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

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may (...) be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...) standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

I argue that utilitarianism cannot accommodate a basic sort of moral judgment that many people want to make. I raise a real-life example of shockingly bad behavior and ask what can the utilitarian say about it. I concede that the utilitarian can say that this behavior caused pain to the victim; that pain is bad; that the agent’s behavior was impermissible; even that the agent’s treatment of the victim was vicious. However, there is still one thing the utilitarian cannot say, (...) namely that the agent wronged the victim, that they violated her. According to utilitarianism, moral offenses are offenses against global utility, right reason or the totality of sentient beings, but never against individual victims, yet this aspect of the action – that it is an offense against a particular person –is highlighted when we say that this action wronged that woman. (shrink)

It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical (...) measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so. (shrink)

Targeted killings have traditionally been viewed as a dirty tactic, even within war. However, I argue that just combatants actually have a prima facie duty to use targeted strikes against military and political leadership rather than conventional methods of fighting. This is because the leaders of a military engaging in aggression are typically responsible for the wrongful harms they threaten, whereas significant numbers of their solders usually will not be. Conventional warfare imposes significant risks on soldiers who are not liable (...) to be killed, violating their rights. Narrowly targeted strikes frequently provide a less-wrongful alternative. Consequently, there is a prima facie duty to conduct such strikes, and to exercise “due care” if engagement with conventional forces becomes necessary. (shrink)

Michael Walzer argues that the just cause for humanitarian intervention is not met if there are only “ordinary” levels of human rights abuses within a state because he believes that respecting the right to collective self-determination is more morally important than protecting other individual rights. Several prominent critics of Walzer advocate for a more permissive account of a just cause. They argue that protecting individuals’ human rights is more morally important than respecting a right to collective self-determination. I argue that (...) these two accounts are far more similar than either Walzer or his critics realize because collective self-determination requires the protection of some human rights in order to allow each person the opportunity to participate in collective choices. Consequently, the just cause for intervention is met whenever at least some important human rights of one person are violated and others are being credibly threatened. The counter intuitive conclusion of my argument is that justified interventions can actually promote rather than undermine collective self-determination because just interventions allow innocents, who otherwise would have excluded from this process, the opportunity to contribute to collective choices. Of course, a just cause is insufficient in itself for intervention to be permissible because other just war precepts must also be met. (shrink)