In this new edition of the classic book on the moral conduct of war, Sidney Axinn provides a full-length treatment of the military conventions from a ...

The purpose of this paper is to critically assess Michael Walzer's use of John Stuart Mill's text 'A Few Words on Non-Intervention' in his seminal work Just and Unjust Wars. Although point by point, I think Walzer's reading of Mill is largely sound, I will argue that the specific narrative into which Walzer orders these points places a highly tendentious spin on the original text. More precisely, Walzer's way of articulating the negative aspects of Mill's argument--the general presumption against intervention--obscures (...) the many positive reasons that may be seen to follow in favor of intervention from the text. Surprisingly, perhaps, from a closer reading of Mill is likely to emerge a picture of international political morality that is closer to Walzer's present views on the subject than Walzer himself might like to admit. (shrink)

During the 1990s, international society increasingly recognised that states who abuse their citizens in the most egregious ways ought to lose their sovereign inviolability and be subject to humanitarian intervention. The emergence of this norm has given renewed significance to the debate concerning what it is about humanitarian intervention that makes it legitimate. The most popular view is that it is humanitarian motivations that legitimise intervention. Others insist that humanitarian outcomes are more important that an actor's motivations, pointing for instance (...) to the ousting of the Khmer Rouge by Vietnam. Given the centrality of this debate, this article reinvestigates the ?motives versus outcomes? debate and suggests an alternative reading based on the classic Just War tradition. It argues that an actor's intentions are vital to assessing the legitimacy of an intervention. (shrink)

This paper questions the moral foundations of the equal war-right to kill in international law. Although there seems to be a moral difference between fighting a just and unjust war, this need not reflect on our moral assessment of soldiers, since unjust combatants can be non-culpable by virtue of excuse. Under the aspect of immunity from blame, an equal war-right to kill is upheld, and belligerent equality restored among innocents. It must therefore be proven that innocent threats can be justifiably (...) killed. If this fails, there is nothing about the people who kill and are killed in war that justifies their killing. This leads to a strong presumption against war and to question the notion of just war. Further, there should be an incentive to increase protection of combatants in war. (shrink)

Abstract During the 20th century some versions of just war doctrine came to restrict the condition of just cause to defense, that is, these just war doctrines now hold it to be a necessary condition for the moral justifiability of any war that it be undertaken for defensive purposes. These purposes need not be self ? defensive but may be defensive of the welfare and legitimate rights of other polities and groups. Some reasons for war are obviously not defensive, for (...) example, the acquisition of territory or the assertion of imperialist control. But the boundaries of defensive warfare are unclear. I will consider two important cases in which this lack of clarity is proving to be morally significant: namely, preventive and punitive warfare undertaken for the sake of the goal of defense. I will argue that the normative rationale for limiting just cause to defense does not allow these as legitimate forms of defense. That rationale moves towards the view that one should not intend the deaths of enemies but only the restraint of their wrongdoing, and preventive and punitive warfare appear to involve intending the deaths of enemies. (shrink)

That much goes without saying. What is controversial, however, is how we might understand and respond to these new wars. This book offers a new approach.

This article presents Kautilya, the most important thinker in the tradition of statecraft in India. Kautilya has influenced ideas of war and violence in much of South- and Southeast Asia and he is of great importance for a comparative understanding of the ethics of war. The violence inflicted by the king on internal and external enemies is pivotal for the maintenance of an ordered society, according to Kautilya. Prudence and treason are hallmarks of Kautilya's world. The article shows that this (...) realist and cynical view of politics is very different from other traditions in India, especially the religious tradition of the epic literature, where war is a game and chivalry is paramount. I conclude that Kautilya's tradition has something in common with the Clausewitzean philosophy of war. (shrink)

Abstract This introductory article argues that world public order continues to be challenged by the emergence of the doctrines of anticipatory self-defense and humanitarian intervention. These challenges may be better understood, and reconciled, by application of the just war tradition.

Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article then applies (...) this approach to the problems of anticipatory self-defense and humanitarian intervention. (shrink)

Abstract The article criticizes the trend of reformulating the traditional just-war criterion of Proper Authority, which was designed to de-legitimize force by non-state actors, into a requirement that decisions to resort to force be multilateral. The article illustrates several shortcomings of the judgment processes of the UN Security Council and General Assembly, the World Court, and states? populations, and argues among other things that reformulating Proper Authority would render other criteria meaningless, especially Just Cause. Finally, the article rebuts the strongest (...) objection to a system in which states judge their own causes for war: the problem of invincible ignorance. (shrink)

Abstract Noting that the use of modern instruments of war had unpredictable and revolutionary consequences, Morris Janowitz introduced the concept of a ?constabulary force? to show how a professional military in a liberal democratic state might use modern weapons and yet conserve the existing political order. This article explores the meaning of this concept in three ways. First, it examines the strategic assumptions underlying the concept to explain why Janowitz thought it offered an approach to containing the revolutionary consequences of (...) the use of force that was more promising than alternative concepts of military force. Second, it explores the moral implications of the concept (which Janowitz did not do), identifying key moral commitments a constabulary force must meet to sustain a liberal democratic order as it attempts to resolve dilemmas posed by the use of force. Third, it considers in what way these moral commitments are particular to a constabulary force, while yet preserving an approach to the use of force that could be applied across the spectrum of force by military structures of various kinds. (shrink)

Drawing on examples from the history of warfare from the crusades to the present day, "The ethics of war" explores the limits and possibilities of the moral regulation of war. While resisting the commonly held view that 'war is hell', A.J. Coates focuses on the tensions which exist between war and morality. The argument is conducted from a just war standpoint, though the moral ambiguity and mixed record of that tradition is acknowledge and the dangers which an exaggerated view of (...) the justice or moral worth of war poses are underlined. In the first part, the broad image of the just war is compared with the competing images of realism, militarism and pacifism. In the second part, the moral issues associated both with the decision to go to war and with the manner in which war is conducted are explored. Was the allied decision to go to war in the Gulf premature? were economic sanctions a more effective and morally preferable option? was Britain justified in going to war over the Falklands? did the allied bombing of Germany in the Second World War constitute a war crime? should the IRA's claim to belligerent status be recognised? these questions and more are raised in this important book. (shrink)

Abstract The prevalence of military activity in the experience of modern Israel has recently generated several attempts to compare western teachings on warfare and its exercise with those found in Jewish sources. The present article constitutes a contribution to that enterprise, focusing on attitudes towards what are here termed ?unlicensed wars? in the overall just war tradition. The article first defines that specific category of armed conflict, arguing that ?unlicensed wars? are characterized by a failure to follow the constitutional procedures (...) required to set the military apparatus in motion. It then goes on to analyze specifically Jewish textual traditions relating to the consequences of this situation. Finally, the paper discusses the broader messages conveyed by the term ?unlicensed war?, demonstrating how it reflects the Jewish conception of the polity as a covenantal community. (shrink)

Preface 1. Fighting Terrorism 1:1. A new Discourse on War? 1:2. Richard Rorty and the Ethics of War 2. Etiquettes of Atrocity 2:1. Etiquettes of Atrocity 2:2. Discourses on War 2:3. Keeping the discourse: the United States and Vietnam 2.4. Carl Schmitt and the theory of the Partisan 3. Changing the Discourse 3:1 Germany and the Eastern Front 1941-5 3:2 France and Algeria 1955-8 3:3 Israel and the Intifada 3:4 Conclusion 4. A New Discourse? 4:1. The War on Terror -- (...) Is it a War? 4:2. Excluding Unlawful Combatants 4:3. Network Warfare 4:4. Networked Ethics 5. Grammars of Killing 5:1 Grammars of Killing 5:2 Respecting our enemies 5: 3 Non-Lethal Weapons 6. The Unconditional Imperative 6:1 Jaspers and the Warrior Ethos 6:2 The Micromanagement of the Battlefield 6:3 Corporate Warriors? 6:4 Asimov's Children 7. Back to the Greeks 7:1 Back to the Greeks? 7:2 Simone Weil and The Iliad 7:3 Thucydides and the Melian Dialogue 7:4 What's he to Hecuba? 8 The Heuristics of Fear. (shrink)

