Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The (...) precedents of Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (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)

Humans and artificial intelligences (AI) will increasingly participate digitally and physically in conflicts yet there is a lack of trusted communications across agents and platforms. For example, humans in disasters and conflict already use messaging and social media to share information, however, international humanitarian relief organisations treat this information as unverifiable and untrustworthy. AI may reduce the ‘fog-of-war’ and improve outcomes, however current AI implementations are often brittle, have a narrow scope of application and wide ethical risks. Meanwhile, human (...) error causes significant civilian harms even by combatants committed to complying with international humanitarian law. AI offers an opportunity to help reduce the tragedy of war and better deliver humanitarian aid to those who need it. However, to be successful, these systems must be trusted by humans and their information systems, overcoming flawed information flows in conflict and disaster zones that continue to be marked by intermittent communications, poor situation awareness, mistrust and human errors. In this paper, we consider the integration of a communications protocol (the ‘Whiteflag protocol’), distributed ledger technology, and information fusion with artificial intelligence (AI), to improve conflict communications called “Protected Assurance Understanding Situation & Entities” PAUSE. Such a trusted human-AI communication network could provide accountable information exchange regarding protected entities, critical infrastructure; humanitarian signals and status updates for humans and machines in conflicts. Trust-based information fusion provides resource-efficient use of diverse data sources to increase the reliability of reports. AI can be used to catch human mistakes and complement human decision making, while human judgment can direct and override AI recommendations. We examine several case studies for the integration of these technologies into a trusted human-AI network for humanitarian benefit including mapping a conflict zone with civilians and combatants in real time, preparation to avoid incidents and using the network to manage misinformation. (shrink)

The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty of states (...) and the principle of nonintervention. Second, I offer a decision-making procedure for justified intervention. Finally, I argue that there is an important difference between the strategic argument and the humanitarian argument, a difference that may have profound implications for the future use of the latter argument by our political leaders. (shrink)

This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) class='Hi'>laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the (...) opposite. LAWS may very well reduce suffering and death in war. Rather than banning them, they should be regulated, to ensure both compliance with international humanitarian law, and that this positive outcome occurs. This policy memo sets out the basic structure and content of the regulation required. (shrink)

This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal pluralism and cosmopolitan ethics, arguing that (...) divergent legal jurisdictions without an international authority necessitates a “public international sphere” to mediate differences leading to strong value-commitment norm-creation. One such norm is the “no-harm” duty in warfare. Part 4 traces the duty to the Stoics, Christianity, Islam, Judaism, African traditional culture, Hinduism, and Confucianism. Parts 5 and 6 explain how the duty manifests in principles of distinction and proportionality under international humanitarian law. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not (...) take responsibility away from humans; in fact they increase the abil-ity to hold humans accountable for war crimes. Using LAWS in war would probably reduce human suffering overall. Finally, the availability of LAWS would probably not increase the probability of war or other lethal conflict—especially as compared to extant remote-controlled weapons. The widespread fear of killer robots is unfounded: They are probably good news. (shrink)

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly (...) force; robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

The research identified the key element on P. R. China’s incentives in modern history on techtransfer practices. With reviewing on the state funding surrogacy in the natural sciences, the author identified the key militant coercive contracting clauses in the document of the National Natural Science Foundation of China. With its combined workings with the statutory & martial laws, the analysis takes a com- parative culture approach that partially counteracts the work of the “United Front Working Group of the CPC”, (...) which constitutes as the major cyber espionage organization that manifests upon the communication & information technologies. The “United Front”’s work has substabtially undermined the premices of market economy and eroded the markets’ self-organizing & self-regulating functionalities. With heterogenous semantic networks taken into consideration, the psychosociological elements were taken into consideration even with the psychological data codings in the semantic networks of P. R. China. (shrink)

The article analyzes the legislative issues on equal marriage in P. R. China. It adopts a path dependency analysis on the liberal institutional order’s effects to the regime’s structural discrimination on the lesbian, gay, bisexual, and transgender (LGBT) population. The research adopted a duo-lingual paradigm on Christianity with intercultural and transnational interpretations, and the research found the mis-adaption of language in the Chinese text of the United Nations charter is the key source to the suppression of the LGBT population in (...) mainland China. Furthermore, theological development for sexually diverse interpretations of the Bible is essential to mitigate the stigmatization of the LGBT population on a comparative constitutional review. (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)

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)

War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the force (...) of law; it provides, above all, a vocabulary to discuss war in moral terms. At the same time, the tradition does have an impact: it forms the basis of humanitarian law and the Geneva Conventions. Just like with laws, it is recognised here that imperfect adherence to these principles does not necessarily diminish their validity. Most proponents of the tradition believe that the principles of just war, even though some date back centuries, are sufficiently general to be applicable to contemporary conflicts, such as the Russo-Ukrainian War. If we apply the norms of the just war tradition to the current situation in Ukraine, we see that Russia is waging an unjust war in an unjust manner. (shrink)

Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and critique dignity-based (...) arguments against LAWS: argument from faulty targeting process, argument from objectification, argument from underappreciation of the value of human life and the argument from the absence of mercy. I conclude that the argument from the absence of mercy is the only dignity-based argument that is both valid and irreducible to another class of arguments within the debate, and that it offers insufficient justification for a global ban on LAWS. (shrink)

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain (...) is substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

We propose a multi-step evaluation schema designed to help procurement agencies and others to examine the ethical dimensions of autonomous systems to be applied in the security sector, including autonomous weapons systems.

The letter analyzes the country-specific structural stigma in the modern media development of People’s Republic of China. It raises the issues on unconventional cybersecurity risks in mental & psychological health with a lens of justice in gender & marriage, and critical discourses in the media environment with the Chinese revisionist nationalism. It studied media coercion in relation to the breaches of humanitarian law in the constitutionalism context of PRC, and adopted a critical theory approach to religion with the background (...) of the militarization of religion by the Chinese “United Front”. With the non-identity problem in the totalitarian regime, structural stigma is analyzed with coercion theory and religion in queer gender. Ménage à trois is justified by case specificity in human development and global economy. (shrink)

International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed by (...) background knowledge of event likelihood and severity. Further, it proposes a methodology to assess community risk appetite, emphasizing that such assessments and resulting tolerance levels should be determined through deliberation in a multistakeholder forum. The paper highlights the complexities of applying risk-based regulations to AWS internationally, particularly the challenge of defining a global community for risk assessment and regulatory legitimization. (shrink)

This is the short version, in French translation by Anne Querrien, of the originally jointly authored paper: Müller, Vincent C., ‘Autonomous killer robots are probably good news’, in Ezio Di Nucci and Filippo Santoni de Sio, Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. - - - L’article qui suit présente un nouveau système d’armes fondé sur des robots qui risque d’être prochainement utilisé. À la différence des drones qui sont manoeuvrés à distance (...) mais comportent une part importante de discernement humain, il s’agit de machines programmées pour défendre, attaquer, ou tuer de manière autonome. Les auteurs, philosophes, préfèrent prévenir de leur prochaine diffusion et obtenir des Nations Unies leur régulation. Une campagne internationale propose plutôt leur interdiction. (shrink)

Der Einfluss der Lehre vom gerechten Krieg bzw. der Idee des gerechten Friedens auf den Umgang mit heutigen Konflikten lässt sich besonders gut anhand der so genannten „humanitären Interventionen“ und dem aus dieser Praxis entwickelten neuen Ansatz der „Responsibility to Protect“ (RtoP/ R2P) bzw. Schutzverantwortung zeigen. Bei der Be- gründung als humanitär erachteter Interventionen seit den 1990er Jahren wurde und wird auf die Kriterien des gerechten Krieges bzw. gerechten Friedens zurückgegriffen. Nachfolgend spielten diese auch bei der Formulierung des Prinzips der (...) Schutzverantwor- tung eine wichtige Rolle und sind so erneut für die Ausbildung völkerrechtlicher Normen herangezogen worden. Im Folgenden soll zunächst kurz das Kernproblem humanitär begründeter Interventionen skizziert werden und in einem zweiten Schritt dann gezeigt werden, wie die Konzepte von gerechtem Krieg und gerechtem Frieden in der Denkweise und den Prinzipien der Schutzverantwortung verankert sind. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

My original contribution to knowledge is : Any weapon that exhibits intended and/or untended lethal autonomy in targeting and interdiction – does so by way of design and/or recessive flaw(s) in its systems of control – any such weapon is capable of war-fighting and other battle-space interaction in a manner that its Human Commander does not anticipate. Even with the complexity of Lethal Autonomy issues there is nothing particular to gain from being a low-tech Military. Lethal autonomous weapons are therefore (...) independently capable of exhibiting positive or negative recessive norms of targeting in its perceptions of Discrimination between Civilian and Military Objects, Proportionality of Methods and Outcomes, Feasible Precaution before interdiction and its underlying Concepts of Humanity. Additionally Lethal Autonomy in Human-interacting Autonomous Robots is ubiquitous[designed and/or recessive]. This marks the completion of an Open PhD ( #openphd ) project done in sui generis form. (shrink)

Autonomous Weapon Systems (AWS) are the next logical advancement for military technology. There is a significant concern though that by allowing such systems on the battlefield, we are collectively abdicating our moral responsibility. In this thesis, I will examine two arguments that advocate for a total ban on the use of AWS. I call these arguments the “Responsibility” and the “Agency” arguments. After presenting these arguments, I provide my own objections and demonstrate why these arguments fail to convince. I then (...) provide an argument as to why the use of AWS is a rational choice in the evolution of warfare. I conclude my thesis by providing a framework upon which future international regulations regarding AWS could be built. (shrink)

"Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.

