Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in Article 2[4] (...) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

Armed conflict in Darfur, west Sudan since 2003 has led to the influx of about 100 international humanitarian UN and non-governmental organizations to help the affected population. Many of their humanitarian i...

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm (...) of warfare. International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

The purpose of this article was focused on analyzing the adjacent factors related to human rights in women victims of sexual violence in the context of the armed conflict. The quantitative method of descriptive approach was selected under the systematic review technique using the PRISMA guide. As a result, it was obtained that women continue to be instrumentalized in wars, their physical and psychosocial vulnerability persisting in all spheres of life; This being a phenomenon that continues to growglobally given (...) the characteristics associated with political, social and religious structures. As a conclusion, it was identified that, although there are jurisprudential guidelines and policies, these are insufficient and do not protect the human rights of women victims. (shrink)

Employing the framework of conflicting goals in democracy promotion as departure point, the paper addresses the issue of arms exports to non-democratic countries as an important research topic which points to a reconsideration of certain fundamental conceptual and normative commitments underpinning democracy promotion. Empirically, we remind of the lingering hypocrisy of Western arms exporters, knowing that exports to non-democratic countries often hinder or block democratisation. This is not easily circumvented, because of the many conflicting objectives both internal and external to (...) democracy promotion itself. Yet democracy and human rights promotion remain, ethically and pragmatically, important policy goals. Noting that the self-evident character of the state-based liberal democratic model is being increasingly questioned in the literature, we then critically explore a radical if surprisingly natural alternative vision: Namely that if the commitment to democracy and human rights is to be genuine, only global democracy remains a viable way of resolving the many dilemmas, as it aspires to deal both with regulating arms exports and building of accountable decision-making structures. Although we ultimately reject the globalist solution and lean towards a less radical constructivist approach, we endorse the underlying rationale, namely that democracy promotion needs to sincerely embrace normative democratic theory. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

In the history of statehood, separatism is a natural phenomenon rather than something unusual. Separatism is mostly perceived as a group’s seeking to separate one part of the territory of a given country from the rest in order to create a new state organism (secessionism) or to unify within one country lands inhabited by people that form a single ethnocultural community (irredentism). Sometimes the idea of separatism serves as a negotiating strategy for a regional group to get from the state (...) authorities benefits that are minor in comparison to territorial separation, e.g., the governance of a regional community within the framework of territorial autonomy, or better conditions for a region’s integration with the rest of the country. It is often the case, especially during a long-lasting intensification of a regional conflict, that separatism becomes the ideological legitimization for the outbreak and continuance of armed conflict, while the conflict itself turns into a way of life for at least some of its initiators and participants. Postcolonial Africa has been and will be experiencing conflicts of a separatist nature. One example of separatism in Africa that is extremely complex and interesting to the researcher in such problems is the conflict that has taken place since 1983 in the Senegalese region of Casamance. (shrink)

Efforts to ban Autonomous Weapon Systems were both unsuccessful and controversial. Simultaneously the need to address the detrimental aspects of AWS development and proliferation continues to grow in scope and urgency. The article presents several regulatory solutions capable of addressing the issue while simultaneously respecting the requirements of military necessity and so attracting a broad consensus. Two much stricter solutions – regional AWS bans and adoption of a no first use policy – are also presented as fallback strategies in case (...) achieving AWS’ compliance with the Laws of Armed Conflict proved elusive. Together, the solutions presented form an outline of a flexible regulatory strategy able to adjust to different technological outcomes and providing a sensible compromise to solve the current deadlock on the AWS issue. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

This paper argues that there is an urgent need for an international doctrine for cyberspace skirmishes before they escalate into conventional warfare.

