Military Ethics

Recent discussions in the just war literature suggest that soldiers have a duty to assume certain risks in order to protect the lives of all innocent civilians. I challenge this principle of risk by arguing that it is justified neither as a principle that guides the conduct of combat soldiers, nor as a principle that guides commanders in the US military. I demonstrate that the principle of risk fails on the first account because it requires soldiers both to violate their (...) strict duty of obedience and loyalty and to exceed their special obligations to protect their fellow comrades, the state, the state's constituents and other protected civilians. I then illustrate that the principle of risk fails on the second account since it conflicts with the commander's primary obligation to protect and promote the welfare and lives of his or her soldiers. I conclude by arguing that we cannot reasonably expect soldiers and commanders to adhere to the principle of risk until there is a radical, institutional-level transformation of militaristic goals, values, strategies, policies, warrior codes and expectations of service members in the US Armed Forces. (shrink)

The issue of interrogation of detainees has received much attention in the psychological literature and by the media. Some estimate that more than 300 articles have been published in psychological journals on this topic. This article reiterates the content of the Presidential Task Force on Psychological Ethics and National Security and provides a brief history and background. This is followed by a section on the torture of prisoners and the role of psychologists. It includes discussion of resolutions passed by American (...) Psychological Association (APA) on this topic and briefly reviews criticisms of these resolutions. The article concludes with a summary concerning the current status and reviews the referendum sent to APA members on whether APA members can work in detention settings that exist in violation of international law or the U.S. Constitution. Pro and con statements are discussed as is the formation of a task force to implement the referendum which was passed by a vote of 8792 in favor and 6,157 opposed. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied (...) the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

Abstract The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, (...) these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers?in the form of mercenaries, in early modern Europe?then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted. The dominance of state authority over the military is now under strain, with the professional and private elements?in the form of private military and security companies (PMSCs)?having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used. In this essay, I outline and assess these developments?with particular emphasis on the emergence of PMSCs?in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily. (shrink)

This book review responds to George Lucas's Ethics and Cyber Warfare: The Quest for Responsible Security in an Age of Digital Warfare, laying out the structure of the work as well as highlighting areas of strength.

This paper offers a brief examination of ethical health issues arising from military operations and outlines which, if any, of these ethical health issues apply to current Australian Defence Force (ADF) military operations. The transparency of military operations provided through real time global media reporting and the Internet, has raised public awareness of incidents that can be viewed broadly as ethical issues or dilemmas. While many of these issues are not new, it is the changing context of post cold war (...) military operations and scale and demand of humanitarian operations that places new requirements on how the ADF best addresses these potential issues before they become critical incidents. In identifying potential ethical issues arising from military health operations, it is recognized that military health personnel operate within a command and control organizational structure and associated culture. It is also recognized that the complexity of the issues and the environment within which military health personnel are expected to operate will raise ethical health issues not likely to be encountered to the same degree by those health practitioners operating in the average suburban practice or hospital, except when health personnel are confronted with large scale emergencies, such as those encountered with recent terrorist attacks and massacres. (shrink)

The war on terror is commonly characterized as a fundamentally different kind of war from more traditional armed conflict. Furthermore, it has been argued that, in this new kind of war, different rules, both moral and legal, must apply. In the first part of this paper, three practices endemic to the war on terror -- torture, assassination, and enemy combatancy status -- are identified as exceptions to traditional norms. The second part of the paper uses these examples to motivate a (...) generalized account of exceptionalism; a taxonomy of different exceptionalisms is derived, including temporal, spatial, and group-based exceptionalisms. The third part of the paper considers the ethical status of exceptionalism, paying particular attention to the group-based exceptionalisms that are argued to be prevalent in the war on terror. It is concluded that there is nothing inherently wrong with group-based exceptionalism and, furthermore, that the proper locus of ethical evaluation lies not with the norms that are being excepted, but rather with the groups that are being excepted from them. (shrink)

