In this chapter, I add to the new body of philosophical literature that addresses African approaches to just war by reflecting on some topics that have yet to be considered and by advancing different perspectives. My approach is two-fold. First, I spell out a foundational African ethic, according to which one must treat people’s capacity to relate communally with respect. Second, I derive principles from it to govern the use of force and violence, and compare and contrast their implications for (...) war with other recent African views and especially with some prominent accounts in contemporary Anglo-American philosophy. I argue that the approaches to military conflict prescribed by the Afro-communal ethic and its derivative principles differ, and in some prima facie plausible ways, from the views of thinkers that include Thomas Hurka, David Luban, Larry May, Jeff McMahan, and Michael Walzer. In particular, I conclude that the African perspectives ground some interesting and under-explored approaches to just causes for war that merit consideration, including the ideas that military conflict could in principle be justified in order to protect a people’s culture or to correct an aggressor’s vice. (shrink)

A survey of just war theory literature reveals the existence of quite different lists of principles. This apparent arbitrariness raises a number of questions: What is the relation between ad bellum and in bello principles? Why are there so many of the former and so few of the latter? What order is there among the various principles? To answer these questions, I first draw on some recent work by Jeff McMahan to show that ad bellum and in bello principles are (...) not, as often portrayed, independent—the justice of conduct in war largely presupposes the justice of the recourse to war. Undermining this independence claim is one important step toward revealing the unified logical structure of just war theory. I then argue that we can see the dependence of the jus in bello upon the jus ad bellum , not just in the content of certain principles, but also in the structure of the two sets of principles: I construct a one-to-one mapping between ad bellum and in bello principles. In doing so, I argue also that the shared structure successfully finds place for the questions central to the evaluation of the morality of war: what is a sufficient provocation to use force, what objectives may be sought by force, why or for what ends, who has authority to decide to use force, and when or in what circumstances? Despite variations in expression, the theory allows for a coherent and comprehensive evaluation of morality in warfare. (shrink)

A variety of ethical objections have been raised against the military employment of uninhabited aerial vehicles (UAVs, drones). Some of these objections are technological concerns over UAVs abilities’ to function on par with their inhabited counterparts. This paper sets such concerns aside and instead focuses on supposed objections to the use of UAVs in principle. I examine several such objections currently on offer and show them all to be wanting. Indeed, I argue that we have a duty to protect an (...) agent engaged in a justified act from harm to the greatest extent possible, so long as that protection does not interfere with the agent's ability to act justly. UAVs afford precisely such protection. Therefore, we are obligated to employ UAV weapon systems if it can be shown that their use does not significantly reduce a warfighter's operational capability. Of course, if a given military action is unjustified to begin with, then carrying out that act via UAVs is wrong, just as it would be with any weapon. But the point of this paper is to show that there is nothing wrong in principle with using a UAV and that, other things being equal, using such technology is, in fact, obligatory. (shrink)

The “right intention” requirement, in the form of a requirement that the agent must have a justified true belief that the mind-independent conditions of the justification to use force are fulfilled, is not an additional criterion, but one that constrains the interpretation of the other criteria. Without it, the only possible interpretation of the mind-independent criteria is purely objectivist, that is, purely fact-relative. Pure objectivism condemns self-defense and just war theory to irrelevance since it cannot provide proper action guidance: it (...) is impractically demanding. This means that “revisionist” just war theories which base their doctrine of the moral inequality of combatants on the idea that objective justification defeats liability are irrelevant for the real world, where objective justification is virtually inaccessible. Moreover, only the right intention requirement in the form of a knowledge requirement, as opposed to requiring “good intentions” or “acceptable motivations,” can solve this problem. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. This (...) account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