At various times in history, a single power finds itself, at least for its region and time, a 'sole remaining superpower'. This paper explores the parallels between Athens' superpower status at the end of the Persian War and the US's superpower status in the contemporary world. Athens mismanaged her situation in ways that precipitated her own demise in the Peloponnesian War. The question of what might be analogous to Athens' conduct in contemporary US policy is explored to serve as a (...) kind of 'cautionary tale' for modern US strategy. (shrink)

Soldiers hiding in enemy territory that are discovered by civilians face acute ethical problems as to what to do about them. The law of armed conflict forbids harming civilians, yet if they are released they may well betray the soldiers and alert enemy forces that will kill or capture the soldiers. This is not just a theoretical problem; there are recent documented accounts of British and American soldiers who have found themselves in such a position and who have died because (...) they released the civilians. This paper argues that the ethical imperative here is to save the lives of both the soldiers and the civilians and that this should be the guiding principle in such cases. To this end, where possible, non-lethal means of restraint should be used on civilians to incapacitate them while the soldiers escape. (shrink)

Abstract Is the use of armed force by international forces in Afghanistan ethically justified? The answer is one of degree: the fighting is neither completely just nor completely unjust. To evaluate the extent of justification, a novel Just War Index (JWI) is introduced. It is a composite indicator: the average of estimated values for seven criteria from the long-standing Just War tradition ? Just Cause, Right Intent, Net benefit, Legitimate Authority, Last Resort, Proportionality of Means and Right Conduct, each of (...) which are evaluated on a 7-point scale. Because the two international missions using armed force in Afghanistan ? the International Security Assistance Force (ISAF) and Operation Enduring Freedom (OEF) ? have different mandates, different histories and different approaches to the use of force, they are evaluated separately. The ISAF mission is found considerably more justified than OEF though still ethically deficient. (shrink)

The essays in this volume approach the phenomenon of war from antiquity to Clausewitz from the perspective of a variety of disciplines.

Forfatterne søger at opstille et etisk system for anvendelse af militære magtmidler, såvel i fred som under krig, byggende på normer, som efter erfaringen ...

This commentary on Professor Kasher's and General Yadlin's article employs a bit of violence. It transforms and broadens some of the ideas presented in their article. I argue that committing these acts of violence are justified because, if their article is left as written, it is difficult to tell at what point the Kasher/Yadlin (K/Y) theory corresponds with just war theory and at what points it does not. This commentary alters K/Y theory, and alters classical just war theory as well, (...) so as to place the two theories in parallel as much as possible. Once the alterations are complete, it becomes more evident that the two theories share much in common. What also becomes more evident is that the two theories differ in important respects since the one deals with conventional war and the other with unconventional (asymmetric) war. The differences vindicate Kasher's and Yadlin's claim that it is necessary to spend time to re-think just war theory, especially when dealing with terrorism. (shrink)

Abstract It has become almost commonplace to regard the concepts of Responsibility to Protect (R2P) and Just War as not only compatible but rather closely connected. Contrary to this position I argue here that some Just War criteria are in significant tension with R2P. This tension results from the fact that Just War only makes war permitted while R2P prescribes an obligation. But R2P and Just War not only are in significant tension, but also suffer from inverted weaknesses: R2P is (...) too demanding while Just War is not demanding enough. Granting that R2P implies a duty to protect, I argue that such a duty is too demanding since it conflicts with the principle of ?ought implies can?, whereas Just War is arguably not far-reaching enough as ?duties-talk? does not fit into its structure. I finish by proposing an interpretation of R2P and Just War which not only eliminates the tension but also compensates for these weaknesses. (shrink)

Military affairs have been affected by major changes in the 19902. The bipolar world of two superpowers has gone. The Cold War and the global military confrontation that accompanied it have ended. A new military and political order has emerged, but the world has not become more stable, indeed, wars and armed conflict have become much more common. Forecasting the contours of future armed conflict is the primary object of this work. Focusing on the impact of new technologies, General Gareev (...) considers whether war is still a "continuation of politics by other means" or whether political, ideological and technical transformations have broken that connection. He explores the linkage beween threats to Russian national interests and war as an instrument of policy, and concludes that there is very little prospect either of nuclear war or widespread conventional war. However, he does see local armed conflicts and local wars increasing, with greater emphasis on subversion. He argues that coming decades wil see a shift toward reliance upon indirect means to accomplish limited political ends, and analyzes both information warfare and the revolution in military affairs from this perspective. (shrink)

Addresses the ethical traditions of the profession of arms, the potential conflict of overlapping professional obligations when doctors and lawyers don military ...

