War Crimes

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)

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)

As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...) demonstrate in this article, the erasure of American torture takes at least three different but mutually reinforcing forms: erasure of the fact of torture, erasure of the experience of torture, and erasure of the victims of torture. Erasure of the fact of torture occurs when lack of education and public discussion creates widespread ignorance about the history of torture in America, as has occurred in relation to the post-9/11 torture program. Erasure of the experience of torture occurs when victims’ experiences of extreme suffering, and practices or institutions that inflict extreme suffering (such as solitary confinement), are not acknowledged as forms of torture. Erasure of the victims of torture occurs when victims are treated with indifference and even contempt, even when what they suffered is acknowledged to be torture, and their perspectives and experiences are dismissed, minimized, or ignored. -/- As I shall argue, both the use of the torture and the forms of erasure described above are essential components in the ongoing enforcement of the normative boundaries of American white moral citizenship and the myth of American exceptionalism and civilization. The repeating pattern of the use and erasure of torture leads to the ongoing toleration of practices that constitute torture and that overwhelmingly impact people of color. Until this pattern of justification and erasure is recognized and confronted, torture will continue to be embedded within American culture and institutions. (shrink)

I here consider the reasonableness of punishing future autonomous military robots. I argue that it is an engineering desideratum that these devices be responsive to moral considerations as well as human criticism and blame. Additionally, I argue that someday it will be possible to build such machines. I use these claims to respond to the no subject of punishment objection to deploying autonomous military robots, the worry being that an “accountability gap” could result if the robot committed a war crime. (...) (Sparrow 2007). But these robots will be blameworthy and morally responsible for their wrongful conduct. I then show that we have reasons to punish them based both on good effects and the impact on the robot, itself. (shrink)

War, undoubtedly, is an arena of killing, struggle, and weakening the enemy. However, under no circumstances is it a place where any action can be tolerated. Despite the existence of rules and laws governing the behavior of warriors during war, certain actions are considered crimes and prohibited even in times of war. These actions are referred to as "war crimes" and are evaluated within the framework of international humanitarian law. While Islamic jurisprudence does not explicitly use the term "war crimes," (...) the concept and content are deeply rooted in Islamic fiqh books, particularly in sections discussing the ethics and manners of war and expeditions. Islamic law has established provisions and regulations that indicate that a warrior who desires any action during war is not free to do so. It has established strict rules and regulations that regulate the behavior of Muslims within the framework of organizing war and armed conflicts. The ethical rules developed by Islamic law extensively regulate how Muslims should behave during war and conflicts. Islamic law has identified certain categories that should not be targeted during war, and it distinguishes between whether it is legal or illegal to target combatants and non-combatants. The civilian population, as well as specific categories such as the wounded, are considered off-limits and protected. The civilian category includes all individuals who do not participate in war activities, including children, women, and the elderly. It is essential to protect them, ensure that they do not suffer harm, and uphold the principles of humanity. Furthermore, Islamic Sharia has provided rules that protect war captives. They are granted a special status, ensuring their protection and humane treatment. Torturing them or forcing them to convert to Islam is strictly prohibited. The fair treatment of captives and their humane treatment is mandated by Islamic law. It should be noted that Islamic law not only prohibits attacks on individuals but also considers targeting civilian property that is unused by the enemy or resembles a neutral party as a crime. These include places such as hospitals, places of worship, historical and archaeological sites. The historical experience of Islam presents the most significant reflection of these rules established by Islamic law. Throughout Islamic history, during the prophetic period and the subsequent caliphal conquests, Muslims adhered to these rules, and history has shown that Muslim wars were more humane. During these periods, respect for human rights was maintained towards the enemy, and war crimes were not committed. Islam, being a religion that prioritizes peace and justice, aims for wars to be conducted in a fair and humane manner. Thus, Islamic law has implemented significant regulations to protect civilian and military targets, ensure the humane treatment of war captives, and conduct war in a more humane manner. Islamic principles and legal rules aim to uphold respect for human values even during times of war. (shrink)

A philosophical review of Beatrice Heuser's monography, War: A Genealogy of Western Ideas and Practices.

