The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

When discussing whether or not our elected governments should intervene to end genocide, war crimes, ethnic cleansing, and crimes against humanity in other countries, the humanitarian intervention debate has largely been assuming that liberal democracies bear no responsibility for the injustice at hand: someone else is committing shameful acts; we are merely considering whether or not we have a positive duty to do something about it. Here I argue that there are important instances in which this dominant third party perspective (...) (TPP) is empirically false and normatively misguided. Much before our positive ?responsibility to protect? potential victims from mass atrocities, we violate our negative duty not to harm these victims. Employing work by Thomas Pogge and Leif Wenar, I argue that this harm currently comes about as our elected governments either buy, or allow our corporations to buy, the world's most precious resources from brutal dictators and warlords, who dominate some of the states that are at the heart of intervention discussions. In these cases, democracies' most immediate duty is not intervention but rather humanitarian disintervention: boycotting severely oppressive regimes, and in particular stopping to recognizing these regimes ? whether dictators or civil warriors ? as possessing legitimate authority to sell their peoples' resources. I begin with a brief survey of the intervention literature, followed by the foundations for the disintervention alternative. I then elaborate the conceptual and practical advantages of disintervention, concluding with thoughts on the reasons for TPP's lasting dominance. (shrink)

In this article, I consider the permissibility of forming defensive alliances, which is a neglected topic in the contemporary literature on the ethics of war and peace. Drawing on the jus ad bellum criterion of proportionality in just war theory, I argue that if permissible defensive force requires that its expected harms must be counterbalanced by its expected goods, then, permissible defensive alliance formation seems to also require that its expected harms must be counterbalanced by its expected goods, as the (...) latter can result in much the same consequences as the former. Moreover, due to the incommensurability of values in play when making proportionality judgments, I argue for a value pluralist understanding of the criterion. On this view, defensive alliance formation is proportionate if the expected gains in certain values (goods) intuitively justify the expected losses in others (harms) when compared to the alternative expected value trade-offs of not allying. To explore the implications of my theoretical claims I consider them in relation to John Mearsheimer’s influential account of the causes of the Russo-Ukrainian War. On this account, the West’s strategy to assimilate Ukraine and Ukraine’s pursuit of NATO membership post-annexation of Crimea were disproportionate because the expected harms were unjustified when compared to the alternative expected goods and harms of forgoing Ukrainian membership of NATO. This does not imply that Russia’s aggression is just, but it does imply that the West and Ukraine are partially responsible for the war and that they acted impermissibly in attempting to expand/join NATO. (shrink)

The mass killings, large-scale gang rape and large-scale expulsion of the Rohingyas from Myanmar constitute one of the most repugnant world events in recent years. This article addresses the question of whether armed humanitarian intervention would have been morally permissible to protect the Rohingyas. It approaches the question from the perspective of the jus ad bellum criteria of just war theory. This approach does not yield a definitive answer because knowing whether certain jus ad bellum conditions might have been satisfied (...) is difficult to judge without detailed knowledge of military intelligence assessments. Nevertheless, I argue that there was just cause for intervention according to both liberal and communitarian perspectives; that legitimate authority in the form of United Nations Security Council authorization would not have been morally necessary; that it is doubtful whether permissible intervention would have required humanitarian intent; that in late August 2017, intervention might well have been a last resort, but that morally relevant facts suggest intervention might have been disproportionate and lacked a reasonable chance of success, such that, all things considered, it would have perhaps been impermissible. -/- (Free access via third external link). (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)

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...) them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

The moral complexity surrounding intervention is influenced by a broad spectrum of both ethical and practical assumptions and considerations.

Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific (...) form of status relations between nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations. (shrink)

Margaret Mohrmann, Paul Lauritzen, and Sumner Twiss raise questions about my account of basic interests, liberal theory, and the challenges of multiculturalism as developed in "Children, Ethics, and Modern Medicine." Their questions point to foundational issues regarding the justification and limitation of parental authority to make decisions on behalf of children in medical and other contexts. One of the central questions in that regard is whether adults' decisions deserve to be respected, especially when they seem contrary to a child's or (...) adolescent's basic interests. Questions about respect, in turn, focus attention on others' decisions about what seems good for families and children, decisions that may be paternalistic or utilitarian. Such decisions are further complicated by a child's or adolescent's budding autonomy and need for respect and recognition. Pediatric bioethics grounded in an account of a child's basic interests produces a theory of negative and positive rights for assessing adults' actions in relation to children, especially (but not only) when adults demand respect in their expressions of care. (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)

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)

A comparative examination of four alternative ways of understandingwhat human rights are supports an institutional understanding assuggested by Article 28 of the Universal Declaration: Human rightsare weighty moral claims on any coercively imposed institutionalorder, national or international (as Article 28 confirms). Any suchorder must afford the persons on whom it is imposed secure accessto the objects of their human rights. This understanding of humanrights is broadly sharable across cultures and narrows the philosophical and practical differences between the friends ofcivil and (...) political and the champions of social, economic, andcultural human rights. When applied to the global institutionalorder, it provides a new argument for conceiving human rights asuniversal – and a new basis for criticizing this order as tooencouraging of oppression, corruption, and poverty in the developing countries: We have a negative duty not to cooperatein the imposition of this global order if feasible reforms ofit would significantly improve the realization of human rights. (shrink)

Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for (...) disaster. To avoid manipulation of the theory and make the goal of peace attainable, they defend “minimalism” in the ethics of war and peace. This paper responds to and builds on their article. After nuancing the analysis, I will argue that their minimalism does not solve the problem since the proposed alternative concept is equally prone to misuse, and that their minimalism is mistargeted. What I propose is to specify and ground the rules of war without raising the standard too high, to disentangle jus ad bellum and jus post bellum and see peace as guiding principle for jus post bellum, and to interpret that in a minimalist way. (shrink)

Can the global poor wage a just redistributive war against the global rich? The moral norms governing the use of force are usually considered to be very strict. Nonetheless, some philosophers have recently argued that violating duties of global justicecanbe a just cause for war. This paper discusses redistributive wars. It shows that the strength of these arguments is contingent on the underlying account of global distributive justice. The paper focuses on the “doing harm argument,” under the assumption that the (...) alternative “allowing harm argument” is a more difficult route to justify redistributive wars. After highlighting several preliminary problems, the paper breaks down and assesses in depth the “doing harm argument”: the empirical premise, the rights violation that constitutes the wrong, liability and degrees of responsibility, and the conditions for justified self-defense. By drawing on principles reflected in criminal law, this paper argues that a general “doing harm argument” for redistributive wars is unconvincing, while a reinterpretation of that argument could theoretically give rise to a just cause for war. (shrink)

Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...) derived from two inconsistent visions of political justice. The theory of public war, it turns out, is derived from a theory of justice that places the value of political society conceived of as a supra-individual communal entity above the value of the private individual. The theory of discrimination, however, is derived from a theory of justice that places the value of the private individual above that of political society. This inconsistency is revealed by analyzing the theories of Vitoria, Grotius, and Walzer. Appreciating this problem also helps situate the recent revisionist critiques of conventional just war theory. (shrink)

RésuméLe pacifisme a toujours constitué une approche respectable et influente à l'éthique de la guerre et de la paix. On veut ici, à partir de la littérature récente, en proposer une nouvelle évaluation. Plus précisément, l'article a deux objectifs: proposer une présentation rigoureuse et charitable des thèses pacifistes; et avancer, dans la perspective de la théorie contemporaine de la juste guerre, une critique puissante et détaillée des thèses en question.

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign equality (...) is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

It has been traditional in political philosophy to take internal and external state legitimacy as resting on distinct criteria. However, this is a view that is currently being challenged. Assuming that internal and external legitimacy rely on the same criterion, a possible worry that arises is that an unacceptable amount of intervention will necessarily become justifiable. I argue that such worries are not significant and that they do not rule out this alternative to the traditional view.

