"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

While there are many legal textbooks on the laws of armed conflict and academic works on ethical issues in international relations, this is the first text on the relevance of legal and normative issues in military practice. It covers the entire spectrum of military operations and is written with military deicision-makers particularly in mind.

Military-on-military sexual violence—the type of sexual violence that most directly disrupts operations, harms personnel, and undermines recruiting—occurs with astonishing frequency. The U.S. military has responded with a campaign to prevent and punish military-on-military sex crimes. This campaign, however, has made little progress, partly because of U.S. military law, a special realm of criminal justice dominated by legal precedents involving sexual violence and racialized images. By promulgating images and narratives of sexual exploitation, violent sexuality, and (...) female subordination, the military justice system has helped to sustain a legal culture that reifies the connection between sexual violence and authentic soldiering. (shrink)

The research examined the use of moral justification as a mediating mechanism of stress, used by compulsory Israeli soldiers who had served at army roadblocks in the West Bank. Employing Bandura’s model of moral disengagement, we expected that the greater the justification of army roadblocks by the soldier, the more he would feel adjusted to army demands. Feelings of adjustment to this situation were examined using three components: cognitive, affective and behavioral. The sample was composed of 170 Israeli ex-soldiers who (...) had served for at least 1 month at army roadblocks in the West Bank during the Al-Aksa Intifada. The results supported the hypothesis regarding association between moral justification and feelings of adjustment at the end of army service. The mediating hypothesis was partially supported. Significance of moral justification as a mechanism of coping with the enforced situation of military law is discussed. (shrink)

The medieval kingdoms of Portugal and León faced a common Muslim enemy on their southern frontiers. They also viewed each other as potential threats, along a boundary which grew in length as the Muslims were pushed back. Military preparedness was in these circumstances a major preoccupation of the monarchs in the two kingdoms. Offensive forces were needed for continued territorial expansion, and defensive forces were needed to protect lands that had already been gained, whether from Muslim counterattack or from (...) inroads by the Christian neighbor. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century (...) the state became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would (...) be capable of defending itself, and indeed that it would probably use other means to avoid military conflict altogether. (shrink)

In this paper we introduce a computational control framework that can keep AI-driven military autonomous devices operating within the boundaries set by applicable rules of International Humanitarian Law (IHL) related to targeting. We discuss the necessary legal tests and variables, and introduce the structure of a hypothetical IHL-compliant targeting system.

Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that (...) weaves together military strategy and virtue ethics and maintains that good governance at home actually wins wars abroad. A reconstructed classical Chinese conception of “good governance” presents theoretical and ethical challenges, but also offers viable justicial content for contemporary jus ad bellum considerations beyond sovereign self-defense or human rights. It presents a way of instantiating the sprawling conception of human rights that falls short in contemporary discourse. (shrink)

The military coup was staged in the summer of 2013. In the intervening period, Egypt’s ruling generals have succeeded in handcuffing the public space and bringing back fear as an everyday feature of life in a country that is still in dire straits. By various repressive measures, civilians have learned to fear the consequences of free expression and peaceful opposition. To this end as well, Egypt’s ruling generals have also adapted legal and legislative tools to persecute political enemies and (...) eradicate the existence of autonomous civil society organizations. However, far less attention has been paid to the details surrounding the legal and legislative tools utilized by Egypt’s generals, and even less to the concerning implications these tools carry regarding notions of justice and the populace’s faith in the neutrality of public institutions. A thorough explanation and analysis are necessary to understand fully the functioning of the new authoritarianism. It is also of paramount importance to highlight the fact it is impossible to search for ways to restore a democratic transition in Egypt without a structured thinking about how to dismantle the legal and legislative framework of the new authoritarianism. (shrink)

Leadership and ethics are habitually treated as related to separate spheres. It would be better, perhaps, if leadership and ethics were treated as belonging to a single domain. Ethics is an aspect of leadership and not a separate approach that exists alongside other approaches to leadership such as the trait approach, the situational approach, etc. This holds especially true for the military, one of the few organizations that can legitimately use violence. Today, most militaries opt for a character-based approach (...) for the ethics education of their leaders and espouse leadership theories that want leaders to be strong and visionary. Both the role of character and leadership are increasingly questioned, however, on the basis that situational factors are more influential than leadership and character. A closer look suggests that an interactionist perspective, with leadership, character, and the situation interplaying, is more accurate. It is still good leadership that keeps soldiers from crossing the line between the lawful use of force and excessive violence. (shrink)