In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...) the knowledge-distorting practices within the US military’s organizational structure, few if any civilian deaths from drone strikes meet the criteria of a genuinely morally excusing “honest mistake”. Instead, these accidental killings often reflect objectionable attitudes of relative disregard for the safety of civilians. These attitudes are, we argue, sufficient to warrant the attribution of blame and moral responsibility, both with respect to certain individual actions and with respect to the US military as an institution. In light of this, we propose incorporating a Principle of the Moral Equality of Non-combatants into military assessments of what counts as “acceptable risk” to civilians. This would go some way, we argue, to redressing the ongoing injustice inflicted on the victims of civilian killings by the failure of the US military and US political leadership to take moral responsibility for unjustified civilian deaths. (shrink)

The relevance of this study is conditioned upon the need to investigate the technical and forensic support for the investigation of war crimes that are massively committed in the context of a full-scale military invasion of russia on the territory of Ukraine. The purpose of this study was to define the term “technical and forensic support for the investigation of war crimes”, its purpose and components; to consider the technical equipment used to search for people who disappeared during the war, (...) to identify hidden corpses of people who died during the war, to establish their identity. The study employed a set of scientific methods: terminological, system-structural, formal logical, comparative legal. The terms “technical and forensic support” and “technical and forensic means” were analysed, and the definition of technical and forensic support for war crimes was proposed. The following components of technical and forensic support were investigated: scientific, legal, organizational, educational and methodological, scientific and technical, material and technical support. Attention was drawn to the specific features of technical and forensic support for the investigation of war crimes: constant readiness of authorized entities to use technical means and methods; integrated use of technological systems; involvement of numerous information resources; coordination of work on technical equipment of law enforcement agencies with the provision of other departments, including the Armed Forces of Ukraine. The study focuses on the possibility of using technical and forensic support for the investigation of war crimes by security investigators together with National Police investigators. It was concluded that the technical and forensic support for the investigation of crimes includes a system of legal, scientific, organizational measures aimed at the effective use of technical means and their corresponding methods for investigating criminal offences. Promising areas of development of technical and forensic support for the investigation of war crimes are as follows: the use of drone-made evidence (aerial photography); the use of ground-based 3D scanning; the introduction of systems for detecting and visualizing biological traces of participants in war crimes and their victims; the development of identification and search engines for identifying people involved in the commission of war crimes on the territory of Ukraine. (shrink)

Recent decades have witnessed tremendous progress in artificial intelligence and in the development of autonomous systems that rely on artificial intelligence. Critics, however, have pointed to the difficulty of allocating responsibility for the actions of an autonomous system, especially when the autonomous system causes harm or damage. The highly autonomous behavior of such systems, for which neither the programmer, the manufacturer, nor the operator seems to be responsible, has been suspected to generate responsibility gaps. This has been the cause of (...) much concern. In this article, I propose a more optimistic view on artificial intelligence, raising two challenges for responsibility gap pessimists. First, proponents of responsibility gaps must say more about when responsibility gaps occur. Once we accept a difficult-to-reject plausibility constraint on the emergence of such gaps, it becomes apparent that the situations in which responsibility gaps occur are unclear. Second, assuming that responsibility gaps occur, more must be said about why we should be concerned about such gaps in the first place. I proceed by defusing what I take to be the two most important concerns about responsibility gaps, one relating to the consequences of responsibility gaps and the other relating to violations of jus in bello. (shrink)

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

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

The “asymmetry myth” is that war crimes are committed by one's enemies but never, or hardly ever, by one's own combatants. The myth involves not only a common failure to acknowledge our own actual war crimes but also inadequate reactions when we are forced to recognize them. It contributes to the high likelihood that wars, just or unjust in their causes, will have a high moral cost. This cost, moreover, is a matter needing consideration in the jus ante bellum circumstances (...) of preparedness for war as well as of conduct within it. As part of the symposium on Ned Dobos's book, Ethics, Security, and the War-Machine, I will argue that the strength of the asymmetry myth is sustained by certain forms of romantic nationalism linked to the glamorization of military endeavor. (shrink)