According to Thomas Pogge, rich people do not simply violate a positive duty of assistance to help the global poor; rather, they violate a negative duty not to harm them. They do so by imposing an unjust global economic structure on poor people. Assuming that these claims are correct, it follows that, ceteris paribus, wars waged by the poor against the rich to resist this imposition are morally equivalent to wars waged in self-defense against military aggression. Hence, if self-defense against (...) military aggression is just, then, ceteris paribus, so are defensive wars against the imposition of economic injustice. While I do not think Pogge’s analysis of the causes of global poverty is correct, I defend these inferences against various challenges. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

This paper examines the dynamics of hostile takeovers as a form of corporate warfare. There are a number of compelling reasons for believing this to be an accurate approximation to corporate reality and therefore an appropriate analogy. In circumstances where it is all-too easy for either of the protagonists to act unethically, there is an evident need for an appropriate template through which to analyse and evaluate the ethical dilemmas that HT's inevitably raise —whilst also, where possible, employing its prescriptions (...) as a means of corporate conflict resolution. This paper evaluates just war theory as one such template. In seeking a conceptually adaptable framework for analysing, interpreting and articulating antagonistic behaviour during a HT, it became apparent in the course of the research that JWT provided a potentially useful and viable template within which to pursue the above. The research questions centre not necessarily on whether this template could in some way be a substitute for statutory and regulatory constraints on unethical conduct but, rather, whether it might better inform all stakeholders of the importance of ethically informed restraint in the interest of the greater good. (shrink)

Journal of Social Philosophy, EarlyView.

If people have a right to rebel against domestic tyranny, wrongful foreign occupation, or colonial rule, then the normative principles commonly invoked to deal with civil conflicts present a problem. While rebels in some cases might justifiably try to secure human rights by resort to violence, the three normative pillars dealing with armed force provide at best only a partial reflection of the ethics of armed revolt. This article argues that the concept of “terrorism” and the ongoing attempt to define (...) it in international law, the laws of war and their application to armed conflict, and the Responsibility to Protect all obscure as much as clarify the problem. Given the prevalence of political oppression and the occurrence of civil conflicts originating in attempts to confront it, there is therefore a pressing need to establish a place for the rights of rebellion in the international normative architecture. (shrink)

Both radical rebellion and humanitarian intervention aim to defend citizens against tyranny and human rights abuses at the hands of their government. The only difference is that rebellion is waged by the oppressed subjects themselves, while humanitarian intervention is carried out by foreigners on their behalf. In this paper, it is argued that the prudential constraints on war (last resort, probability of success, and proportionality) impose tighter restrictions on, or demand more of, humanitarian interveners than they do of rebels. Specifically, (...) I argue that rebels enjoy exemptions from the success principle that do not apply to humanitarians, and that rebels are not constrained by the foreseen mediated consequences of their actions ? consequences that are interceded by the agency of other parties. The same cannot be said for intervening states. If this is right, then it is possible for a humanitarian intervention to fall short of the prudential conditions of legitimate war despite being expected to accomplish no less, and to cost no more, than a rebellion which is rightly judged to satisfy these conditions. (shrink)

In this article I undertake to discover the extent to which five distinct philosophical arguments for “hardhearted” responses to hunger are rationalizations. In each case, I consider the prima facie appeal and then consider the extent to which these appeals can be answered or overcome by principles promoting policies of food equity. I pay special attention to the appeal that pits political self-determination against food equity, because I believe it is especially important to determine the extent to which respect for (...) sovereignty and political self-determination is to be seen as compatible with promoting policies of food equity. (shrink)

ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying any particular intervention on (...) behalf of animals is much more difficult – and in present circumstances impossible. If these claims are correct, a number of important conclusions follow. First, all states lack legitimacy because of the horrors that they inflict upon animals. As a result of this, all states are prima facie liable to intervention by external agents. To remedy this situation, all states have the responsibility to massively transform their relationsh... (shrink)