Contrary to what has been alleged, the moral equivalence of combatants (MEC) is not a doctrine that was expressly developed by the traditional theorists of just war. Working from the axiom that just cause is unilateral, they did not embrace a conception of public war that included MEC. Indeed, MEC was introduced in the early fifteenth century as a challenge to the then reigning just war paradigm. It does not follow, however, that the distinction between private and public war had (...) no place in the traditional teaching. Thomas Aquinas and his successors did not analyse just war by extrapolation from the related idea of self-defense. Rather, they likened just war to a legal proceeding that could solely be undertaken by persons possessed of legitimate authority. For this reason, just war was first and foremost public war. Private war was deemed ?war? only in a secondary and reduced sense of the term. It was accordingly understood that public war should be waged and its morality judged by reference to a set of norms that are not directly reducible to those governing private self (and other)-defense. (shrink)

ABSTRACTThe jus ad bellum criterion of right intention is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just only if it (...) plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, wh... (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)

The United States has had a moral duty, at least since the end of 2010, actively to pursue negotiations with the Taliban and Pakistan to achieve a political settlement, conceding control of the Pashtun countryside to the Taliban.

The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war. Contemporary ecological concerns pose significant challenges to jus in bello. I begin by briefly surveying existing literature on environmental justice during wartime. While these jus in bello environmental issues have been addressed only sparsely by just war theorists, environmental jus ad bellum has rarely been tackled within JWT or the morality (...) of war. In line with the theme of this special issue, I focus my discussion of war and the natural environment primarily on the jus ad bellum level. I set out with the presumption against the use of force, and its possible exceptions. The principal question raised is whether environmental harm can trigger a new justification for war. Beyond just cause, I consider what might be a proportionate response to “environmental aggression,” or negligent harm to nature. The use of force is clearly justified in response to military attacks, against the natural environment or otherwise. Where harm to nature or its inhabitants are not caused by military aggression, just war theory criteria point in favor of responding via measures short of war. Finally, I suggest that responding by means that are not themselves harmful to nature serves to fulfill the further jus ad bellum criterion of “right intention.”. (shrink)

Since 2007, five scientists involved in Iran’s nuclear program have been killed under mysterious circumstances. This is not the first time that nuclear scientists have come under direct attack. Scientists are legally civilians. Like the rest of us, they are protected by laws prohibiting murder and perfidious killing, and enjoy civilian immunity during wartime. Moreover, powerful moral arguments oppose assassination policies specifically. Nevertheless, contemporary theories of just war allow for the partial extension of combatant status to civilians who are either (...) threatening or responsible for unjust threats. Weapons manufacturers, their factories and employees, are accorded less than absolute protection within just war theory, and even under international law. Dramatic events compel us to think through these issues of political violence in a principled manner, whatever our particular views on the Iranian case may be. The various moral arguments against assassination on the one hand and the complex status of munitions workers on the other suggest that scientists involved in weapons manufacturing may in some cases be morally liable to direct harm, as well as being legally liable to proportionate collateral damage. (shrink)

THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than we should (...) seek after; for we know enough if we know we are the King’s subjects: if his cause be wrong, our obedience to the King wipes the crime of it out of us.”. (shrink)

This paper discusses the novel versions of the right intention and proportionality conditions in the ius ad bellum proposed in Chapter 3 of Frances Kamm’s Ethics for Enemies. It argues that Kamm is right to weaken the right intention condition to require, not positively intending a war’s just cause, but only having that cause’s presence be a necessary condition for war, but wrong to place no limits on why one makes a just cause necessary. It then argues that the weakening (...) she proposes of Jeff McMahan’s very strict interpretation of proportionality does not go far enough. She argues that “conditional just aims” such as disarming an aggressor and deterring future aggression can count toward a war’s proportionality only if they will follow from harms needed to achieve the war’s initial just cause but not if they require additional harms. The paper argues that such aims can justify additional harms. (shrink)