What significance does "ethics" have for the men and women serving in the military forces of nations around the world? What core values and moral principles collectively guide the members of this "military profession?" This book explains these essential moral foundations, along with "just war theory," international relations, and international law. The ethical foundations that define the "Profession of Arms" have developed over millennia from the shared moral values, unique role responsibilities, and occasional reflection by individual members the (...) profession on their own practices - eventually coming to serve as the basis for the "Law of Armed Conflict" itself.This book focuses upon the ordinary men and women around the world who wear a military uniform and are committed to the defense of their countries and their fellow citizens. It is about what they do, how they do it, what they think about it, how they behave when carrying out their activities, and how they are expected to behave, both on and off the battlefield - and what everyone needs to know about this. The book also examines how military personnel are treated and regarded by those whom they have sworn to defend and protect, as well as how they treat and regard one another within their respective services and organizational settings. Finally, the book discusses the transformations in military professionalism occasioned by new developments in armed conflict, ranging counterinsurgency warfare and humanitarian military intervention, to cyber conflict, military robotics, and private military contracting. From China to Russia, author George Lucas effectively sheds light on today's military ethics in existence throughout the world. What Everyone Needs to Know® is a registered trademark of Oxford University Press. (shrink)

This article argues that military conditioning (MC) systematically violates the human dignity of soldiers. The argument relies on an absolute deontologist account of human dignity understood as a claim-right to live in self-respect, which is a right to decide on one’s own behalf about, and to be in control of, essential aspects of one’s own life. The article claims that MC violates soldiers’ dignity so understood because the largely automatic physical killing reflex that MC instills aims to remove their (...) freedom of choice to kill or not to kill, while the MC practices that rationalize the killing of opponents aim to subvert soldiers’ moral deliberation in relation to this behavior. MC thus aims to take away soldiers’ control over a very essential aspect of human life: the decision whether to take life in war. Thereby, MC systematically violates their human dignity. The article concludes with a proposal for an amendment to international law that would allow legal institutions to do more justice to soldiers’ dignity. (shrink)

The present paper is devoted to a detailed presentation of a new Military Ethics doctrine of fighting terror. It is proposed as an extension of the classical Just War Theory, which has been meant to apply to ordinary international conflicts. Since the conditions of a fight against terror are essentially different from the conditions that are assumed to hold in the classical war (military) paradigm or in the law enforcement (police) paradigm, a third model is needed. The paper (...) proposes such a model in the form of principles that should govern the activity of a democratic state when faced with terror. Eleven principle are proposed. Two are on the level of the state, including the Principle of Self-Defense Duty. Six are related to military preventive acts against activities of terror, including new formulations of a Principle of Military Necessity, a Principle of Distinction, and a Principle of Military Proportionality. Principles of Low Probabilities, Time Span Considerations and Professional Understanding are also included. Finally, three principles that are related to consciousness-directed activities against terror are added: a Principle of Permanent Notice, a Principle of Compensation, and a Principle of Operational Deterrence. The exposition of the principles is accompanied by arguments about their moral justification. The doctrine has been developed on the background of the IDF fight against acts and activities of terror performed by Palestinian individuals and organizations. (shrink)

Military physicians are often perceived to be in a position of ‘dual loyalty’ because they have responsibilities towards their patients but also towards their employer, the military institution. Further, they have to ascribe to and are bound by two distinct codes of ethics, each with its own set of values and duties, that could at first glance be considered to be very different or even incompatible. How, then, can military physicians reconcile these two codes of ethics and (...) their distinct professional/institutional values, and assume their responsibilities towards both their patients and the military institution? To clarify this situation, and to show how such a reconciliation might be possible, we compared the history and content of two national professional codes of ethics: the Defence Ethics of the Canadian Armed Forces and the Code of Ethics of the Canadian Medical Association. Interestingly, even if the medical code is more focused on duties and responsibility while the military code is more focused on core values and is supported by a comprehensive ethical training program, they also have many elements in common. Further, both are based on the same core values of loyalty and integrity, and they are broad in scope but are relatively flexible in application. While there are still important sources of tension between and limits within these two codes of ethics, there are fewer differences than may appear at first glance because the core values and principles of military and medical ethics are not so different. (shrink)