Not only the direct physical experiences of deployment can severely harm soldiers’ mental health. Witnessing violations of their moral principles by the enemy, or by their fellow soldiers and superiors, can also have a devastating impact. It can cause soldiers’ moral disorientation, increasing feelings of shame, guilt, or hate, and the need for general answers on questions of right and wrong. Various attempts have been made to keep soldiers mentally sane. One is to provide convincing causes for their deployment, which (...) risks an “end justifies the means” way of thinking. The good cause can provide a moral justification for horrible atrocities. Another method, introduced in the USA, Canada, and Australia, aims to strengthen military personnel’s resistance by promoting and maintaining a happy, optimistic state of mind through the use of positive psychology. Alongside making soldiers “morally fit” for all kinds of situations, the focus could also be on moral recovery and forgiveness. Such a care-based military ethics approach, aimed at mutual understanding and interdependence, could help soldiers handle the emotional impact of moral conflicts. This demands that military units reflect on their organizational culture and rethink oaths and codes of conduct that focus mainly on efficiency and readiness, as well as the soldierly self-image with its seemingly still deeply rooted warrior ethos. Today, resilience and positive psychology in the military is apparently mainly geared to assuring its soldiers’ readiness. An appropriate set of virtues and understanding of virtue ethics that are less centered on self-perfection and autonomy could point to a different form of character-building and lead to a better understanding of others. (shrink)

The Laws of Armed Conflict require that war crimes be attributed to individuals who can be held responsible and be punished. Yet assigning responsibility for the actions of Lethal Autonomous Weapon...

Abstract: Colombia's armed conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time.

THE CONGRESS The infrastructure of the colonial territories obeyed the logic of economic exploitation, territorial domain and commercial dynamics among others that left deep marks in the constructed landscape. The rationales applied to the decisions behind the construction of infrastructures varied according to the historical period, the political model of colonial administration and the international conjuncture. This congress seeks to bring to the knowledge of the scientific community the dynamics of occupation and transformation of colonial territory, especially related to and (...) resulting from the war effort, which involved not only the agency of architecture and urbanism but also of military apparatus, and its repercussions in the same territories as independent countries. Colonial infrastructures will be addressed to question, for instance, how housing production during armed conflict has conditioned future spatial models of the independent countries or what options taken by colonial administrations were abandoned or otherwise strengthened after independence. The congress is part of the ongoing research project entitled “ARCHWAR - Dominance and massviolence through Housing and Architecture during colonial wars. The Portuguese case (GuineaBissau, Angola, Mozambique): colonial documentation and post independence critical assessment” funded by ‘Fundação para a Ciência e Tecnologia’ (FCT - Foundation for Science and Technology), ref. PTDC/ART-DAQ/0592/2020, in which Calouste Gulbenkian Foundation (FCG) is a partner. The general goal of the congress is to debate on the repercussions of the decisions taken by the colonial states in the area of territorial infrastructures – in particular through the disciplines of architecture and urbanism – in post-independence spatial and urban models and the formation of independent countries with a colonial past. (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)

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)

War as intense armed conflict between states, governments, societies, or para groups, such as mercenaries, insurgents, etc is not old fashion but continues to be the vibrant and violet of society (ies). Many literatures relating to the war, Just war and just war theories pay attention mainly at the conflicts as a main cause of war but pass by about the cause of conflicts leading to the war. The objective of this paper is thus, to assess sources (...) of conflicts leading to the war, and come up with recommendation to narrow situations provoking conflicts leading to the war. Research approach employed was qualitative to qualify ideas and opinions of scholars, who conducted researches on war, just war and just war theories; books, journals and internet sources dedicated to the cause and consequences of war and sources concerned with the Jus Ad Bellum, Jus in Bello and Jus post Bellum have been reviewed. It was found that ambitions of humans to realize their unlimited natural rights, such as economic rights, political rights and extreme desire to un equitable utilization of such rights cause a war of “all against all”. The study recommends that authority better to avoid or reduce extent of conflict among humans, and humans to learn limit their unlimited natural rights for the sake of peace and security of the business. Key words: war, Just war theories, Jus Ad Bellum, Jus in Bello, Jus post bellum. -/- . (shrink)

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in (...) Michael Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it. (shrink)