Which harms and benefits should be viewed as relevant when considering whether to launch cyber-measures? In this article, we consider this question, which matters because it is central to determining whether cyber-measures should be launched. Several just war theorists hold a version of what we call the ‘Restrictive View’, according to which there are restrictions on the sorts of harms and benefits that should be included in proportionality assessments about the justifiability of going to war (whether cyber or kinetic). We (...) discuss two such views – the Just Cause Restrictive View and Rights-based Restrictive View – and find both wanting. By contrast, we defend what we call the ‘Permissive View’. This holds that all potential goods and bads should be included in proportionality decisions about cyber-measures, even those that appear to be trivial, and where the various harms and benefits are given different weights, according to their agent-relative and agent-neutral features. We argue further that accepting the Permissive View has broader implications for the ethical frameworks governing cyberwar, both in terms of whether cyberattack provide just cause for coercive responses, including kinetic warfare and cyber-responses, and whether cyber-measures should be governed by just war theory or a new theory for cyber-operations. (shrink)

In his recent book Killing in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but (...) nevertheless interesting, issue of what the military call killings or, as I refer to such acts here, internecine war killings. I focus on the case of the soldier who is ordered by his officer, at gunpoint, to go into action or to kill innocent civilians, and who kills his officer in self-defence. I argue that, at the bar of McMahan's account of the right to kill in self-defence, the officer lacks a justification for attacking the soldier as a means of enforcing his order, and the soldier thus sometimes (but not always) has the right to kill his officer should the latter so act. (shrink)

Most philosophers writing on the ethics of war endorse “reductivist individualism,” a view that holds both that killing in war is subject to the very same principles of ordinary morality ; and that morality concerns individuals and their rights, and does not treat collectives as having any special status. I argue that this commitment to individualism poses problems for this view in the case of national defense. More specifically, I argue that the main strategies for defending individualist approaches to national (...) defense either fail by their own lights or yield deeply counterintuitive implications. I then offer the foundations for a collectivist approach. I argue that such an approach must do justice to the collective goods that properly constituted states make possible and protect through certain acts of defensive war; and that any such picture of national defense must make room for some form of national partiality. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (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)

According to “epistemic-based contingent pacifism” a) there are virtually no wars which we know to be just, and b) it is morally impermissible to wage a war unless we know that the war is just. Thus it follows that there is no war which we are morally permitted to wage. The first claim (a) seems to follow from widespread disagreement among just war theorists over which wars, historically, have been just. I will argue, however, that a source of our inability (...) to confidently distinguish just from unjust wars lies in how we evaluate “morally heterogeneous” wars—i.e., wars with just and unjust aims. Specifically, the practice of reaching a univocal evaluation of a morally heterogeneous war as a whole by aggregating the evaluations of that war’s just and unjust aims is wrongheaded, because it undermines the action-guiding character of jus ad bellum. We ought instead to adopt what I call the “disaggregate approach” to jus ad bellum, according to which we evaluate the various aims of a war individually, without aggregating them into an evaluation of the war as a whole. Adopting this approach will eliminate a source of our disagreement over which wars have been just, and will ipso fact eliminate a basis for epistemic-based contingent pacifism. (shrink)

I address a foundational problem with accounts of the morality of war that are derived from the Just War Tradition. Such accounts problematically focus on ‘the moment of crisis’: i.e. when a state is considering a resort to war. This is problematic because sometimes the state considering the resort to war is partly responsible for wrongly creating the conditions in which the resort to war becomes necessary. By ignoring this possibility, JWT effectively ignores, in its moral evaluation of wars, certain (...) types of past wrongdoing. I argue that we can address this problem by incorporating an account of compensatory liability into an account of the morality of war. Doing so yields the view that, if we have culpably failed to compensate victims for past wrongs, we might be morally required to weigh the well-being of those victims more heavily in our calculation of proportionality when determining the permissibility of a defensive act that harms the victim as a side-effect. This, in turn, makes satisfying t. (shrink)

Most people believe that it is sometimes morally permissible for a person to use force to defend herself or others against harm. In Defensive Killing, Helen Frowe offers a detailed exploration of when and why the use of such force is permissible. She begins by considering the use of force between individuals, investigating both the circumstances under which an attacker forfeits her right not to be harmed, and the distinct question of when it is all-things-considered permissible to use force against (...) an attacker. Frowe then extends this enquiry to war, defending the view that we should judge the ethics of killing in war by the moral rules that govern killing between individuals. She argues that this requires us to significantly revise our understanding of the moral status of non-combatants in war. Non-combatants who intentionally contribute to an unjust war forfeit their rights not to be harmed, such that they are morally liable to attack by combatants fighting a just war. (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)