In his book, A Theory of Truces, Nir Eisikovits offers a perceptive and timely ethics of truces based on the claim that we need to reject the ‘false dichotomy between the ideas of war and peace’ underpinning much current thought about conflict and conflict resolution. In this article, I concur that truces and ‘truce thinking’ should be a focus of concern for any political theory wishing to address the realities of war. However, Eisikovits’s account, to be convincing, requires engagement with (...) a tradition of thought figuring only marginally in his reflections on truces, that is, just war theory. I argue this for three reasons. Without incorporation of the just war principles that should inform the decisions to enter conflict, to maintain conflict, and to cease conflict, any theory of truces will be, first, normatively inadequate, failing to provide us with requisite direction, and, second, open to the charge of permitting intolerable injustices, a charge Eisikovits wishes to avoid. Third, engagement with just war theory is important for arriving at a nuanced understanding of peacemaking, one which grants truces their place in our deliberations and spurns simplistic ‘war versus peace’ binaries whilst keeping more ambitious ideals of peace firmly in sight. (shrink)

Contemporary just war thinking has mostly been split into two competing camps, namely, Michael Walzer’s approach and its revisionist critics. While Walzerians employ a casuistical method, most revisionists resort to analytical philosophy’s reflective equilibrium. Importantly, besides employing different methods, the two sides also disagree on substantive issues. This article focuses on one such issue, the moral equality of combatants, arguing that while a methodological reconciliation between the two camps is impossible, contemporary debate would benefit from a ‘third-way’ approach. Presenting James (...) Turner Johnson’s historical method as such an approach, the article suggests that while revisionists are correct in considering the symmetry thesis as ethically indefensible, in order to arrive at this judgement, it is not necessary to employ far-fetched thought experiments and the use of historical cases is preferable. The root cause of Walzer’s problematic reasoning vis-à-vis the symmetry thesis, the histori... (shrink)

This paper surveys the most important recent debates within the ethics of war. Sections 2 and 3 examine the principles governing the resort to war (jus ad bellum) and the principles governing conduct in war (jus in bello). In Section 4, we turn to the moral guidelines governing the ending and aftermath of war (jus post bellum). Finally, in Section 5 we look at recent debates on whether the jus ad bellum and the jus in bello can be evaluated independently (...) of each other. (shrink)

Michael Walzer argues that the just cause for humanitarian intervention is not met if there are only “ordinary” levels of human rights abuses within a state because he believes that respecting the right to collective self-determination is more morally important than protecting other individual rights. Several prominent critics of Walzer advocate for a more permissive account of a just cause. They argue that protecting individuals’ human rights is more morally important than respecting a right to collective self-determination. I argue that (...) these two accounts are far more similar than either Walzer or his critics realize because collective self-determination requires the protection of some human rights in order to allow each person the opportunity to participate in collective choices. Consequently, the just cause for intervention is met whenever at least some important human rights of one person are violated and others are being credibly threatened. The counter intuitive conclusion of my argument is that justified interventions can actually promote rather than undermine collective self-determination because just interventions allow innocents, who otherwise would have excluded from this process, the opportunity to contribute to collective choices. Of course, a just cause is insufficient in itself for intervention to be permissible because other just war precepts must also be met. (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)

In this paper I question the morality of U.S. military supremacy or hegemony in terms of what constitute the legitimate use of military force and the proper preparation for using such force. I first discuss in a somewhat synoptic fashion how American hegemonic military force has been justified in dishonest ways and wrongly executed. Next, I show that Just War Theory needs to be revised in order to come to a convincing assessment of U.S. military hegemony and its use of (...) military force. This leads me to propose “just military preparedness,” consisting of five principles of just military preparedness, as a new category of JWT. The failure of the United States to satisfy the principles puts into question its very capability of justly resorting to military force, of lawfully executing force, and of establishing a just peace after war. The principles also point to a more humane alternative of how the United States could meet security threats and sustain a peaceful international order. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