El conflicto armado colombiano, uno de los más largos del mundo, requiere un enfoque especial para estrategias de justicia transicional. Las prácticas institucionalizan costumbres. Enfocarlo desde una perspectiva que, junto a las acciones legislativas y judiciales, dé el lugar a acciones político-educativas y ético-culturales, es clave. Reconocimiento y Legitimidad son complementarias. Con Carlos S. Nino, vemos el Derecho como acción colectiva en el tiempo. Palabras clave: Legitimidad – Ciudadanía – Compromiso – Reconocimiento –Postconflicto - Justicia transicional. Abstract: Colombia's armed (...) conflict, one of the longest in the world, requires a special approach to transitional justice strategies. Institutionalized practices customs. Approach it from a perspective that, with the legislative and judicial actions, give rise to political-educational and ethical-cultural actions is key. Recognition and legitimacy are complementary. With Carlos S. Nino, we see the law as a collective action in time. (shrink)

In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...) complete defense to a charge of war crimes. In the words of the Nuremberg court: “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent”. This means that military personnel cannot evade responsibility for their actions under orders. But when and under what conditions should military personnel disobey orders? If obedience is sometimes morally wrong, how can obedience be a military virtue? In this chapter I argue that the only plausible conception of military obedience as a virtue is reflective obedience: obedience governed and constrained by the ends of the military profession serving a legitimate state and by the laws of armed conflict. Section 1 explains the concept of obedience and outlines the idea of virtuous obedience. Section 2 explores when the military has legitimate authority to compel obedience. Section 3 concludes by exploring the limits on obedience that derive from the military’s status as a profession and the legitimacy of the military’s authority to issue orders. (shrink)

Vulnerability and politics are among the relevant and key topics of discussion in the Ethiopian healthcare context. Attempts by the formal bioethics structure in Ethiopia to deliberate on ethical issues relating to vulnerability and politics in healthcare have been limited, even though the informal analysis of bioethical issues has been present in traditional Ethiopian communities. This is reflected in religion, social values, and local moral underpinnings. Thus, the aim of this paper is to discuss the bioethical implications of vulnerability and (...) politics for healthcare in Ethiopia and to suggest possible ways forward. First, we will briefly introduce what has been done to develop bioethics as a field in Ethiopia and what gaps remain concerning its implementation in healthcare practice. This will give a context for our second and main task – analyzing the healthcare challenges in relation to vulnerability and politics and discussing their bioethical implications. In doing so, and since these two concepts are intrinsically broad, we demarcate their scope by focusing on specific issues such as poverty, gender, health governance, and armed conflicts. Lastly, we provide suggestions for the ways forward. (shrink)

Troubled times often gives rise to great art that reflects those troubles. So too with political theory. The greatest work of twentieth century political theory, John Rawls's A theory of justice, was inspired in various respects by extreme social and economic inequality, racialized slavery and racial segregation in the United States. Arguably the most influential work of political theory since Rawls—Michael Walzer's Just and unjust wars—a sustained and historically informed reflection on the morality of interstate armed conflict—was written in (...) the midst of the Vietnam War. It should be no surprise, then, that the bellicose period of the past 20 years should give rise to a robust new literature in political theory on the morality of armed conflict. It has been of uneven quality, and to some extent episodic, responding to particular challenges—the increased prevalence of asymmetric warfare and the permissibility of preventive or preemptive war—that have arisen as a result of specific events. In the past decade, however, a group of philosophers has begun to pose more fundamental questions about the reigning theory of the morality of armed conflict warfare—just war theory—as formulated by Walzer and others. Jeff McMahan's concise, inventive and tightly argued work Killing in war is without doubt the most important of these challenges to the reigning theory of the just war. This review article discusses McMahan's work, some of the critical attention it has received, and its potential implications for practice. (shrink)