There are a range of ethical issues that confront physicians in times of war, as well as some of the uses of physicians during wars. This book presents a theoretical apparatus which undergirds those debates, namely by casting physicians as being confronted with dual-loyalties during times of war. While this theoretical apparatus has already been developed in other contexts, it has not been specifically brought to bear on the ethical conflicts that attain in wars. Arguably, wars thrust physicians into ethical (...) conflicts insofar as these wars create a tension between a physician's obligation to heal and an obligation to serve some other good (e.g., military chain of command, national security, the greater good, etc.). Alternatively, we can debate whether this conception is appropriate. For example, one could argue that that non-medical duties cannot attach to physicians (e.g., due to nonoverlapping spheres of justice), thus abrogating the dual-loyalty challenge. Or else one could argue that these medically-trained personnel do not act qua physicians at all (but rather partisan advocates) and therefore duties that would otherwise attach to physicians do not attach here. In the first part of this book, these issues are debated. In the second part of the book, the dual-loyalities frame is used to explore various substantive debates that obtain when the military makes use of physicians. Physician involvement in torture is a heated topic, and certainly the most visible element of the debate. Also, however, we could use the dual-loyalties framework to explore issues in other arenas, such as: development of chemical and biological weapons, medical neutrality/battlefield triage, and so on. In each of these cases, the same tensions arguably exist: physicians have duties both to their patients and elsewhere (which, depending on the details of the view, could be any of the above-mentioned ends). (shrink)

In response to Michael Gross (2008), this article explores the supposition that the goals of military medicine either are or should be characterized as returning wounded soldiers to duty and issues some comments on the negative part of Gross’s project (i.e., why military medicine does not have special obligations to soldiers who will not return to the battlefield).

Philosophical and ethical discussions of warfare are often tied to emerging technologies and techniques. Today we are presented with what many believe is a radical shift in the nature of war-the realization of conflict in the cyber-realm, the so-called.

“ … the soldiers of the governor took Jesus in to the praetorium, and they gathered the whole battalion before him.”.

The orthodox account of the morality of war holds that the responsibility for resorting to war rests on the state’s political authorities and the responsibility for how the war is waged rests only on the state’s army and, thus, business firms have no special obligations in wartime. The purpose of this article is to reconsider the ethical responsibilities of business firms in wartime. I defend the claim that a plausible standard of liability in war must integrate the degree of the (...) agent’s contributions to posing an unjust threat, the nature of agent's behavior, and his/her intentions. If these premises are correct, it follows that the moral obligations of civilians and business corporations are fundamentally altered by war. Taking into consideration their relative contributions to the war effort, a taxonomy of business firms is developed. (shrink)

Abstract This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.

The underlying thesis of the research in ethical autonomy for lethal autonomous unmanned systems is that they will potentially be capable of performing more ethically on the battlefield than are human soldiers. In this article this hypothesis is supported by ongoing and foreseen technological advances and perhaps equally important by an assessment of the fundamental ability of human warfighters in today's battlespace. If this goal of better-than-human performance is achieved, even if still imperfect, it can result in a reduction in (...) noncombatant casualties and property damage consistent with adherence to the Laws of War as prescribed in international treaties and conventions, and is thus worth pursuing vigorously. (shrink)

ABSTRACTIn International Relations, the actions of great powers are usually assessed through their direct effects. Great powers are generally considered to be responsible for the consequences of their actions if they intentionally caused them. Although there is discussion on “double-effects” and “side-effect harms” in the realms of philosophy and political sociology, these largely remain absent from the field of IR. This article bridges that gap by clarifying a set of yardsticks through which side-effect harms of great powers’ actions can be (...) evaluated, including “capacity”, “historical precedent”, “voluntarism” and “unintentional causality”. These yardsticks are deduced through the Theory of Special Responsibilities, which combines elements of Constructivism and the English School. The theoretical framework presented is then applied to the case of American drone strikes in the Federally Administered Tribal Areas of Pakistan. A number of terrorists in FATA have relocated elsewhere within Pakist... (shrink)

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 ...

(1990). How to safeguard the military‐strategic balance in the disarmament process? World Futures: Vol. 29, The Future of European Integration, pp. 188-195.