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)

The paper follows the track of a previous paper “Natural cybernetics of time” in relation to history in a research of the ways to be mathematized regardless of being a descriptive humanitarian science withal investigating unique events and thus rejecting any repeatability. The pathway of classical experimental science to be mathematized gradually and smoothly by more and more relevant mathematical models seems to be inapplicable. Anyway quantum mechanics suggests another pathway for mathematization; considering the historical reality as dual or (...) “complimentary” to its model. The historical reality by itself can be seen as mathematical if one considers it in Hegel’s manner as a specific interpretation of the totality being in a permanent self-movement due to being just the totality, i.e. by means of the “speculative dialectics” of history, however realized as a theory both mathematical and empirical and thus falsifiable as by logical contradictions within itself as emprical discrepancies to facts. Not less, a Husserlian kind of “historical phenomenology” is possible along with Hegel’s historical dialectics sharing the postulate of the totality (and thus, that of transcendentalism). One would be to suggest the transcendental counterpart: an “eternal”, i.e. atemporal and aspatial history to the usual, descriptive temporal history, and equating the real course of history as with its alternative, actually happened branches of the regions of the world as with only imaginable, counterfactual histories. That universal and transcendental history is properly mathematical by itself, even in a neo-Pythagorean model. It is only represented on the temporal screen of the standard historiography as a discrete series of unique events. An analogy to the readings of the apparatus in quantum mechanics can be useful. Even more, that analogy is considered rigorously and logically as implied by the mathematical transcendental history and sharing with it the same quantity of information as an invariant to all possible alternative or counterfactual histories. One can involve the hypothetical external viewpoint to history (as if outside of history or from “God’s viewpoint to it), to which all alternative or counterfactual histories can be granted as a class of equivalence sharing the same information (i.e. the number choices, but realized in different sequence or adding redundant ones in each branch) being similar and even mathematically isomorphic to Feynman trajectories in quantum mechanics. Particularly, a fundamental law of mathematical history, the law of least choice of the real historical pathway is deducible from the same approach. Its counterpart in physics is the well-known and confirmed law of least action as far as the quantity of action corresponds equivocally to the quantity of information or that of number elementary historical choices. (shrink)

Traditional paradigm on marriage equality focused on a humanitarian appeal and was set as a path dependency model on marriage equality for the suppressed regions. However, such gender based focus has largely neglected the multilateral movements underlying the macro- political-economic structures that shaped law as a power political means. Consequentially, LGBTQI existence became marginalized from the public consciousness with structural realist state hierarchies that further undermines the fundamental freedoms of the LGBTQI popula- tion. This makes the question on LGBTQI (...) equal marriage from a simple humanitarian value based discourse to a macro-political-economy question. The article adopts the Maslow’s hier- archy of needs as the analytical framework on the developing country as the People’s Republic of China (PRC) in relation to multilateralism and global economy on the necessity to legalize LGBTQI marriage. (shrink)

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force (...) in a far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (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)

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)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

The history of European civilization is a clear evidence of cultural split into two parts: scientific-technical and humanitarian, which are determined by two types of thinking – mind and intellect. The development of natural and technical sciences, which are based on reasonable thinking, has resulted in rapid development of techniques and various technologies for the past 500 years. Whereas humanitarian sciences with their intellectual thinking fell behind the demands of time for hundreds of years. The precipice, which occurred (...) between two parts of a single culture, could be surmounted only with the aid of improving humanitarian thinking, moving it up into the position of mind and alongside the development of ethics as a strict theoretical science about morale. This in general outline can be presented with the example of mind-intellect interrelation in the history of antique philosophy and their influence on morale development. Distinguishing feature of ancient Greek philosophy is discovery of mind comprehended not so much as the ability to think but rather as ability to cognize the world from objective, identical for everyone, points of view, as resolution to consider knowledge, received by these means, as the highest instance in debates. Neither religion, nor intellectual subjective opinion of wisdom-fanciers was put into the first place by ancient Greek culture, but rather the knowledge, received in its rational-scientific form and radically different from opinion. However, contemporary humanitarians are unable to see the difference between mind and intellect, as far as their thinking does not exceed the limits of mind. The reason of created thesis is that philosophy yet in ancient times lost the essence of intellectual development trend and gave the way to intellectual thinking. Platon and Socrates had already taken intellect for the manifestation of mind. The last, who made an attempt to ground the difference between these two forms of thinking, was Aristotle who made it possible to identify the laws of formal logic, formulated by him, with laws of mind. Whereas in fact these were the laws of intellectual thinking. Since then humanitarians have not returned to the path of mind, paved by the first Greek Ionic thinkers. While possessing intellectual thinking and getting mixed up in the notions of «intellect» and «mind», caused by logical and causative-effective relations, contemporary humanitarians are unable to lead their sciences out of a dead-end, where ancient Greek philosophy got into after Heraclitus. (shrink)

