In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)

This article provides an ethical evaluation of the CIA's use of Unmanned Aerial Vehicles to target so-called terror suspects and insurgents. It utilises Christian informed deontological and virtue-ethical criteria to assess this practise. These criteria include just intent, charity, proportionality, moral consistency, truthfulness, mercy, courage and prudence. The article concludes that the UAV target programme is morally problematic. The United States’ ‘kill not capture’ policy as exemplified in the use of ‘signature’ strikes defies the virtues at stake. By using UAV's (...) as tools for preventive warfare, utilising armed UAV's that are weapons of war outside areas of armed conflict and disregarding the principles of transparency, last resort and proportionality, the United States is employing UAV's in a morally illegitimate and imprudent way, and is setting precedents that might have dire consequences for global peace and the security of future generations. (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)

Debates over how best to ensure appropriate conduct in battle typically draw a binary distinction between rule compliance and rule violation. This framing is problematic, excluding a critical third element of battlefield conduct, supererogation—that is, positive acts that go beyond what is demanded by the explicit rules of war. This article investigates this moral category of action; specifically, situations in which combatants refrain from taking the life of an enemy despite their moral and legal license to do so. It first (...) considers the moral tension between the duty of combatants to kill and battlefield mercy, and goes on to explore the factors that motivate the latter. The article then shifts to consider the significance of supererogation to the ongoing efforts to moderate the conduct of contemporary war. As the article illustrates, supererogatory restraint is constituted by values that when cultivated also incentivize adherence to the more explicit rules and standards of the battlefield. This is demonstrated through analysis of the conduct of Western special forces. The concept of supererogation is of further use when evaluating the origins and implications of “moral injury.” This is verified empirically in the context of armed unmanned aerial vehicles. (shrink)

PurposeThe purpose of this paper is to develop a critique of value sensitive design (VSD) and to propose an alternative approach that does not depart from a heuristic of value(s), but from virtue ethics, called virtuous practice design (VPD).Design/methodology/approachThis paper develops a philosophical argument, draws from a philosophical method (i.e. virtue ethics) and applies this method to a particular case study that draws from a narrative interview.FindingsIn this paper, authors show how an approach that takes virtue instead of value as (...) the central notion for aiming at a design that is sensitive to ethical concerns can be fruitful both in theory and in practice.Originality/valueThis paper presents the first attempt to ground an approach aimed at ethical technology design on the tradition of virtue ethics. As such, it presents VPD as a potentially fruitful alternative to VSD. (shrink)

Are there situations where military coups can be considered justified, such as the overthrow of a collapsing, genocidal dictatorship? I argue that under certain circumstances there is an opening for “just coups.” I propose a theoretical assessment of coups based on an adaptation of just war theory. I bring the comparative literature surrounding civil–military relations into conversation with the literature on just war theory in order to develop a theory of just coups. By adapting the categories of just war theory (...) into jus ad coup, jus in coup, and jus post coup, I show that these categories create a framework for understanding the ethical status of coups. Doing this gives us a more subtle understanding of the problem of coups and lets us understand how a hypothetical just coup may be possible. (shrink)

Does the use of armed drones influence the chance of success in the fight against terrorism? In this article we analyse whether armed drones influence the chance of success in the fight against terrorism. The reasonable chance of success principle is a just war theory principle, focusing on the likelihood of reaching the war objectives. Without a reasonable chance of winning the war, it is better not to start it. This principle will first be explained. Next, the focus lies on (...) those elements that influence the chance of success in the fight against terrorism when armed drones are used. Success in the fight against terrorism might be a diminishing of the terrorist threat or the elimination of the terrorist organisation. The drone attacks in the fight against terrorism very often result in systematic collateral damage, which is detrimental to the objective, because it forms a breeding ground for terrorist organisations. One of the reasons for this collateral damage is systematic risk transfers, which will be explained in greater detail in the article. In the third part, the focus lies on other potentially positive elements that influence the chance of success, in order to compensate for the collateral damage. Unfortunately, there is no consensus in this research domain about the consequences for the terrorist organisation of killing a terrorist leader. Besides, research reveals that it is more productive to concentrate on political participation and on policing (law enforcement and arrest). The article calls not for a complete ban of armed drones; after all, collateral damage could already be limited if the risk transfers were to be limited. To limit these transfers, men on the ground are needed, in order to intervene when human shields are used. Agents on the ground are needed to collect human intelligence in order to have reliable and complete intelligence and to investigate the intentions, to see who is prepared to negotiate and who to surrender. It would be an illusion to think that there is a reasonable chance of success in this fight with a party that takes zero physical risks. (shrink)

The use of military force abroad is a significant part of some states’ counter-terrorist efforts. Can these operations be ethically justified? This paper considers whether the underlying principles that philosophers have put forward to justify humanitarian interventions (which may underlie the international norm of the responsibility to protect (R2P)) can also give support for foreign counter-terrorist interventions of this sort. While it finds that the limits to international action that are imposed by the need to respect state sovereignty do not (...) rule out counter-terrorist interventions, it urges caution in supporting an international norm permitting them. Because such a norm would be open to manipulation and abuse, it may be preferable to discourage appealing to it in order to justify military counter-terrorism. (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)

I argue that, if drones make waging war easier, the reason why they do so may not be the one commonly assumed within the philosophical debate – namely the promised reduction in casualties on either side – but a more complicated one which has little to do with concern for one’s own soldiers or, for that matter, the enemy; and a lot more to do with the political intricacies of international relations and domestic politics; I use the example of the (...) Obama Administration’s drone policies to illustrate this argument. My point is meant to have wider methodological significance: philosophy can make an important contribution to this and related applied debates; but it is not by artificially – and optimistically – simplifying realities on the ground that philosophers can be of help. (shrink)