The most defensible justifications of war in the European intellectual tradition hold that war is instrumentally necessary for the maintenance of peace and order. An investigation of Ancient Chinese philosophical attitudes towards war calls this assumption into question. The closest parallel to an instrumental concept of war is found in the Legalist school, but historical experience in China has rejected this. The Confucian school, especially Mencius and Xunxi, insists that war is not instrumental in creating social order, but derives from (...) the prior establishing of cultural and political authority, and thus must be punitive in nature. Even the use of “punitive expeditions” is not instrumental, but rather demonstrative or performative in nature, for if coercive methods are necessary, the authority to use them is arguably absent. War for the Chinese, then, is not justified by the necessity for creating public order, but is in itself a sign of the failure to achieve such an order. This contrasts sharply with the views of the dominant Western thinkers on war, such as Michael Walzer, whose positions insist upon the instrumental necessity of armed force, even to the point of absurdity. The ancient Chinese position suggests that this necessity may be ungrounded. (shrink)

The article deals with the problem of moral justification of humanitarian intervention by modern just war theorists. At the beginning of the article, we discuss the evolution of the dominant paradigms of the moral justification of war and explain why the theory and practice of humanitarian intervention appears only at the present stage of the development of ethics and the law of war. It is noted that theorization of humanitarian intervention began in the last decades of the 20thcentury. (...) This is due to a significant transformation, a retreat in the legal and ethical studies of war from the position of radical condemnation of aggressive actions and the recognition of the political subjectivity of non-state groups. Thus, there is a rethinking of the long tradition, the Westphalian system of international relations, according to which the state was recognized as the main participant of big politics, and its sovereign right to conduct domestic policy was considered indisputable. Further, we take the works of Michael Walzer as the main source of modern conceptualization of the ethics of humanitarian interventionism, since Walzer repeatedly addressed this topic and formulated a position on this issue that is representative of the entire modern Just War Theory. The arguments of Walzer and his supporters in favor of the moral justification of humanitarian intervention are considered. Among them are the following. First, the argument about the state as an organization which goal is to protect the rights of its own citizens. If this goal is not not achieved, the state shall loose its power over these people and in this territory. Second, Walzer calls for identifying governments and armed forces involved in mass murders as criminal and, therefore, deserving of punishment. Finally, there is, perhaps the most important, demonstrative argument: an appeal to the self-evident impossibility to stand aside in cases of mass violence in any state. This is followed by a critique of these arguments, as well as a demonstration of how the modern Just War Theory can respond to these criticisms. (shrink)

_A few public actions prepared the way for the Russian invasion of Ukraine, the purpose of which was to define a special military operation as forced, necessary and inevitable. The use of armed force against Ukraine was discussed during those public events. The Russian authorities applied many arguments, and a great deal of attention was paid to the moral justification of war. In this article, I consistently analyze three problems: why did Russian officials use moral language to justify the (...) war, what arguments did they use, and would these arguments retain their effect in the long term. I will examine several addresses made by the President of Russia and the Russian Federation Security Council meeting materials to address these questions. I conclude that Putin's lack of legitimacy forced him to justify the war in moral terms, and the peculiarities of Russian moral discourse allowed him to do that. However, even if this strategy was effective to a certain extent at the beginning of the war, it can hardly be stable and sustainable._ _Keywords_: invasion of Ukraine, Russia, Ukraine, just war, morality. (shrink)

This paper critically assesses three claims on behalf of the Iraq war made by the Bush administration and by various defenders of the war. Then it steps back from the specifics of these three rationales to ask whether they are in fact of the same sort.

The Islamic Law of War: Justifications and Regulations. By Ahmed Al-Dawoody. Palgrave Series in Islamic Theology, Law, and History, vol. 2. New York: Palgrave Macmillan, 2011. Pp. xiii + 338. $90.

Book Review: Ahmed Al Dawoody, The Islamic Law of War - Justifications and Regulations -.