Abstract One of the traditional requirements of jus in bello is that military action should be proportionate in the loss and injury caused to troops to the military objectives it secures. However, the ?overwhelming force? applied in two Gulf Wars has been criticised as disproportionate. This article suggests a criterion for judging whether force is proportionate by considering what those who enter the profession of arms might be expected to tolerate or to undertake. A tacit agreement between troops on each (...) side is postulated, breaches of which count as unfair conduct, including cases of the disproportionate use of force. (shrink)

What course of action do officers have when their conscience is in conflict with their duty? William A. Gouveia, Jr., describes the case of Col. David Hackworth, whose moral indignation at the conduct of the Vietnam War led him to public condemnation of the conflict, and the premature end of his brilliant military career. Gouveia argues that Hackworth's story has continuing relevancy and highlights important issues of the military?civilian relationship in a democracy.

The malicious acts of terrorism in New York and Washington emphasized the need for states to combat terrorism. Likewise, Israel has suffered various terrorist attacks since its establishment. There are distinctive features in contemporary terrorism which call for a new assessment of its nature and the status of terrorists in domestic and international law. In October 2000, a violent conflict erupted between organizations operating within the territory of the Palestinian Authority--an entity that is not a state but is a sovereign (...) authority--and the State of Israel. This is a new type of armed conflict, one different from that treated in the international law of armed conflicts. No clear view exists as to the rules which should be applied in such a situation. This is one of the questions that shall be raised in this article. As a result of the violence against Israel, Israel initiated a policy which the media has called 'Israel's elimination policy', but which I believe may be more appropriately described as 'preventive action' taken by Israel within the framework of a military policy aimed at neutralizing terrorist organizations by targeting the perpetrators or their commanders. In this article I shall examine whether this policy is legitimate as a matter of law and morality. (shrink)

Abstract Finding the western just war criterion of reasonable chance of success to be a contribution to ethical decision making about armed conflict requires dealing with a number of critiques. Specifying ?probability? rather than the alternatives ?hope? or ?chance?, and raising standards of evidence involved, makes the term less vague. Expanding the concept of ?success? to include morally defensible aims that can be achieved without military victory enriches the understanding of the moral relationship between ends and means in armed conflict. (...) Asking decision makers to accept moral responsibility for the costs of possible failure is a unique contribution to the just war criteria. The enriched concept of reasonable probability of success thus offers morally significant insights to prewar jus ad bellum decisions, and can benefit ethical decision-making about whether to continue once fighting has begun. (shrink)

This paper provides a critical commentary on Kasher and Yadlin's article. I start with a few remarks regarding the authors? claim about the uniqueness of fighting terrorism and their proposed definition of acts of terrorism. The main part of my commentary, however, is devoted to discussing Kasher and Yadlin's Principle of Distinction (Part II of their paper). There, I raise several objections to their proposed ranking of state duties and to the way they use the ranking to justify what they (...) call targeted prevention of terror. Finally, I make a few remarks pertaining more specifically to the Israeli?Palestinian situation. (shrink)

Abstract Finding a moral justification for humanitarian intervention has been the objective of a great deal of academic inquiry in recent years. Most of these treatments, however, make certain arguments or assumptions about the morality of humanitarian intervention without fully exploring their precise philosophical underpinnings, which has led to an increasingly disjointed body of literature. The purpose of this essay, therefore, is to suggest that the conventional arguments and assumptions made about the morality of humanitarian intervention can be encompassed in (...) what is essentially a consequentialist framework. After a brief examination of consequentialist ethics, this essay reveals a number of morally relevant factors concerning humanitarian intervention, wherein I suggest that the general consensus in the literature on these factors constitutes ?commonsense morality?. In doing so, I argue that consequentialism as a theory of the right provides the best fit with commonsense morality on humanitarian intervention. This is important not only to reveal the precise philosophical underpinnings of the debate, but also to bring ethical, prudential and political considerations together in a coherent ethical discourse. (shrink)

