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)

Michael Walzer suggests that our common beliefs about individual responsibility and liability become largely irrelevant in the conduct of war. In conditions of war, everything is changed. Political realists have claimed that war eliminates morality; Walzer claims that war collectivizes it. I believe that conditions of war change nothing at all; they simply make it more difficult to ascertain relevant facts. This is not to say that the principles and laws that do or should govern the activity of war are (...) identical to those governing relations among individuals. Just as domestic law cannot simply restate the principles of individual morality, because the declaration and enforcement of laws have effects that must be taken into account in the formulation of the law, so too the principles, conventions, and laws of war cannot simply restate the principles of individual or international morality. The rules of war have to accommodate our epistemic limitations and to be formulated with a regard for the ways in which their announcement is likely to affect people’s behavior. But they should otherwise reflect as closely as possible the.. (shrink)