What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...) suffered, or something different altogether)? I call this ‘the formal question’. Then there is what I call the ‘the general substantive question’. Depending on the previous answer to the formal question, the general substantive question can be formulated as: ‘Which causes are just?’ or as ‘Under what conditions is there a just cause?’ A final question, which has recently elicited increased interest, is what I call ‘the question of timing’: does the ‘just cause’ criterion only apply to the initiation of a war or also to the continuation of a war, that is, can a war that had a just cause at the beginning lose it at some point in its course (and vice versa)? I argue that a just cause is a state of affairs. Moreover, the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied; and this account has certain theoretical and practical advantages. As regards the general substantive question, I argue that all kinds of aims can, in principle, be legitimately pursued by means of war, even aims that might sound dubious at first, like vengeance or the search for glory. Thus, the pursuit of such aims does not make the war disproportionate or deprive it of just cause. As regards the question of timing, I argue that the criteria of jus ad bellum apply throughout the war, not only at the point of its initiation. While starting a war at t1 might be justified, continuing it at time t2 might be unjustified (and vice versa), and this insight does not require an addition to jus ad bellum but is already contained in it. (shrink)

The permissible use of defensive force is a central tenet of the traditional legal and philosophical justification for war and its practice. Just War Theory holds a nation’s right to resist aggressive attack with defensive force as the clearest example of a just cause for war. Just War Theory also stipulates norms for warfare derived from a conception of defensive force asserted to be consistent with the moral reality of war. Recently, these aspects of Just War Theory have been criticized. (...) David Rodin has challenged the status of national defense as an uncontroversial just cause. Jeff McMahan has charged that Just War Theory’s norms that govern warfare are inconsistent with the norms of permissive defensive force. In this thesis I defend the status of national defense as a clear case of a just cause. However, my defense may require revision of Just War Theory’s norms that govern warfare. (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)

The topic of the paper is the justness of the so-called global redistributive wars — wars whose prime purpose would be the correction of global economic and power structures that are said to cause suffering in poor countries. My aim is to comment on Kasper Lippert-Rasmussen’s argument concerning the implications of Thomas Pogge’s theory of global poverty. Pogge has argued that affluent coun-tries uphold global institutional structures that have a significant causal role in leading to the poverty-related deaths of millions (...) of peo-ple who live in poor countries. According to Pogge, rich countries harm the citizens of poor countries. The argument by Lippert-Rasmussen is important, as it suggests that Pogge’s theory of the causes of global poverty, if correct, has a strange implication, namely, the implication that poor countries are or at least could be entitled to a military attack against rich countries. In this paper I will try to show that Lippert-Rasmussen’s argument is not fully compelling, and I will argue that it is not clear whether a global redistributive war would meet the principle of just cause. (The paper is here: http://www.kantiana.ru/upload/iblock/0ff/2014_12_01_raikka.pdf). (shrink)

Even if there is to be a general theory of ethical surveillance, though, it does not follow that the just war tradition is the best place to start. This gets to the heart of argument I make in the paper in that I believe this tradition captures all the relevant principles and misses none out. As a point of clarification, it is important to note that I am drawing on the just war tradition rather than the just war theory. While (...) the theory is, as I see it, a largely 20th century phenomenon, the tradition itself goes back much further, certainly to Augustine and arguably Cicero (Reichberg, Syse and Begby 2006). This is important as, while the theory may be tied to the state as authority (although, as I argue below, I would dispute that it is), the tradition is not (Coates 1997: 156). Tradition or theory, the key point is whether or not it is the best approach. Again, Stoddart is sceptical. He writes that the just war theory is contested and is concerned that in appealing to it we may obscure the ethical values on which it relies. Palm also refers to the contested nature of the theory but picks up on the lack of foundational values on which an ethics of surveillance, using the model I suggest, would draw as it currently stands. (shrink)

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress (...) on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.