The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist (...) activity is somehow distinguished and gives special privileges to a state that fights it. The practical implication of my analysis is that one of the most spectacular targeted killings, which was the targeting and killing of Osama bin Laden in May 2011, was not justified, because it was only supposed to be a retribution for the September 11th terrorist attacks. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have unleashed (...) a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

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)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too quick. (...) First, it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to which they align (...) with the current practices that they are intended to justify. (shrink)

The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires extensive (...) testing of specific models to verify compliance in realistic combat situations; working on appropriate testing regimes is also one of the most important future tasks for AWS ethics. In this context, however, it is easy to refute the claim put forward by prohibitionists that AWS violate LOAC a priori. A state’ s right to ensure security and the protection of human rights through military capacity has a high ethical value. Other arguments against the use of AWS that are not based on LOAC conformity must therefore meet a substantial burden of proof, as they call on governments to abandon a military technology which is at least potentially transformative. None of those objections meet this standard. They include not only culturally or even individually divergent norms and ideas regarding the use of weapons, but also consequentialist (security policy) concerns on the one hand and so-called deontological arguments on the other. While the former at least point to the need for essential regulation, the latter are based on rather dubious premises. For the purposes of solutions beneficial to humanity, prohibitionist should formulate narrower and more specific points of criticism. (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that (...) child soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

Cicero’s ethical and political writings present a detailed and sophisticated philosophy of just war, namely an account of when armed conflict is morally right or wrong. Several of the philosophical moves or arguments that he makes, such as a critique of “Roman realism” or his incorporation of the ius fetiale—a form of archaic international law—are remarkable similar to those of the contemporary just war philosopher Michael Walzer, even if Walzer is describing inter-state war and Cicero is describing imperial war. (...) But if it is clear that Walzer presents a detailed philosophy of just war, then I argue we should draw the same conclusion for Cicero. The result is a deeper appreciation of the insight and novelty of Cicero’s view of just war. The paper concludes by arguing against the claim that Cicero’s philosophy of just war is derivative from the Stoic philosopher Panaetius, whom Cicero drew upon in the organization of his On Duties. Just as Walzer’s Just and Unjust Wars was written in response to America’s war in Vietnam, Cicero’s just war philosophy was written in response to the wars (both civil and external) of Gaius Caesar. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...) as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of (...) morals and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Military recruitment campaigns emphasize adventure, skills and camaraderie but rarely mention the moral complexities of armed conflict. Enlisting in state armed forces poses the risk of being complicit in unjust wars and associated war crimes. For prospective recruits concerned with morality, the decision is challenging. The probability of wrongdoing alone does not settle the matter; many lawful activities increase risks of future wrongdoing. The permissibility of enlisting depends on weighing expectations of doing good versus wrong. -/- Armed (...) forces provide security and humanitarian aid, so members often do much good. To assess individual decisions, consider whether the institution itself is justified. “Minimal justification” means armed forces cause less wrong than having none. “Full justification” means they cause less wrong than feasible alternatives. If justified, the participation needed for functioning should be permitted; volunteers take risks knowingly. -/- If minimally justified, either participation is permitted as above, or impermissible "dirty hands" roles are required, and either conscription distributes burden fairly or volunteers show "moral courage". The real question is institutional justification, not individual permissibility. To argue enlisting is impermissible implies arguing for disbanding the military. -/- If state armed forces are at least minimally justified, enlisting is likely morally permitted or even praiseworthy. Prospective recruits should consider institutional justification and expectations of contributing to good and wrong before deciding the morality of enlisting. For morally conscientious individuals, complex realities of armed conflict pose difficult questions with no easy answers. (shrink)

This chapter considers how the adoption of autonomous weapons systems (AWS) may affect jus ad bellum principles of warfare. In particular, it focuses on the use of AWS in non-international armed conflicts (NIAC). Given the proliferation of NIAC, the development and use of AWS will most likely be attuned to this specific theater of war. As warfare waged by modernized liberal democracies (those most likely to develop and employ AWS at present) increasingly moves toward a model of individualized (...) warfare, how, if at all, will the principles by which we measure the justness of the commencement of such hostilities be affected by the introduction of AWS, and how will such hostilities stack up to current legal agreements surrounding their more traditional engagement? This chapter claims that such considerations give us reason to question the moral and legal necessity of ad bellum proper authority. (shrink)

