Military Ethics

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

Recently criticisms against autonomous weapons were presented in a video in which an AI-powered drone kills a person. However, some said that this video is a distraction from the real risk of AI—the risk of unlimitedly self-improving AI systems. In this article, we analyze arguments from both sides and turn them into conditions. The following conditions are identified as leading to autonomous weapons becoming a global catastrophic risk: 1) Artificial General Intelligence (AGI) development is delayed relative to progress in narrow (...) AI and manufacturing. 2) The potential for very cheap manufacture of drones, with prices below 1 USD each. 3) Anti-drone defense capabilities lagging offensive development. 4) Special global military posture encouraging development of drone swarms as a strategic offensive weapon, able to kill civilians. We conclude that while it is unlikely that drone swarms alone will become existential risk, lethal autonomous weapons could contribute to civilizational collapse in case of new world war. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, then (...) assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

in Scott Gates and Simon Reich, eds., Building Knowledge About Children in Armed Conflict (forthcoming in the University of Pittsburgh’s Ridgway/Ford security studies series).

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement of (...) minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

This small volume from Claudia Hauer results from an interesting and important intersection of her professional experiences. Trained in Classics, Hauer has spent most of her career at St. John’s Co...

The morality of war has been debated from a variety of perspectives. However, it has rarely been intertwined with the topic of the existence of God. Sometimes anti-theists argue that the existence of a Western Judeo-Christian God who is omnipotent, omniscient and morally perfect is inconsistent with the existence of evils such as war. We will argue that there is no such logical inconsistency between the God of the African traditional religions and the evil of war. First, we contend that (...) such a logical inconsistency does not exist because God in African traditional religions is not seen as omnipotent, omniscient or morally perfect, and therefore, it would not be logically inconsistent for such a God to co-exist with the evil of war. This is mainly because African moral realism entails that war is a legitimate means for an imperfect being in an imperfect world to pursue morally permissible goals. Second, even if God is omniscient, omnipotent and morally perfect, when considered from the African religious viewpoint, a God of harmony, like the one in African traditional religions, can permit some evils for a greater good such as “harmony”. (shrink)

This article deals with military honour in nineteenth-century Spain, after first examining how the meaning of this term evolved from the revolutionary Napoleonic wars onwards. This highly important moral value was learnt from the moment someone joined the army, and even before then, through education and common public military demonstrations. It related to individual behaviour, while also maintaining a high collective and corporative aspect, and it varied depending on gender or class and on the identity of the social group. It (...) was part of the political thought of most relevant Spanish generals, and consequently it influenced the political dynamics of Spain. The Court of Honour, an institution in Spain that was not regulated until 1811, controlled honour compliance. The last section of this article focuses on how and why these institutions were born and explains their early legislative evolution. Spanish political and military development are inevitably bound together to the extent that an understanding of the nature of honour and its effects on the army and civilian ethics provides us with a deep socio-political and ethical analysis of the country during the nineteenth century. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

George Lucas, an internationally renowned authority on military ethics, passionately and persuasively submits the argument in his latest book that military strategy must surpass the outdated Clause...

A wide-ranging compendium of incisive essays, Responsibility and Restraint: James Turner Johnson and the Just War Tradition promises to be an important contribution to the just war dialogue. Writte...

The conventional view of Just War thinking holds that militaries operate under “special” moral rules in war. Conventional Just War thinking establishes a principled approach to such moral exceptionalism in order to prevent arbitrary or capricious uses of military force. It relies on the notion that soldiers are instruments of the state, which is a view that has been critiqued by the Revisionist movement. The Revisionist critique rightly puts greater emphasis on the moral agency of individual soldiers: they are not (...) mere instruments of the state. Although Revisionism has something particularly important to contribute when applied to cases that are short-of-war, where an individual agent’s moral culpability plays a greater role, soldiers fighting wars are not wholly autonomous moral agents. An Institutionalist approach that responds to Revisionist criticisms is a plausible alternative to the conventional Just War account for grounding the moral exceptionalism of war. For the Institutionalist, soldiers are moral agents with state-imposed obligations whose fundamental responsibility is the performance of the proper moral ends of the military institution they serve. If this is true, then soldiers have a moral obligation to be attentive to the moral corruption of the military institution of which they are a part. (shrink)

Cian O’Driscoll’s Victory: The Triumph and Tragedy of Just War covers a vast range of materials, discussing the idea of victory and its relationship to just war theory. The idea of victory raises s...