The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...) The exclusion of individual responsibility of people involved in a military operation which finds no moral justification seems to entail a number of consequences that put a heavy burden on Walzer’s overall model of military ethics. In order to ensure the necessary level of coherence of just war theory one may need to modify Walzer’s principle of the moral equality of soldiers – at least in relation to the participants of total war. (shrink)

Future weapons will make life-or-death decisions without a human in the loop. When such weapons inflict unwarranted harm, no one appears to be responsible. There seems to be a responsibility gap. I first reconstruct the argument for such responsibility gaps to then argue that this argument is not sound. The argument assumes that commanders have no control over whether autonomous weapons inflict harm. I argue against this assumption. Although this investigation concerns a specific case of autonomous weapons systems, I take (...) steps towards vindicating the more general idea that superiors can be morally responsible in virtue of being in command. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

Espectros resignificados. China, España y el movimiento internacional contra el fascismo (1937-1939).

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution (...) of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid ’responsibility gaps’ in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Towards the end of the twentieth century, the issue of collaboration with the Third Reich became particularly problematic for deconstructive criticism. The distinction between collaboration and cooperation is often far from clear, however, and in borderline cases the opacity of the motives behind the alleged collaboration may be such that retrospective historical judgements run the risk of appearing arbitrary. In contrast, the decision to remain silent about alleged collaboration can – and should – invite negative moral judgement. On the one (...) hand silence offers evidence of deceit; on the other, silence speaks of an absence of regret or remorse; and in the case with which this paper is primarily concerned, silence is indicative of both deceit and remorselessness. (shrink)

German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).

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)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (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)

In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts on military (...) ethics dealing with the subject of military virtues the Aristotelian view on virtues is still pivotal. Developing virtues is by some authors seen as the best way to prevent misconduct by military personnel, it being considered superior to rules or codes of conduct imposed from above. The main argument these authors offer is that these solutions are impotent when no one is around, and lack the flexibility often thought necessary in today’s world. Finally, rules and codes try to condition behavior, leaving less room for personal integrity. At first sight, then, there is a great deal to say in favor of virtue ethics as being the best way of enhancing the chances of soldiers behaving morally. However, this preference for steering conduct by means of promoting certain desirable dispositions is not without any problems that, as it stands, are hardly ever addressed. To begin with, there are a few practical concerns. For instance, even if we assume that military virtues can assist military personnel to do their work in a morally sound manner, it is still not clear to what extent virtues can, in fact, be taught to them. It is an assumption of virtue ethics that they can, but is this really the case? And if so, how should they be taught? – virtues are supposedly developed by practicing them, yet how much room is there for practicing virtues in for instance the ethics education as followed in military academies and school battalions? Secondly, it appears that the traditional military virtues, such as honor, loyalty, courage, and obedience, are, especially in their common interpretation, mainly beneficial to colleagues and the organization, not so much to the local population of the countries military personnel are deployed to. Changes in the military’s wider environment have led to a shift from traditional of self-defense tasks to new, more complex tasks, and especially in today’s missions one could expect that the proper virtues are not necessarily solely the more martial ones. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...) high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival (...) documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with literary justice: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and (...) archival documentation and critical theoretical discourses, Shapiros War Crimes, Atrocity, and Justice challenges traditional notions of responsibility in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

Celem artykułu jest analiza prawnych i etycznych sposobów uzasadnienia dopuszczalności stosowania polityki namierzania i zabijania. Pojawiły się próby usprawiedliwienia tego typu działań poprzez odwołanie do egzekwowania prawa, reguł rządzących konfliktami zbrojnymi, sprawiedliwej odpłaty, prawa do obrony własnej. W artykule dokonuję analizy tych sposobów usprawiedliwiania polityki namierzania i zabijania, a następnie rozważam, które z nich faktycznie mogą uzasadniać tego typu politykę. Rozważania prowadzę w świetle głównej hipotezy projektu badawczego, który obecnie prowadzę, zakładającej, że normy regulujące dopuszczalność i sposoby toczenia konfliktów zbrojnych (...) i używania przemocy w stosunkach międzynarodowych powinny być spójne z moralnymi intuicjami dotyczącymi stosowania przemocy w przypadkach indywidualnych. (shrink)

Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...) is undermined by attempts to muddle the criminal process with reconciliatory and restorative aims . This muddling leads to problems not only in the way the ICC is understood and the way the Rome. (shrink)

Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...) competition for prestige. Far from being a romantic and outmoded approach to war, HWT accounts for current conflicts and predicts moral intuitions that JWT either rejects or cannot comfortably accommodate. So although it is not recommended as a replacement for JWT, there is good reason think that a fully mature, realistic, and yet properly normative theory of war ethics will incorporate a variety of insights from HWT. (shrink)

The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...) paper, we will argue that norms of political reconciliation provide some of the resources we need to address postwar justice. (shrink)

Research Articles Andrew Altman, Social Philosophy and Policy, FirstView Article.

This article argues against Anna Stilz's recent attempt to solve the problem of citizens' collective responsibility in democratic states. I show that her solution could only apply to state actions that are (in legal terminology) unjustified but excusable. Stilz's marquee case – the 2003 invasion of Iraq – does not, I will argue, fit this bill; nor, in all likelihood, does any other case in recorded history. Thus, this article concludes, we may allow that Stilz's argument offers a theoretically cogent (...) case for citizens' task-responsibility in democratic states (given the right conditions); it just so happens that few if any cases satisfy these conditions. (shrink)

The supreme emergency exemption proposed by Michael Walzer has engendered controversy because it permits violations of the jus in bello principle of discrimination when a state is faced with imminent defeat at the hands of a very evil enemy. Traditionalists among just war theorists believe that noncombatants should never be deliberately targeted in war whether or not there is a supreme emergency. Pacifists on the other hand reject war as immoral even in a supreme emergency. Unlike Walzer, neither just war (...) traditionalists nor pacifists make a special case for supreme emergencies. In this paper, I borrow Walzer’s concept to provide support for a different ethics of war that limits war to supreme emergencies. In non-supreme emergency situations, I agree with pacifists in rejecting war even if just war requirements are satisfied. But in supreme emergencies, I agree with just war traditionalists that war can be legitimately fought provided that moral constraints that protect noncombatants are respected. (shrink)

The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war (...) crimes. (shrink)

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)

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)

Complicity with wrongdoing comes in many forms and many degrees. We distinguish subcategories cooperation, collaboration and collusion from connivance and condoning, identifying their defining features and assessing their characteristic moral valences. We illustrate the use of these distinctions by reference to events in refugee camps in and around Rwanda after the 1994 genocide, and the extent to which international organizations and nongovernment organizations were wrongfully complicit with the misuse of refugees as human shields by the perpetrators of the genocide who (...) were allowed to run those camps. (shrink)

While in many countries the use of unmanned systems is still in its infancy, other countries, most notably the US and Israel, are much ahead. Most of the systems in operation today are unarmed and are mainly used for reconnaissance and clearing improvised explosive devices. But over the last years the deployment of armed military robots is also on the increase, especially in the air. This might make unethical behavior less likely to happen, seeing that unmanned systems are immune to (...) what are considered to be main causes of misconduct on the battlefield: frustration, boredom, and anger. The use of robots raises some ethical questions, though, and this paper attempts to give an overview of issues at stake, such as the role of emotions, civilian casualties, just war theory, and responsibility. (shrink)

In this contribution to philosophical ethics, Claudia Card revisits the theory of evil developed in her earlier book The Atrocity Paradigm, and expands it to consider collectively perpetrated and collectively suffered atrocities. Redefining evil as a secular concept and focusing on the inexcusability - rather than the culpability - of atrocities, Card examines the tension between responding to evils and preserving humanitarian values. This stimulating and often provocative book contends that understanding the evils in terrorism, torture and genocide enables us (...) to recognise similar evils in everyday life: daily life under oppressive regimes and in racist environments; violence against women, including in the home; violence and executions in prisons; hate crimes; and violence against animals. Card analyses torture, terrorism and genocide in the light of recent atrocities, considering whether there can be moral justifications for terrorism and torture, and providing conceptual tools to distinguish genocide from non-genocidal mass slaughter. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...) public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)