This book addresses the concepts of sovereignty, justice and justification in relation to western warfare. It argues that ontological assumptions about human life underpin these concepts. This book focuses on these assumptions and shifts our attention away from the question of our right to kill and towards the question of the construction of life.

The paper examines the justification of warfare. The main thesis is that war is very difficult to justify, and justification by invoking “justice” is not the way to succeed it. Justification and justness are very different venues: while the first attempts to explain the nature of war and offer possible schemes of resolution, the second aims to endorse a specific type of warfare as correct and hence allowed – which is the crucial part of “just war theory.” (...) However, “just war theory,” somewhat Manichean in its nature, has very deep flaws. Its final result is criminalization of war, which reduces warfare to police action, and finally implies a very strange proviso that one side has a right to win. All that endangers the distinction between ius ad bellum and ius in bello, and destroys the collective character of warfare. Justification of war is actually quite different – it starts from the definition of war as a kind of conflict which cannot be solved peacefully, but for which there is mutual understanding that it cannot remain unresolved. The aim of war is not justice, but peace, i.e. either a new articulation of peace, or a restoration of the status quo ante. Additionally, unlike police actions, the result of war cannot be known or assumed in advance, giving war its main feature: the lack of control over the future. Control over the future, predictability, is a feature of peace. This might imply that war is a consequence of failed peace, or inability to maintain peace. The explanation of this inability forms the justification of war. Justice is always an important part of it, but justification cannot be reduced to it. The logic contained here refers to ius ad bellum, while ius in bello is relative to various parameters of sensitivity prevalent in a particular time, with the purpose to make warfare more humane and less expensive. (shrink)

This chapter applies insights from the expressive theory of punishment to the case of the punishment of war criminals by international tribunals. Wringe argues that although such cases are not paradigmatic cases of punishment, the denunciatory account can still cast light on them. He argues that war criminals can be seen as members of an international community for which international tribunals can act as a spokesperson. He also argues that in justifying the punishment lof war criminals we should pay especial (...) attention to the expressive function of the trial. (shrink)

The present study examined how the pre-war debate of the US decision to invade Iraq (in March 2003) was discursively constructed in the US/British mainstream newspaper opinion/editorial (op/ed) argumentation. Drawing on theoretical insights from critical discourse analysis and argumentation theory, I problematised the fallacious discussion used in the pro-war op/eds to build up a ‘moral/legal case’ for war on Iraq based on adversarial (rather than dialogical) argumentation. The proponents of war deployed ‘instrumental rationality’ (ends-justify-means reasoning), ‘ethical necessity’ (Bush’s ‘Preemption Doctrine’) (...) and ‘humanitarian virtue’ (the bombing of Iraq to ‘save’ Iraqis from Saddam’s pestilent tyranny) to justify the pending invasion of Iraq. Their arguments intertextually resonated with Bush administration’s ‘war on terror’ rhetoric in a way that created a form of indexical association through ‘recontextualisation’. The type of arguments marshalled by the pro-war op/ed commentators uncritically bolstered the set of US official ‘truth claims’ and ‘presuppositions’. (shrink)

How are justifications for religious violence developed and dothey differ from secular justifications for violence? Can liberalsocieties tolerate potentially violent religious groups? Can thosewho accept religious justifications for violence be dissuaded fromacting violently? Including six in-depth contemporary case studies,The Justification of Religious Violence is the first book toexamine the logical structure of justifications of religiousviolence. The first book specifically devoted to examining the logicalstructure of justifications of religious violence Seeks to understand how justifications for religious violenceare developed and how (...) or if they differ from ordinary secularjustifications of violence Examines 3 widely employed premises used in religiousjustifications of violence – ‘cosmic war’, theimportance of the afterlife, and ‘sacred values’ Considers to what extent liberal democratic societies shouldtolerate who hold that their religion justifies violent acts Reflects on the possibility of effective policy measures topersuade those who believe that violent action is justified byreligion, to refrain from acting violently Informed by recent work in psychology, cognitive science,neuroscience and evolutionary biology Part of the Blackwell Public Philosophy Series. (shrink)