Advances in AI are powering increasingly precise and widespread computational propaganda, posing serious threats to national security. The military and intelligence communities are starting to discuss ways to engage in this space, but the path forward is still unclear. These developments raise pressing ethical questions, about which existing ethics frameworks are silent. Understanding these challenges through the lens of “cognitive security,” we argue, offers a promising approach.

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine blame (...) for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

Robert Sparrow (among others) claims that if an autonomous weapon were to commit a war crime, it would cause harm for which no one could reasonably be blamed. Since no one would bear responsibility for the soldier’s share of killing in such cases, he argues that they would necessarily violate the requirements of jus in bello, and should be prohibited by international law. I argue this view is mistaken and that our moral understanding of war is sufficient to determine blame (...) for any wrongful killing done by autonomous weapons. Analyzing moral responsibility for autonomous weapons starts by recognizing that although they are capable of causing moral consequences, they are neither praiseworthy nor blameworthy in the moral sense. As such, their military role is that of a tool, albeit a rather sophisticated one, and responsibility for their use is roughly analogous to that of existing “smart” weapons. There will likely be some difficulty in managing these systems as they become more intelligent and more prone to unpredicted behavior, but the moral notion of shared responsibility and the legal notion of command responsibility are sufficient to locate responsibility for their use. (shrink)

The contemporary operating environment for deployed United States military operations largely focuses on deployments to predominantly Islamic countries. The differences in cultural values between d...

Warfare ideologies are as old as human civilization. By now, they have grown into an important and extended research field, including works analyzing the justification of war in ancient Indian epic...

Autonomous weapon systems could in principle release military personnel from the onus of killing during combat missions, reducing the related risk of suffering a moral injury and its debilita...

Do just war principles allow resort to war, or require it? For those who feel the force of the question, the ongoing war in Ukraine has provided an urgent case study.A video shot in late February 2...

This article is a result of a unique project that brought together academics and military practitioners with a mind to addressing difficult moral questions in a way that is philosophically careful,...

A recent empirical study has argued that experts in the ethics or the law of war cannot reach reasonable convergence on dilemmas regarding the number of civilian casualties who may be killed as a side effect of attacks on legitimate military targets. This article explores the philosophical implications of that study. We argue that the wide disagreement between experts on what in bello proportionality means in practice casts serious doubt on their ability to provide practical real-life guidance. We then suggest (...) viewing in bello proportionality through the prism of virtue ethics. (shrink)

As part of the Issues in Military Ethics series, Cyber Warfare Ethics is an insightful anthology of cutting-edge articles that examine the potential and the hazards of cyber operations. Michael Ske...

The United States has been waging the “War on Terror” for nearly two decades. Obscured among the more obvious costs of that war is the moral injury borne by many of the soldiers who have fought and participated in it. Unlike post-traumatic stress disorder, which is rooted in fear, moral injury is rooted in shame, shame for having committed a moral transgression, a violation of the moral code. Haunted by the memory of their misdeeds, these soldiers are plagued by all (...) manner of illness and infirmity, from anxiety and depression to substance abuse and suicide. In this article, I explore whether these soldiers have a right to forget, one that would entitle them to use pharmacological or psychological manipulation to cleanse their minds of the memory that they have dirtied their hands, and in that way relieve themselves of the anguish and torment from which they suffer. (shrink)

War has been conceptualised from a military perspective, but also from ethical, legal, and philosophical viewpoints. These different analytical perspectives are all necessary to understand the many dimensions war, the continua on which war is situated - from small-scale to large-scale, from limited in time or long, from less to extremely destructive, with varying aims, and degrees of involvement of populations. Western civilisations have conceptualised war in binary ways denying the variety of manifestations of war along these continua. While binary (...) definitions are necessary to capture different conditions legally, they hamper analysis. The binaries include inter-State and intestine war, just war and unjust war, citizen-soldiers and professionals, civilians and combatants. Yet realities have mostly straddled such demarcations. Even citizen-armies have usually included professionals, civilians have been treated as enemies and sometimes even formally defined as enemies, and rules have not conformed with binary distinctions, if they were respected at all. While customary rules governing the conduct of war have been turned into International Law, this is the only aspect of war that has developed in a fairly linear way, while the rise, disappearance, and renaissance of the just war tradition has been anything but linear. This non-linearity also applies to the brutality with which war has been fought, especially towards civilians, who for long stretches of European history must have been the main victims of war, notwithstanding increasing protection they were afforded in theory by customary law. To understand war, we must shed some of these binaries. (shrink)

