The Moral Grounds for Reparation for Collateral Damage in Expeditionary Interventions

International Journal of Applied Philosophy 26 (2):181-195 (2012)
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Abstract

Despite a significant effort to reduce civilian casualties, a large number of civilians have been killed and injured by the military forces of the Western powers undertaking military operations in remote regions. However, there is no requirement in the just war tradition (JWT) and international humanitarian law (IHL) to provide reparation for the victims of unintended and proportional attacks. This article seeks to establish moral grounds for responsibility to provide reparation for “collateral damage” by focusing on the distinct characteristics of expeditionary intervention and supplementing JWT with the frameworks of corrective justice and restorative justice. We propose that the elective, non-reciprocal, and asymmetrical natures of expeditionary interventions give rise to a special obligation to provide reparation for the civilian harms permitted by the JWT, on the basis of the fair distribution of risks and the need to restore damaged relationships.

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