This paper focuses on a comparative analysis of the legitimate exercise of democratic power in the philosophies of Montesquieu and Locke. This analysis not only highlights a strong bifurcation in liberal thought, it also sheds light on the contemporary practice of liberalism through the example of the United States’ ‘War on Terror.’ I argue that although it is Locke who at first blush gives an account of the exercise of democratic power that is more opposed to tyranny, it is Montesquieu’s (...) broader conception that is in many ways more effective at tracking and combating tyranny. (shrink)

Using a religious studies methodology, this paper offers a detailed contextual mapping and a structural configuration of how collective violence is justified in Orthodox Christianity. The research design is explanatory, whereby the functional perspectives of doctrine, ethics and worship are all investigated and probed as phenomena of lived religion and orthopraxy. While predominantly initiatory and pedagogical, the paper also proposes a systematic platform for advanced research on this subject, by flagging contexts, themes and areas of inquiry that a researcher might (...) examine in order to untangle the inner workings of the justification of violence in the mind of the Orthodox. Given the ongoing Russian War on Ukraine, relevant samples are drawn from this case.Contribution: This paper outlines the Orthodox Christian justification of violence from the perspectives of doctrine, ethics and ritual and identifies pivotal areas of ambiguity between orthodoxy and orthopraxy. (shrink)

Throughout the text of the _Han Feizi_, we see opposition to traditional (and often Confucian) perspectives on a wide range of state activities, both internally and externally. This antipathy towards the traditional morally-based criteria for justifying state actions extends to the questions of when, how, and if to wage war. In what we may today think of as reasoning akin to Western conceptions of political realism, Han Fei argues that considerations of morality have no place, either in questions of war (...) and peace or, indeed, in broader questions of politics more generally. This is not, though, to say that Han Fei is uninterested in broader questions of when ware and peace are justified. However, such justifications are based not to be justified by appeal to moral concerns. Rather, the fundamental question to be answered is how the strength, security, and flourishing of the state would be affected by warfare. By viewing questions of war and peace from the perspective of state consequentialism, Han Fei believes that we can ascertain the answers to questions not only about when and if to engage in warfare, but also to questions of what particular actions can be justified within the context of war. (shrink)

Nearly four decades after a revolution, experiencing one of the longest wars in contemporary history, facing political and ideological threats by regional radicals such as ISIS and the Taliban, and having succeeded in negotiations with six world powers over her nuclear program, Iran appears as an experienced Muslim country seeking to build bridges with its Sunni neighbours as well as with the West. "Ethics of War and Peace in Iran and Shi'i Islam explores the wide spectrum of theoretical approaches and (...) practical attitudes concerning the justifications, causes and conduct of war in Iranian-Shi'i culture. By examining primary and secondary sources, and investigating longer lasting factors and questions over circumstantial ones, Mohammad Jafar Amir Mahallati seeks to understand modern Iranian responses to war and peace. His work is the first in its field to look into the ethics of war and peace in Iran and Shi'i Islam. It provides a prism through which the binary source of the Iranian national and religious identity informs Iranian responses to modernity. By doing so, the author reveals that a civilization-conscious soul in modern Iran is re-emerging. (shrink)

Starting from the trans-Atlantic divide on the issue of justification of force which became obvious after 9/11, it is argued that the differences between the Anglo-American and Continental-European standard arguments can be overcome by a moderate institutionalist cosmopolitanism. It combines a moderate institutionalist approach with a comprehensive concept of human rights and a moderate cosmopolitan stand on the issue of international distributive justice. If all three aspects are taken into account adequately in an ethical theory of international relations, both (...) the Anglo-American traditions of just war theory and a radical Kantian legalism must be revised and common ground could be revealed. (shrink)