The Principle of Double Effect has served as a guide for both statesmen and soldiers since the middle ages in determining which acts in war are morally permissible and which are not. It is used, in particular, by those who make their moral decisions on the basis of certain moral rules that concern the moral consequences of action. This Principle of Double Effect (hereafter referred to as PDE) comes into play in situations where an agent has the option of performing (...) an act with both good and bad consequences. Advocates of PDE believe that it is morally significant whether a bad consequence is intended by the agent or merely forseen as incidental to an act that is in all other respects morally acceptable.^ Of great interest to moral philosophers discussing acts of war is how this principle applies to the deaths of persons not directly involved in the prosecution of the war. Proponents of the PDE claim that while it is morally impermissible to intentionally bring about the deaths of innocent people during combat, either as a means to a military objective or as a goal in itself, it is permissible under certain circumstances for an agent to choose a course of action which may bring about the deaths of innocent people as a forseeable consequence. (shrink)

War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) between different states, like the two World Wars. But just as frequent is war within a state between rival groups or communities, like the American Civil War. Certain political pressure groups, like terrorist organizations, might also be considered “political communities,” in that they are associations of people with a political purpose and, indeed, many of them aspire to statehood or to influence the development of statehood in certain lands. (shrink)

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just war theory in Michael (...) Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it. (shrink)

This essay examines novel threats to peace – social and political threats as well as military and technological. It worries that familiar conceptions of state sovereignty cannot sustain a legal order capable of meeting those threats, not even if we understand sovereignty as responsibility to protect human rights. The essay tentatively proposes that recent efforts to reformulate state sovereignty as responsibility to humanity – ‘R2H’ for short – offer a better hope. Under this reformulation, states must take into account the (...) interests of those outside their sovereign territory as well as those of the of their own people – in particular, the shared interest in subduing dire threats to world peace. Responsibility to humanity raises practical as well as philosophical questions. Some may fear that R2H would become a Trojan horse for powerful interests wishing to impose their will on the less powerful. The essay argues that these fears misunderstand what R2H requires. Alternatively, R2H may sound preposterously utopian, in an era of waning trust in internationalism and an upsurge of reactionary nationalism. In response, I argue that reactionary nationalism is itself a dire mistake – a symptom of our current ills, not a cure. (shrink)

Natural disasters are social disruptions triggered by physical events. Every year, hundreds of natural disasters occur and tens of thousands of people are killed as a result. I maintain that everyone would want to be provided with assistance in the aftermath a natural disaster. If a national government is not providing post disaster assistance, then we expect that some other institution has the responsibility to provide it. Unfortunately, that is not the case currently. Therefore, in this thesis I argue that (...) in some situations the international community is required to intervene on behalf of those affected by the disaster caused by a natural hazard. Natural disaster intervention is a moral requirement: because the international community has a duty to provide the goods we are entitled to as per the human right to welfare, even in natural disaster scenarios. After making my argument as to why a natural disaster intervention policy should be developed I explain the basic principles of such a policy by applying the Just War criteria to natural disaster scenarios in which a national government is unable or unwilling to provide assistance to its people. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

In this thesis, I discuss the ethics of civilian protection in armed conflict from the perspective of applied ethics. Specifically, I attempt to explore a way to supplement the limitations of just war theory in civilian protection by providing a fundamental case for civilian protection, by way of considering insights gleaned from David Hume’s conception of justice, and from the perspective of professional military ethics. Moreover, I will further defend my argument for the protection of civilians in armed conflict by (...) demonstrating the immorality of torture. In Chapter 1, I discuss the status of civilians by examining legal and ethical concepts. In Chapter 2, I critically discuss the scope and limitations of just war theory in civilian protection. In Chapter 3, I analyse how civilian protection was considered and how civilians were harmed in the Israeli–Palestinian conflict. In Chapter 4, I critically examine civilian protection as part of just conduct in armed conflict by referring to Hume’s conception of justice. In Chapter 5, I examine civilian protection from the perspective of military ethics. In Chapter 6, I make a case against the moral justifiability of torturing civilians in order to illustrate how civilians should be protected in an extreme situation. (shrink)