In this chapter, I explore the importance of ethics education for senior military officers with responsibilities at the strategic level of government. One problem, as I see it, is that senior commanders might demand “ethics” from their soldiers but then they are themselves primarily informed by a “morally skeptical viewpoint” (in the form of political realism). I argue that ethics are more than a matter of personal behavior alone: the ethical position of an armed service is a matter of (...) the collective responsibility of the people who constitute it, and senior military officers, having authority to give the orders, have a particularly important role. First, I discuss the continued prominence of a neorealist mindset in strategic thinking. Neorealist theory assumes that ethics is a largely irrelevant concern for strategic decision-makers. In contrast, I argue that consideration of moral values should be at the center of strategic theory and practice. Then, in the second section, I explore the “professional ethics” of senior military officers in order to develop an appreciation of the shared values and expectations regarding required conduct within any professional military service. I argue that senior military leaders should be concerned with what it means to be “good” and that this concept of the good can, and should, be applied across cultures and national boundaries. In the final section, I examine armed conflict and briefly discuss the moral reasoning involved to justify deliberate killing and destruction. I conclude that senior military officers require an understanding of sound moral reasoning to implement effective strategy. (shrink)

Health care providers (HCPs) are routinely placed into morally challenging situations that have the potential to cause moral distress. This is especially true for HCPs working in the military, whether they are on deployment outside their typical contexts of practice such as in disaster relief (e.g., Haiti and the Ebola missions in West Africa), or in more typically military settings such as peace keeping or armed conflicts (e.g., Afghanistan, Syria). Moral distress refers to “painful feelings and/or psychological disequilibrium” (...) (Nilsson, Sjöberg, Kallenberg, & Larsson, 2011, p. 50) that occur when an individual is aware of a morally appropriate action in a moral dilemma but obstruction prevents them from carrying it out, or when in a situation where they must choose between upholding equally treasured but conflicting moral values. Similarly, moral distress can occur when faced with a ‘tragic choice’ where all available courses of action require something of moral significance to be given up, such as surgical triage in a mass casualty event (Hunt, Sinding, & Schwartz, 2012). In the literature, moral distress has been connected to negative psychological effects and even stress related mental health issues including compassion fatigue, burnout, and post-traumatic stress disorder (Owen & Wanzer, 2014; Gustafsson, Eriksson, Strandberg, & Norberg, 2010; Litz, et al., 2009). (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)

It is widely thought that stealing, trading and destroying cultural artifacts in time of war are inherently immoral actions, and that it is right that they be treated as war crimes, which, indeed, they currently are. But oppressive cultures have their heritage and cultural artifacts too, in the form of monuments, sites of worship, and so on; and for the oppressed, these things may be awful reminders of their subordination, and may even perpetuate it. This chapter suggests that, since cultural (...) objects can be both tools and symbols of unjust oppression, their theft and destruction ought to be seen as appropriate when this would be a means of overcoming oppression. Whatever current law may say, in these instances, it would be morally inappropriate to count such acts as war crimes. Furthermore, it is bizarre that theft and destruction of cultural property are counted as war crimes when soldiers killing each other is not (due to combatant immunity). Surely killing is worse than property destruction and theft. It is therefore argued that, where possible, it would be better for conflicts to be fought using the latter methods. Finally, the chapter responds to many objections to using theft and destruction of cultural property as a method of warfare. E.g. to the objection that such property has timeless, trans-cultural, aesthetic, historical and scientific value, it is replied that justice is a more important value; and to the objection that these practices amount to cultural genocide it is replied that unjust cultures have no right to exist unmodified. (This chapter was formerly entitled: "Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict." The PhilPapers archived version is a pre-penultimate version of the published version.). (shrink)