In this book Uwe Steinhoff describes and explains the basic tenets of just war theory and gives a precise, succinct and highly critical account of its present status and of the most important and controversial current debates surrounding it. Rejecting certain in effect medieval assumptions of traditional just war theory and advancing a liberal outlook, Steinhoff argues that every single individual is a legitimate authority and has under certain circumstances the right to declare war on others or the state. He (...) also argues that the just cause cannot be established independently of the other criteria of jus ad bellum (the justification of entering a war), except for right intention, which he interprets more leniently than the tradition does. Turning to jus in bello (which governs the conduct of a war) he criticizes the Doctrine of Double Effect and concludes that insofar as wars kill innocents, and be it as "collateral damage", they cannot be just but at best justified as the lesser evil. Steinhoff gives particular attention to the question why soldiers, allegedly, are legitimate targets and civilians not. Discussing four approaches to the explanation of the difference he argues that the four principles underlying them all need to be taken into account and outlines how their weighing can proceed if applied to concrete cases. The resulting approach does not square the distinction between legitimate and illegitimate targets with the distinction between soldiers and civilians, which has extremely important consequences for the conduct of war. Finally, Steinhoff analyses the concept of terrorism and argues that some forms of "terrorism" are actually not terrorism at all and that even terrorism proper can under certain circumstances be justified. (shrink)

As the United States is currently prosecuting two wars, it is important to consider whether those wars, and the resulting noncombatantcasualties, can be morally justified. Such consideration can be initiated by considering some of Alan Donagan’s work in his book The Theory of Morality. In that book Donagan sets out to develop, as a philosophical system, that part of the common morality according to the Hebrew-Christian tradition, which does not depend on any theistic beliefs. According to that tradition it is (...) sometimes morally permissible to resort to war. This poses a problem because also part of the tradition is a near absolute prohibition on harming innocent people. Since innocent people die in war, there is a tension here.Donagan claims that this problem can be solved by assigning the blame for some such deaths to the aggressor, thereby permitting (some) resorts to war. This paper shows that this solution is inadequate; and defends a more plausible (and more traditional) justification for some innocent deaths. This justification is consistent with the system Donagan develops, and thus may have application in the consideration of the justification of the two wars currently being prosecuted by the United States. (shrink)

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)

This book provides a thorough critical overview of the current debate on the ethics of war, as well as a modern just war theory that can give practical action-guidance by recognizing and explaining the moral force of widely accepted law. Traditionalist, Walzerian, and "revisionist" approaches have dominated contemporary debates about the classical jus ad bellum and jus in bello requirements in just war theory. In this book, Uwe Steinhoff corrects widely spread misinterpretations of these competing views and spells out the (...) implications for the ethics of war. His approach is unique in that it complements the usual analysis in terms of self-defense with an emphasis on the importance of other justifications that are often lumped together under the heading of "lesser evil." It also draws on criminal law and legal scholarship, which has been largely ignored by just war theorists. Ultimately, Steinhoff rejects arguments in favor of "moral fundamentalism"-- the view that the laws and customs of war must simply follow an immutable morality. In contrast, he argues that widely accepted laws and conventions of war are partly constitutive of the moral rules that apply in a conflict. The Ethics of War and the Force of Law will be of interest to scholars and advanced students working in just war theory, applied ethics, political philosophy, political theory, philosophy of law, and criminal and military law. (shrink)

This paper is concerned with Leibniz’s Egypt Plan, written in 1671 and 1672, when Leibniz was in the service of the Elector of Mainz. One of the aims of this paper is to offer a more balanced and plausible reading of the religious benefits of war that Leibniz outlines in his Egypt plan.