The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too (...) high for him.”1 Presently the world is facing leadership crisis. We do not find a humanitarian global mindset of leaders in present times and that is the reason that this world despite of so many material developments is facing the crises of ethics, values and humanity. In the light of these insightful quotes of Greek thinkers, here I am going to discuss about the idea of the philosopher king or Rajrishi in Indian context. Rajarshi is an ancient Indian concept of ideal leadership is offered as a solution for the modern world. (shrink)

The collective monograph «Determinants of Innovation and Investment Development of Multisectoral Entrepreneurship, Tourism and Hospitality Industry» is devoted to the 20th anniversary of the Educational and Scientific Institute of Economics and Law of Cherkasy Bohdan Khmelnytsky National University and is a continuation of the research tradition on the development of entrepreneurship, innovation, finance, competition, accounting and auditing problems, tourism, hotel and restaurant business. The results of the scientific research presented in the collective monograph show the achievements of the representatives of (...) various scientific schools, allow analyzing the experience gained and, considering current economic and political realities, contribute to the scientific substantiation of the prospects for the development of entrepreneurship, tourism industry, hotel and restaurant economy, enrich the intellectual potential of higher schools. The topics of sections and subsections identify the problem issues of innovation, investment and information technology in entrepreneurship, consider the competitive environment in the field of entrepreneurship, investigate the financial-economic and social problems, various directions of tourism industry development, declared by the World Economic Forum jointly with the World Tourism Organization (UN WTO). Particular attention is paid to the development of new trends in the hotel and restaurant business. A common task for scientists, educators, and employers in the conditions of international environmental instability is the formation and dissemination of new knowledge to achieve ambitious goals concerning the entrepreneurship development of tourism, hotel and restaurant business. The proposed discussion of current issues, experience and recommendation exchange will contribute to problem solving, research intensifying in the specified areas of activity. An important component of the modern economics is entrepreneurship; and the intensification of entrepreneurial activity should ensure overcoming of economic crises and their social and economic consequences, and determine the dynamic progress of a society and future welfare of people. It is entrepreneurship that is considered in many economically developed countries as a defining condition for a social and economic prosperity. Entrepreneurial activity involves all branches of economy including industrial, humanitarian and service areas. Therefore, it is necessary to study the key factors for the development of entrepreneurial activity in Ukraine. The current problems of entrepreneurship, tourism, hotel and restaurant business are extensively investigated by both domestic and foreign scholars. A number of researches focuses on these problems. Without diminishing the importance of their contribution to science, the need for further research and improvement should be noted. Therefore, in the monograph, special attention is paid to the state support of business structures, the regulation mechanisms of entrepreneurship, tourism, hotel and restaurant business, social sphere and interaction of market and state institutions, etc. The research was carried out using the developed scientifically substantiated methodological approaches based on the scientific developments of leading foreign and domestic scientists, which allowed proposing the specific directions of entrepreneurship development in the fields of economy, tourism, hotel and restaurant business. The unique nature of the monograph is not only its scientific significance, but also its practical application; since the substantiated positions, measures, proposals for the further transformation of economic processes in Ukraine and in the world have practical value. (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)

Humanitarian aid workers typically reject the accolade of hero as both untrue and undesirable. Untrue when they claim not to be acting beyond the call of duty, and undesirable so far as celebrating heroism risks elevating “heroic” choices over safer, and perhaps wiser ones. However, this leaves unresolved a tension between the denial of heroism and a sense in which certain humanitarian acts really appear heroic. And, the concern that in rejecting the aspiration to heroism an opportunity is (...) lost to inspire more and better humanitarian action. Having set out this problem in more detail in Part I, the argument in Part II will suggest that a virtue ethics approach to humanitarian moral obligations can make good sense of our intuitions concerning the role of heroism in humanitarian action. In Part III I will argue that at least “professional” humanitarians, instead of rejecting heroism, should aim to be heroes, in the sense of displaying a virtue of humanity in high-stakes contexts, because this is consistent with the aim of humanitarian action. Finally, some lingering problems of demandingness and motivation are considered. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you (...) own it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)