The purpose of this article is to present the main contributions to peace, democracy, and the philosophy of education in Colombia, made by philosopher Guillermo Hoyos-Vásquez (Medellín, 1935 – Bogotá, 2013). The work of this Colombian philosopher stands out for its important contributions to political philosophy as the vital, supportive, and responsible exercise of thought concerning the public interest. Using Kant’s concept of practical reason, Husserl’s lifeworld [Lebenswelt], and Habermas’s communicative action as starting points, Hoyos-Vásquez succeeded in going beyond these (...) political philosophers by trying to apply their ideas in the midst of the difficult context of corruption, drug trafficking and armed conflict in Colombia over the past five decades. At the same time, Hoyos-Vásquez developed throughout his life a varied public activity as a thinker and educator, belying the myth of the theoretical distance between the philosopher and his/her political present or historical reality. The thought of Guillermo Hoyos-Vásquez, and his public action as an educator, represent a substantial contribution to contemporary political and educational philosophy, maintaining a close connection between theory and practice. (shrink)

On September 11, 2001, Americans were painfully reminded of a truth that for years had been easy to overlook, namely, that terrorism can affect every person in the world – regardless of location, nationality, political conviction, or occupation – and that, in principle, nobody is beyond terrorism’s reach. However, our renewed awareness of the ubiquity of the terrorist threat has been accompanied by wide disagreement and confusion about the moral status of terrorism and how terrorism ought to be confronted. Much (...) of the disagreement and confusion, I contend, is rooted in an inadequate understanding of just what it is that constitutes terrorism. In this paper, I offer the beginnings of a response to the challenge of terrorism by providing an account of what terrorism is and of some of the philosophical issues involved. My account is divided into two sections. In the first section I examine some of the difficulties involved in defining terrorism, and show that some of the most common “ordinary” understandings of terrorism are inadequate. In the second section I offer a working definition of terrorism that overcomes many of the difficulties outlined in the first section. I argue that terrorism consists in the use of “systematically unsystematic” violence (whether directed at combatants or noncombatants), and that the random or indiscriminate character of terroristic violence points us in the direction of seeing what is distinctively wrong with it. The fundamental problem is that terrorism is not committed to any rules of armed conflict or any principles that would facilitate the eventual containment or termination of the conflict. (shrink)

In a recent article Yvonne Chiu argues that nonuniformed combat is impermissible. However, her argument that by fighting without uniforms nonuniformed guerillas coerce civilians into participating in the armed conflict and thus into surrendering their immunity (their right not to be attacked) fails: there is no coercion, no participation, and no surrendering of immunity. Yet even if this argument of hers were correct, it would still not show that such “coercion” would amount to a rights infringement. Moreover, even if (...) it did, there are examples that show that such an infringement would sometimes be perfectly justified. Finally, if she were right that forcing civilians into a moral position that they have not accepted or chosen is absolutely wrong, then this would affect the moral status of uniformed combatants no less than it would affect the moral status of nonuniformed ones. (shrink)

This topic focuses on the problems that arise in providing medical care to the population during armed conflict or martial law. Under such conditions, hospitals, clinics, and other healthcare facilities have to work in challenging circumstances with limited resources and reduced security for medical personnel. This topic explores such issues as how martial law affects the work of medical institutions, what problems arise in providing medical care to the population in war, how war affects the health of the people, (...) and what consequences it may have in the long term. Research in this area will help to understand how to organize better and prepare medical facilities to work in war conditions and ensure high-quality medical care to the population in emergencies. The methods used to write this article were analysis, synthesis, generalization, explanation, and data qualification. The primary and fundamental sources for writing an article may vary depending on the topic, but generally, the following sources can be recommended. Academic studies: these can be scholarly articles, monographs, dissertations, conference papers, and other materials related to the topic of your article. These sources can help you find information about the latest research in the field and allow you to see the approaches and methodologies used in the studies. Official sources: These can be legal documents, reports, regulations, guidelines, and other materials issued by government agencies, ministries, and other departments. These sources can help you understand the rules and regulations governing your article's topic. Expert reviews: these can be interviews with experts in the field, articles, and other materials written by well-known specialists. These sources can help you understand the views and opinions of well-known experts on the issues related to your paper. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the (...) ethics of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