This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, (...) the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)

Max Scheler’s contribution to the early development of phenomenology is second to only Edmund Husserl’s. What perhaps distinguishes Scheler’s early contribution is his willingness to examine phenomenologically social and political phenomena. Not only did this early trajectory lead him to develop a non-formal value theory, but it also enabled him to engage directly in the political problems of his time. Like many of his contemporary intellectuals, Scheler was an adamantsupporter of German aggression during the onset of World War I, and (...) he wrote many works during this time demonstrating the value and justification of the war. In only a few years’ time, Scheler’s position on the value of war shifted dramatically and he began to defend a position of peace and pacifism. The aim of this paper is twofold: (1) to clarify the early themes and influences in phenomenology that prepared Scheler for his analysis of war and peace; and (2) to illustratehow Scheler’s analysis offers the possibility of concretising the present experience of war and the possibility of peace. (shrink)

Max Scheler’s contribution to the early development of phenomenology is second to only Edmund Husserl’s. What perhaps distinguishes Scheler’s early contribution is his willingness to examine phenomenologically social and political phenomena. Not only did this early trajectory lead him to develop a non-formal value theory, but it also enabled him to engage directly in the political problems of his time. Like many of his contemporary intellectuals, Scheler was an adamantsupporter of German aggression during the onset of World War I, and (...) he wrote many works during this time demonstrating the value and justification of the war. In only a few years’ time, Scheler’s position on the value of war shifted dramatically and he began to defend a position of peace and pacifism. The aim of this paper is twofold: (1) to clarify the early themes and influences in phenomenology that prepared Scheler for his analysis of war and peace; and (2) to illustratehow Scheler’s analysis offers the possibility of concretising the present experience of war and the possibility of peace. (shrink)

Why is it that the laws of war, or international humanitarian law (IHL), allow no justification for breaking the law even if where such conduct would actually produce less humanitarian harm than following the law? In introducing the concept of a humanitarian necessity justification, and complementing existing work on humanitarian exceptions to the jus ad bellum, this paper suggests that it should. It first addresses the puzzle of IHL's existing absolutist stance with regard to compliance with IHL norms; (...) to demonstrate the implications of this absolutist stance, I use three historical case studies in which actors broke the law under a claim of necessity, or a mixed concern for self and others: The Early Warning Procedure employed by the IDF in the West Bank, the paradigmatic case of interrogational torture, and the atomic bombings of Hiroshima and Nagasaki. I then examine whether the domestic necessity defense in criminal law might be transposed onto the international level, ultimately finding that such transposition is impossible given the different assumptions that operate in domestic criminal law and IHL. In further searching for an account for IHL's absolutist stance and the possibility of mitigating that stance, the paper turns to first-order accounts - deontological, consequential, and institutional. I argue that none of these accounts offers a sufficiently convincing explanation for the exclusion of a humanitarian necessity paradigm, and instead, that room should be made for some humanitarian-driven exceptions. Ultimately, the paper offers a blueprint for a definition for a humanitarian necessity justification that would exculpate an actor who violated the laws of war in the name of a greater humanitarian good. The central component of the definition is a requirement that the greater humanitarian good would be for the benefit of the enemy, rather than for oneself. Under such paradigm, the Early Warning Procedure and perhaps even the atomic bombing of Hiroshima (but not Nagasaki) might be justified, while the paradigmatic case of interrogational torture could not. (shrink)

This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted (...) states to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society. (shrink)

This paper studies both Locke's Two Treatises of Government and Sidney's Discourses Concerning Government. It suggests that there is a much closer relationship between them than has usually been assumed. In particular, there is a community of language, and of argumentation, underlying their justifications of resistance. This hinges upon the rights, and the law, of war. This language was a Dutch inheritance: it derived specifically from Hugo Grotius' classic The Law of War and Peace (1625). But its development here also (...) drew upon two English contexts: both the political crisis of 1678-83 and the earlier experience of the English civil wars. I have argued elsewhere that the crisis of 1678-83, usually called the exclusion crisis, was at one level a reliving of the experience of the civil wars. It was the Restoration crisis, and it was triggered by a collapse of confidence in the Restoration settlement. Indeed beneath the constitutional veneer of the Restoration period as a whole -- a restoration of constitutional normality as superficial as it was brief -- lay the proximity, and eventually the fact, of political (and judicial) violence. It was within this context that there emerged, in the work of Locke and Sidney, an ideology of political and judicial violence that drew upon the experience of half a century of England's troubles. In so tracing their use of Grotius we will be considering the reflections of some of Early Modern Europe's most influential writers upon what was the primary political problem of their age. (shrink)