The United States is at a critical crossroads in its foreign policy and its relationship to the international community. Indeed, the very existence of an international community, rooted in the authority of the United Nations and capable of enforcing its resolutions, is from Washington's contemporary perspective an issue of contention. The foreign policy of the administration of George W. Bush has demonstrated, both before and after the tragic events of 11 September 2001, a willingness to undertake major initiatives unilaterally when (...) these are deemed to be in the vital interest of the United States specifically or of international order generally. In light of the inability of the United Nations to exercise collective will in the effort to disarm the aggressive regime of Saddam Hussein in Iraq, 1991-2003, Washington's determination to act alone or in coalitions-of-the-willing to secure international order is a welcome alternative to the international community as it is presently constituted. (shrink)

Abstract This article furnishes a philosophical background for the current debate about responsibility and culpability for war crimes by referring to ideas from three important just war thinkers: Augustine, Francisco de Vitoria, and Michael Walzer. It combines lessons from these three thinkers with perspectives on current problems in the ethics of war, distinguishes between legal culpability, moral culpability, and moral responsibility, and stresses that even lower-ranking soldiers must in many cases assume moral responsibility for their acts, even though they are (...) part of a military hierarchy and act under orders. The questions addressed in this article are arguably among the hardest and most muddled in military ethics and deserve close philosophical analysis and scrutiny. (shrink)

In September 2002 the President of the United States issued a new National Security Strategy. Under the impact of 9/11 the authors of this NSS argue that the United States needs to pre-emptively attack rogue states that try to develop weapons of mass destruction (WMD) and have links to terrorists who might use these WMDs against the United States or its allies. This article analyzes this so-called ?Bush doctrine? asking about its legality, justice and feasibility in the present world order. (...) Furthermore, it attempts to show which underlying tacit assumptions the authors of the NSS must make to give their argument for a right to forcible regime change plausibility. To do so the NSS is being contrasted with a realistic utopian concept of an idealized international order in which preventive defense and regime change might seem justifiable. (shrink)

While the origin and development of the just war tradition until the early modern period blended concerns, ideas, and practices from the moral, legal, political, and military spheres, from the mid-seventeenth century until the mid-twentieth it largely disappeared as a conscious source of moral reflection about war and its restraint. Beginning in the 1960s, however, American theologian Paul Ramsey initiated a recovery of just war thinking in a series of writings applying the principles of discrimination and proportionality, ideas he traced (...) both to Augustinian theology and to natural law, to the debate over nuclear weapons and later to the Vietnam War. Ramsey's work directly engaged both theological and policy debate over military force, initiating lines of reflection that have since developed further and become increasingly institutionalized. This brief essay examines the nature of Ramsey's just war thought and its influence over the last 40 years. (shrink)

The purpose of this paper is to portray the nature of public trust in a military force within a democratic state and explain its importance. On grounds of a general conception of 'profession' and 'professional ethics', it is argued that a military force in a democratic state ought to nurture genuine public trust in itself, to take the form of a commonly or at least very broadly held presumption of proper functioning in all professional respects, including effectiveness, improvement and ethics. (...) It is also argued that external inquiry commissions, sometimes appointed to investigate a recent failure, within the framework of a military force, are counterproductive as attempts to enhance the required public trust. (shrink)

The purpose of the present document is to briefly present principles that constitute a new doctrine within the sphere of Military Ethics: The Just War Doctrine of Fighting Terror.The doctrine has been developed by a team we have headed at the Israel Defense Force (IDF) College of National Defense. However, the work has been done on the general levels of moral, ethical and legal considerations that should guide a democratic state when it faces terrorist activities committed against its citizens. Accordingly, (...) the proposed principles are meant to be justified and practically applicable under any parallel circumstances. Moreover, those principles are intended to be universal in the sense that the justification of none of them rests on any particular stance with respect to the desired solution of the conflict under consideration. (shrink)

We are grateful to Professors Nick Fotion, Bashshar Haydar and David L. Perry for their illuminating discussions of our paper, ?Military ethics of fighting terror: An Israeli perspective?, published in the present issue of the Journal of Military Ethics. We also thank the editors of the Journal for allowing us to add the present response. Professors Fotion, Haydar and Perry raise many significant issues. We will, however, presently address just a few of them, leaving the discussion of the other interesting (...) points to other occasions. (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)