A child, according to Nigerian law (2019), "is a conceptualized term used for anybody that is 14 years old and below." Anshana Arora (2020) found that Africa’s child population will reach 1 billion by 2055, making it the largest child population among all continents. Yet, according to a recent report by UNICEF (2020), between 2005 and 2020, more than 93,000 children were verified as "child soldiers," used in different armed conflicts in Africa. Other cases document girls being treated (...) as slaves, forced to work day and night peddling goods in the market. Additionally, there is widespread systemic abuse of children in Africa. This paper, therefore, explores the children of Africa: child soldiers and child labour; and the potential solutions for ending the plight of exploited children. Using the analytic method, an endeavor was made to show the implication of child labor and child soldiers in Africa. The paper concluded that ending the recruitment of children into violent conflict is possible by addressing the root causes of child exploitation, which can be achieved through the proactive creation of good policies, re-education, and skill development training and advocacy programs. (shrink)

Abstract. An early perception of pacifism was known even in Latium, a small area in Ancient Rome. Its meaning, in the language then spoken, arose from the word (ficus) that personifies the very coming into being of harmonious relations between nations (pax). In other words, the term portrays creation of peace on a continuum from complete to moderate resistance to armed conflict while different arguments of abstract, spiritual and scriptural nature defend its core. Pacifism maxim that war is wrong (...) as killing is wrong belongs to the primary theory virtues that the paper will attempt to visualize in sections of absolute, deontological, and consequentialist conviction as well as that of contingent belief and civil rights movements. Another hallmark refers to pacifists’ belief in nonviolence as what only defends the innocent or prevents breaking out the conflict. The theory disapproves armed dispute; it simultaneously means moderate opposition and denial of cruelty in building peace. It is concentrated on overruling war and represents, at the core, a moral attitude calling upon political philosophy to uphold the principled negation of war. Violence nowadays is an inevitable part of life, but insisting that taking up arms is not a part of the solution is what permeates discourses too. -/- Key words: pacifism, absolutist, deontological, consequentialist, contingent. (shrink)

Human rights are grand political philosophy of the modern times, thus no wonder as a language of progressive politics which once was discourse of social emancipation (Boaventura Santos, 2002), has transcended national boundaries to become aspiration of humankind (Samul Moyn (2010), and is a commonly shared bulwark against evil (Lynn Hunt, 2007). Centred upon moral belief propelled on metaphysical moral assumption with its origin in Christianity pity and Enlightment discourse, however, human rights have become a sort of moral imperialism of (...) our time which exclude and include humanity on the basis of coloniality of power (Anibal Quijano, 2007). Although human rights are site of contentious discourse (Issa Shivji, n.d.) however, rights did not disappear in action and thought, but discussion shifted within national frameworks, in fact, “human rights when belief in them have become more widespread (Lynn Hunt, p.134, 2007)”. The combination of emotional/moral appeal and lack of conceptual clarity makes human rights immensely effective as a rhetorical tool and serve as a moral apparatus for humanitarian intervention into the third world countries. Both, the just war tradition and those who theorize the ethics of the law of armed conflict have taken moral and political reality of human rights seriously. Taking anti-foundational approach by challenging its main elements such as ‘universality’ and ‘morality’ this paper would argue that moral premises of human rights is flawed. (shrink)