The article discusses the main features of the Russian philosophy of war that developed in the first third of the 20th century. The author shows that in Russia, the philosophy of war did not develop as a separate broad line of research but limited itself to only a few meaningful, but rather brief, experiments. Nevertheless, many Russian philosophers left deep, well-founded reasoning about war, which can be reconstructed as a consistent system of views. One of its features is the shift (...) in the focus of considering armed violence from the sociological and political to the anthropological and ethical; the focus is not on war as a social phenomenon, but on the human’s position in war. In this regard, the attitude to war in Russian philosophy is paradoxical. On the one hand, war brings a lot of evil in the form of death of many people and destruction, but, on the other hand, it promotes to the manifestation of the best moral qualities in people, up to selflessness and heroism. Armed violence seems to be a tragedy of the Christian conscience, and each participant must independently find a justification for his participation in the war. Based on the conditions of a difficult moral choice, personal, existential justification may come from the idea that people cannot commit violence with a clear conscience. In this case, the person choosing to participate in a war perceives the battle as his own guilt that should be expiated. (shrink)

This essay makes three claims about preventive war, which is demarcated from preemptive war and is part of a broader class of ?anticipatory? wars. Anticipatory wars, but especially preventive war, are ?hard cases? for traditional Just War theory; other puzzles for this tradition include nuclear deterrence, humanitarian intervention, and provability a priori of the success of Tit-for-Tat. First, and despite strong assertions to the contrary, it is far from clear that preventive war is absolutely prohibited in traditional Just War Theory, (...) and it is also dubious that it is in all cases ?clearly illegal?. Second, the morality of both preemptive and preventive wars is shown to turn on epistemological considerations: on what degree and kind of justification the primary metaphysical facts of threat can be reasonably believed. Third, an argument is made that whatever epistemic threshold is held to be necessary, some preventive wars will exceed it, and that this is more likely with advancing technologies of information acquisition. Finally, the common argument that allowing all nations to follow policies of preventive war would result in more wars than barring such policies is shown to be mistaken by simulations in game theory. Suggestions are made about the derivation of traditional Just War criteria from more basic moral principles, and about their subtle failures as jointly necessary conditions for the morality of war. (shrink)

Attempts to simplify ethics in war by claiming exclusive legitimate authority for the law of armed conflict underestimate the moral complexities facing soldiers. Soldiers risk wrongdoing if they refuse moral guidance that can independently evaluate their legal permissions. State soldiers need to know when to object to a legal duty to fight; nonstate fighters need to know when to disregard legal prohibitions against fighting. And both might sometimes best discharge their moral duties by following a bespoke rule departing from noncombatant (...) immunity in a principled way that has been designed for a particular conflict by an authoritative leadership. (shrink)

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, (...) crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation. (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)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s (...) argument fails to vindicate the law’s authority over all combatants. (shrink)

One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, the (...) accomplishments of these scholars provide an important example to all those engaged in thinking about military ethics. (shrink)

This paper defends revisionism against a challenge: that it cannot convincingly hold that many instances of killing in war are morally wrong but should nonetheless remain legally permissible. The paper argues that we should view the relationship between the morality of war and the laws of war as analogous to the relationship between fundamental principles and rules of regulation in debates about theories of justice. This yields a fresh justification for the law’s divergence from morality, which absolves revisionism from (...) the twofold charge of being at once irrelevant and incoherent. It also helps clarify persisting ambiguities concerning the contrast between war and ‘ordinary life,’ the contested notion of a ‘deep morality’ of war, and revisionism’s relationship to ideal and non-ideal theory. (shrink)