European Journal of Philosophy, Volume 30, Issue 2, Page 546-564, June 2022.

Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in...

Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...) political self-determination, in cases of “ordinary oppression”, we normally think that rebellion might be permissible, but not military humanitarian intervention. Thus, according to the received view, the conditions for the permissibility of intervention coincide with the conditions for the permissibility of revolution in cases of supreme humanitarian emergency, but not in cases of ordinary oppression. In cases of ordinary oppression there is an asymmetry between the conditions for the permissibility of revolution and intervention (call this the Asymmetry View). Should we accept the Asymmetry View? I answer this question by outlining an account of political self-determination and by illustrating the complex role that this notion should play in discussing the morality of revolution and intervention. (shrink)

Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...) political self‐determination, in cases of “ordinary oppression”, we normally think that rebellion might be permissible, but not military humanitarian intervention. Thus, according to the received view, the conditions for the permissibility of intervention coincide with the conditions for the permissibility of revolution in cases of supreme humanitarian emergency, but not in cases of ordinary oppression. In cases of ordinary oppression there is an asymmetry between the conditions for the permissibility of revolution and intervention (call this the Asymmetry View). Should we accept the Asymmetry View? I answer this question by outlining an account of political self‐determination and by illustrating the complex role that this notion should play in discussing the morality of revolution and intervention. (shrink)

In a pair of recent papers, Allen Buchanan has outlined an ambitious account of the ethics of revolution and its implications for military intervention. Buchanan’s account is bold and yet sophisticated. It is bold in that it advances a number of theses that will no doubt strike the reader as highly controversial; it is sophisticated in that it rests on a nuanced account of how revolutions unfold and the constraints that political self-determination places on intervention. He argues that, despite the (...) importance of political self-determination, humanitarian intervention may be permissible without the consent of the rebelling population. Indeed, given certain structural features of revolutions, there are often reasons to disregard the consent of the population oppressed and intervene before the revolution starts. More controversially, he argues that military force may be employed to nullify the democratic constitutional choice of the newly liberated population and impose a particular form of democratic government, if this is necessary to guarantee the conditions for the future exercise of self-determination. In this paper, I further elaborate Buchanan’s account of political self-determination and argue that once correctly understood, it places tighter constraints on intervention than Buchanan allows. Thus, his bold conclusions should be resisted. (shrink)

Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...) the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (shrink)

Oppressive governments that use violence against citizens, e.g. murder and torture, are usually thought of as liable to armed revolutionary attack by the oppressed population. But oppression may be non-violent. A government may greatly restrict political rights and personal autonomy by using surveillance, propaganda, manipulation, strategic detention and similar techniques without ever resorting to overt violence. Can such regimes be liable to revolutionary attack? A widespread view is that the answer is ‘no’. On this view, unless a government is or (...) is likely to turn violent, revolution against it is disproportional. After all, revolution would involve launching potentially lethal attacks against oppressors who do not threaten the lives and bodily integrity of their subjects but pose only lesser threats. I argue that this claim of disproportionality is false. Armed revolution against Stably Non-violent Oppressive Regimes can be proportional under some circumstances, thus they may be liable to revolutionary attack. My argument relies on the Responsibility-Sensitive Account of Proportionality. This account holds that responsibility for posing threats renders agents liable to greater defensive harms than the harms with which they threaten. Even if non-violent oppressive regimes do not threaten citizens with murder, serious physical injury, or enslavement, their responsibility for creating an environment in which citizens’ political rights and personal autonomy are extremely restricted may loosen the proportionality requirement of inflicting defensive harm and render them liable to revolutionary attack. (shrink)