PART I PROLEGOMENA ACTING ON ORDERS "First, words are our tools, and, as a minimum, we should use clean tools: we should know what we mean and what we do ...

In reconstructing and commenting upon the Kosovo conflict, the cognitive interest of practical philosophy does not evade a political judgment but is primarily led by the interest in answering the question of what normative yardsticks are available (to politicians and to the public) for coping with a situation where the international order of law fails to provide a legal solution to the problem of preserving peace and, at the same time, protecting human rights that are severely violated by a sovereign (...) state. The paper proposes an answer from the point of view of an ethics of history-related responsibility, which takes into account three normative levels based on ethical, legal and political considerations. In this light the action of NATO must be judged. (shrink)

This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs, and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by (...) established professionals and respected commentators. (shrink)

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by (...) the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently “in recognition of” both “their service” and “the intense stress and mental and emotional toll” of combat. The former factor suggests there being a “social contributions” or gratitude-based discount, whereas the latter factor points towards a “mental disturbance” discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State’s hand in producing his criminality undermines its standing to blame him. (shrink)

In one common type of hybrid war states intervene on behalf of insurgents who represent a repressed identity group, but without ‘putting boots on the ground’. Such cases may be regarded as hybrids which contain elements of both ‘old’ and ‘new wars’. In ‘old wars’ victory in combat is sought and non-combatants do not need to be targeted. ‘New wars’ are identity conflicts in which civilians on the opposing side themselves become the hated objects of attack. This poses problems for (...) an intervening state which would not wish to tolerate such behaviour. One question to ask is whether the state owes the insurgents medical assistance if they require it. While they have a prima facie claim as combatants, their bad behaviour, it is argued, leads them to forfeit it. In ‘old wars’ civilians expect those fighting on their behalf to avoid attacks on enemy non-combatants, and states will wish insurgents to do likewise. Were military medics to treat insurgents who breach the laws of armed conflict and return them to service and probable re-offending they would arguably be accomplices. Medics should not be placed in this position for their role is not only ‘to conserve the fighting strength’ and to mitigate the horrors of war but also to facilitate its being fought justly. For, were they not to be deployed to treat wounded civilians and prisoners when possible, more suffering would ensue than necessity required, contrary to the cardinal principle of jus in bello. But similarly, if they allowed this sort of suffering to occur by treating lawless insurgents who go on to cause it, then the same principle is breached. Therefore, they should not be deployed when this would happen. (shrink)

Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they (...) have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs. (shrink)

This article argues in favor of holding leaders responsible for international crimes but also worries quite a bit about what would be a fair standard of mens rea for these leaders. Section 1 sets out the key facts of the case and the basis of the International Criminal Tribunal for Yugoslavia Trial Chamber's conviction of General Tihomir Blaskic. Section 2 presents the basis of the ICTY Appeals Court's overruling of the Trial Chamber's decision. Section 3 focuses on the issue of (...) mens rea concerning those who command others to commit such crimes as the taking of hostages and the use of human shields. Section 4 sets out a limited argument in favor of negligence as a type of mens rea in international criminal law. Finally, section 5 discusses the relevance of the idea of the theory of joint criminal liability in such cases. (shrink)

This book introduces the field of hermeneutics through a critique of military operations in Afghanistan. Following a brief survey of modern political history of the country, the authors examine the link between cultural factors and the inefficiency of nation-building operations. Additionally, the project discusses contending academic approaches to culture, and identifies shortcomings in their theoretical propositions for military operations in failed states. Ultimately, this volume contextualizes the evolution of hermeneutical thinking and the benefits it provides in assessing the (...) transformation of culture through military intervention. (shrink)

