Among the most vexed moral issues in contemporary conflict is the matter of whether irregular forces waging wars of national liberation should be expected to abide by the same jus in bello rules as state actors, even though these rules may prejudice their cause. Is it, in other words, reasonable to demand that irregular forces, including guerrilla groups and national liberation movements, should comport themselves like state armies, even in cases where this would stymie their capacity to effectively pursue their (...) military goals? This article examines Michael Gross’s recent provocative response to this question. Taking Article 44 of the 1977 Additional Protocol I to the Geneva Conventions as his point of departure, Gross contends that the laws governing battlefield conduct should be revised to allow irregular forces waging an otherwise just war greater leeway to pursue their cause. Controversially, he extends this concession to the use of qualified terrorist tactics. Focusing on Gross’s use of the notion of a ‘right to a fighting chance’ as a normative grounding for this far-reaching proposition, this article draws on specific historical cases that arose in the context of Ancient Greek warfare to challenge Gross’s position. On a broader note, this article concludes with some remarks to the effect that this foray into the world of Ancient Greek warfare is demonstrative of the critical potential of a historical approach to the ethics of war. (shrink)

Nigel Biggar’s In Defence of War delivers a stout defence of just war thinking. It refuses to shy away from the tough questions raised by modern warfare. Instead, it submits that thinking clearly about these questions may require just war scholars to demonstrate a toughness to match, by callousing themselves to the human suffering their vocation forces them to confront. This article seeks to tease out Biggar’s understanding of callousness, challenging the reader to consider what is lost and enabled by (...) it. It concludes that Biggar offers a revealing account of callousness in war, but leaves us with many searching questions. Is callousness a vice or virtue, and is it an Achilles heel or a basic prerequisite of just war thinking? (shrink)