Political violence is a broad term that is often identified with acts of violence perpetuated by individuals or the state with the lone purpose of achieving political goals. Political violence may come in two modes, either as political terrorism or counter terrorism. The former is determined as the aggressive manipulation of an individual’s judgments by threats and intimidations to achieve political change. Such intimidations are often perpetuated by non-governmental agents who act on the basis of a certain political ideology. The (...) latter presupposes the preventive measures the government is doing in fighting against all forms of terrorism, which in the process will inevitably lead to war. War, in this regard, is conceived to be the lone and most feasible alternative, taken by the state, in order to resolve arm conflicts and political violence. With the intention that in so doing, the absolute welfare and well-being of the people is safeguarded and proliferated. It is for this reason that the paper intends to examine whether the well-being of the people is upheld if the state, inflicted with arm conflicts and terrorism, will engage with war against non-government agents. Moreover, the paper intends to examine, following Amartya Sen’s capability approach, how both of these forms of political violence affect the development of the individual. This paper, following Sen, adheres to the idea that any attempt of resolving violence by resorting to war is futile. War in all its form is destructive to the claim of individual development. The government that readily engages into war without having to consider first any democratic dialogues in solving arm conflicts is not fulfilling its task of protecting and prioritizing the development of the people. In war there is no individual development. (shrink)

Please contact me at [email protected] if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, prominently (...) advocating for a global preemptive ban on AWS development and use. Rejecting both positions, the author outlines a middle-of-the-road regulationist approach that is neither overly restrictive nor overly permissive. The disqualifying flaws of the rival prohibitionist approach are demonstrated in the process. After defining the core term of autonomy in weapon systems, the practical difficulties involved in applying an arms control regime to AWS are analyzed. The analysis shows that AWS are an extremely regulation-resistant technology. This feature when combined with their assumed high military utility makes a ban framework extremely costly to impose and enforce. As such it is ultimately very likely to fail at the benefit of the most unscrupulous international actors and at a very substantial risk to those abiding with international law. Consequently, to be ethically viable, a prohibitionist framework would need to offer substantial moral benefits impossible to attain through the rival regulationist approach. The remainder of the thesis undertakes to demonstrate that this is not the case. Comparing the considerations of military and strategic necessity to humanitarian concerns most commonly voiced by prohibitionists requires finding a common denominator for all values being referred to. Consequently, the thesis proceeds to show that both kinds of concerns are ultimately reducible to respect for basic human rights of all stakeholders, and so that the prohibitionist and regulationist approach may ultimately be compared in terms of consequences their adoption would generate for basic human rights realization. The author then evaluates both the potential humanitarian benefits, and the potential humanitarian hazards of AWS introduction. The benefits of leaving frontline combat to machines are outlined, with the unique kinds of suffering that would be abolished by such a development being described in detail. The arguments against AWS adoption are then divided into three classes: arguments related to alleged impossibility of compliance with The Laws of Armed Conflict, non-consequentialist and broad consequentialist arguments. This analysis, which comprises the greater part of the entire thesis, shows that the concerns behind compliance arguments are indeed substantial and have to be accommodated via a complex framework of best practices, regulations and localized restrictions on some kinds of AWS or AWS use in particular environments. They do not, however, justify a universal ban on using all the diverse forms of AWS in all environments. Non-consequentialist objections are found either reducible to other classes of arguments or thoroughly unconvincing, sometimes to the point of being actually vacuous. Broad consequentialist concerns are likewise found to be accommodable by regulation, empirically unfounded or causally disconnected from the actions of legitimate actors acquiring AWS, and therefore irrelevant to the moral permissibility of such actions. The author concludes that the proponents of prohibitionism are unable to point to moral benefits substantial enough to justify the costs and risks inherent in the approach. A global ban is, in fact, likely to have a worse humanitarian impact that well-regulated AWS adoption even if the strategic risks are disregarded. On the other hand, the analysis shows that there indeed exists an urgent need to regulate AWS through a variety of technological, procedural and legal solutions. These include, but are not limited to, a temporary moratorium on anti-personnel AWS use, development of internationally verified compliance software and eventual legal requirement of its employment, a temporary moratorium on AWS proliferation to state actors and a ban on their proliferation to non-state agents. (shrink)