Changing faces of war and war-like situations have led in recent years to new forms of military deployment. They range from the so called "war on terrorism" with e.g Operation Enduring Freedom or humanitarian interventions (e.g. Kosovo 1999) to deployments within disaster relief missions as lately in Haiti. These pose not only moral, legal, and organizational challenges to states and the international community but also put individual soldiers and military (medical) personnel in situations that their classical formation does (...) not prepare them for. For they face (i) situations not sufficiently covered/ regulated by international humanitarian (IHL) law and/or (ii) tasks that are not within the range of the "classical soldier". These changing needs require new forms of education in the military and highlight the role of ethical education as many of the dilemmas cannot be resolved by sole reference to the IHL. In addition to a solid knowledge of the law of armed conflict (LOAC), military personnel should therefore acquire fundamental skills of ethical reasoning in dilemma situations. Our article aims at (i) outlining the goals of a military medical ethics education that responds to these needs and the practical challenges of present-day military deployment and (ii) present how the ICMM tries to integrate these goals in its educational program. (shrink)

Mehlman and Li offer a framework for approaching the bioethical issues raised by the military use of genomics that is compellingly grounded in both the contemporary civilian and military ethics of medical research, arguing that military commanders must be bound by the two principles of paternal- ism and proportionality. I agree fully. But I argue here that this is a much higher bar than we may fully realize. Just as the principle of proportionality relies upon a thorough (...) assessment of harms caused and military advantage gained, the use of genomic research, on Mehlman and Li’s view, will require an accurate understanding of the connection between genotypes and phenotypes – accurate enough to ameliorate the risk undertaken by our armed forces in being subject to such research. Recent conceptual work in evolutionary theory and the philosophy of biology, however, renders it doubtful that such knowledge is forthcoming. The complexity of the relationship between genotypic factors and realized traits (the so-called ‘G→P map’) makes the estimation of potential military advantage, as well as potential harm to our troops, incredibly challenging. Such fundamental conceptual challenges call into question our ability to ever satisfactorily satisfy the demands of a sufficiently rigorous ethical standard. (shrink)

The author investigates the view that there is a moral obligation to serve in the armed forces of the nation State of which one is a citizen resident (with special reference to young American men at the present time). It is conceded that under current law in this country there may be such a legal obligation, that many men may be obliged to render such service, and that under certain circumstances even a moral obligation to serve may also exist. What (...) is denied is that any of the familiar theories of moral obligation is adequate in existing circumstances to establish this thesis in general. The result is either that a new theory of moral obligation must be developed to fit the current facts, or the present assessment of those facts must be fundamentally revised, or we must concede that draftees and men generally have no such moral obligation of service at all. (shrink)

Susan Sauvé Meyer presents a new translation of Plato's Laws, 1 and 2. In these opening books of Plato's last work, a Cretan, a Spartan, and an Athenian discuss legislative theory, moral psychology, and the criteria for evaluating art. The interlocutors compare the relative merits of different nomoi (laws, practices, institutions), in particular, the communal meals (sussitia) practiced in Sparta and Crete and the paradigmatically Athenian institution of the drinking party (sumposion). They agree that the legislator's goal is to inculcate (...) virtue in the citizens, but they disagree about what the virtues are, and what institutions are required to inculcate them. The Spartan and Cretan, who value military strength in a city and courage in its citizens, see no value in drinking parties, which they take to encourage softness and susceptibility to pleasure. The Athenian insists that drinking parties train citizens in moderation, just as military exercises train citizens in courage. He defends this paradoxical thesis by offering a moral psychology and theory of virtue (rather different from that of the Republic but highly evocative of Aristotle's Ethics), along with a theory of education in which choral song and dance play an important role. A detailed discussion of the criteria for evaluating works of art rounds out the discussion, and here too the reader will find a discussion very different from the treatment of art in the Republic. Meyer's fluent and readable translation achieves a high standard of fidelity to the original Greek. The commentary lays bare the structure of the argumentation, illuminates the philosophical issues, and explains difficult passages, making this complex and intricate work accessible to students and scholars alike. (shrink)