The law of armed conflict prevents the coerced extraction of information from Prisoners of War (PoWs). We claim, however, that the letter of that law involves too broad a concept of coercion. On a natural reading, there is a sense in which any extraction of information—by any method—is coercive. We respect the notion that PoWs ought not be treated poorly, but we argue “coercion” should not be understood so broadly. With respect to its use in international law, we favor a (...) moralized notion of “coercion,” as opposed to a non-moralized one. We explain what this means, and argue why this is a better reading of the law. We think a moralized notion of coercion is more intuitive, is more in line with both actual practice and the intent of the framers of international law, and has practical benefits as well. (shrink)

This book-cover's announcement of a “new theory” of just war is likely just publisher's editorial hyperbole. The author, however, does not in the end require such outside assistance. From the outse...

Volume 21, Issue 2, August-October 2022, Page 183-189.

The 2016-17 Iraqi offensive that recaptured the city of Mosul from the Islamic State have demonstrated the inability of contemporary armed forces to retake urban areas from a determined and ruthless enemy without either suffering debilitating casualties or causing thousands of civilian deaths and virtually destroying the city itself. The enemy’s willingness to refuse civilian evacuation via a humanitarian corridor and effectively take the inhabitants hostage is all it takes to impose this tragic dilemma on an attacking force. The civilian (...) death toll of the battle of Mosul alone is estimated to have reached between seven and forty thousand, with almost one million people internally displaced and large portions of the city levelled. Avoiding another such tragedy should be a priority for all practitioners and theorists of urban warfare. Indeed, confronting and defeating this challenge may be the most important task for ethics, theory and practice of urban combat in the coming decade. I argue that the only viable way of escaping the hostage siege dilemma consists of incorporating large numbers of unmanned and autonomous weapon systems into the blue force structure and using these to substitute for artillery and aerial fires presently being used to overpower defenders. While other measures may be used to marginally improve the outcome of hostage city assaults, only the automatization of the assault can dramatically change the calculus and in result either discourage rogue actors from creating hostage city dilemmas or defeat them decisively while suffering unequivocally proportional casualties. I proceed as follows: first, I provide an account of the 2016-17 Coalition assault on Mosul, giving special attention to the events and features relevant to the hostage city dilemma. I then use this case study to introduce the theoretical concept of the hostile city and the ethical dilemma it creates, discussing possible objections and making the case that the circumstances of the Battle of Mosul are bound to repeatedly transpire in the future. This generates a duty to find a way out of the hostage city dilemma. I argue that widespread use of unmanned and autonomous weapon platforms constitutes a viable way of assaulting hostage cities in a manner that assures respect for the ius in bello principles, proposing several ways in which such weapons may be designed and used to drastically limit both military and civilian casualties. Concluding that it may be not only permissible but morally required to employ autonomous weapons in the hostage city scenario, I briefly discuss the implications of this conclusion for a wider debate concerning the moral feasibility of autonomous weapons. (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)

While there is a budding literature on media ethics in the light of characteristic sub-Saharan moral values, there is virtually nothing on wartime reporting more specifically. Furthermore, the literature insofar as it has a bearing on wartime reporting suggests that embedded journalism and patriotic journalism are ethically justified during war. In this essay, I sketch a prima facie attractive African moral theory, grounded on a certain interpretation of the value of communal relationship, and bring out what it entails for the (...) ways journalists should report on war. My aims are the normative ones of showing how this Afro-communal ethic can provide a unitary foundation for a wide array of plausible conclusions about reporting on war, and, in particular, can avoid objectionable implications such as support for embedded and patriotic journalism. (shrink)