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies. (shrink)

In "The Ethics of America's Afghan War," Richard W. Miller argues that reflecting on whether and how to end the war in Afghanistan exposes serious deficiencies in just war theory. I agree, though for different reasons than those canvassed by Professor Miller.