Attempting to apply the logic of conflict analysis developed by Thucydides to the chaotic spasms and clashes triggered by the collapse of the Soviet Union might appear inappropriate to many classical scholars, and entirely artificial to most Eurasian security experts. However, the two strategic landscapes, though separated by a period of some 2400 years, share a number of common features, and the ideas of the ancient strategic analyst may prove helpful for discovering structure in the chaotic violence of more recent (...) times. The notion of the ?strategic dilemma??one that Thucydides never used but is credited with inventing?lies at the centre of this investigation, which seeks to test the applicability of the notion in three distinctive settings: in a bipolar confrontation; in conflict manipulation by a third party; and in secessionist conflicts. The article suggests that, as an instrument of political analysis, the security dilemma tends to overpredict conflicts and essentially comes out as a trap of self-fulfilling ?worst-case? expectations, so that nowadays?much as in ancient Greece?whenever a security dilemma determines a political decision, disaster follows. (shrink)

House raids represent the genre of military acts which fall within the grey zone of war and peace ? counterinsurgency, post-conflict operations, or phase IV operations (a.k.a. Operations Other Than War) ? in which the Geneva Conventions and their Protocols may reveal protection gaps. This article reviews accounts of the execution of house raids contained in the military literature and compares them to the testimony of soldiers and observers recorded in the media. It assesses the relevant provisions of humanitarian law (...) as pertaining to the necessity, distinction, and proportionality of actions. Further, it highlights the specific human rights and humanitarian standards addressing terror, arbitrary intrusion into the home, violations of honor, and humiliation. The conclusion emphasizes the importance of taking into account gender and cultural considerations to properly address the interests of family members ? i.e., women, children, and the elderly who are most affected by house raids. (shrink)

The latest catchphrase to enter the English language as a result of military conflict is the term 'asymmetrical warfare'. At its broadest, asymmetrical warfare is simply any conflict in which there is a significant qualitative 1 mismatch between opponents in any or all of the following: manpower, firepower, technology and tactics. While the phrase is new, the concept is not. Asymmetrical warfare has been going on for about as long as humans have fought each other in organized ways. In the (...) South African context, for example, one need only think of the devastating attacks by King Shaka's highly-organized regiments (equipped as they were with revolutionary weaponry like the short stabbing spear or assegai), against the various tribes and groups that got in the way of Shaka's expansionist goals. Asymmetry was also an essential component in the successes of the rifle, canon and Gatling-gun equipped colonial armies who subdued the tribesmen of Africa and elsewhere. In the more recent past the ANC's low-tech guerrilla campaign against the conventional might of the apartheid regime is yet another example. There are, of course, complexities here, and asymmetries are not all of the same ilk, nor do they remain fixed, and certainly it is sometimes difficult to tell whether a conflict can properly be defined as asymmetrical. Nonetheless the general concept is easily recognizable. (shrink)

In this paper I draw on Thaddeus Metz’s pioneering work in African ethics, and particularly his account of the concept described by the terms ubuntu, botho, hunhu or utu, to sketch an African normative understanding of the act of rebellion against the authority of the state. Most commonly articulated in the phrase “a person is a person through other persons”, ubuntu is interpreted by Metz as a unique communitarian moral principle which can be described in its essence as the claim (...) that “actions are right, or confer ubuntu on a person, insofar as they prize communal relationships, ones in which people identify with each other, or share a way of life, and exhibit solidarity toward one another, or care about each other’s quality of life”. On the face of it, this principle appears at odds with rebellions against state authority. Following Metz, I argue, however, that a deeper grasp of this principle does, in fact, provide a justification for instances of civilian rebellion against state authority, under appropriate circumstances. (shrink)

E. D. Swinton's The Defence of Duffer's Drift: A Lesson in the Fundamentals of Small Unit Tactics, originally published in 1904, uses the device of a series of recurring but progressive nightmares to teach a set of tactical lessons that Swinton derived from his service in the Second Anglo-Boer War. Now a minor classic, The Defence of Duffer's Drift has had an enduring and international impact. The book's popularity has also led to the publication of several narratives inspired by the (...) original, many of them authored by serving members of the US Army. Although this subset of the ‘progeny’ of Swinton's work are focused on teaching tactical lessons, read together they provide a small but fascinating window into the evolution of the US Army's understanding of the ethics of armed conflict at the tactical level. The texts that are the focus of this paper span a period of 88 years, covering the post-First World War emphasis on positional warfare, through the shift to a focus on large-scale mechanized warfare that.. (shrink)

Abstract This paper addresses the teaching of mandatory ethics courses in a military context, with particular reference to the Service Academies of the United States Armed Forces. In seeking to optimize the core ethics course's potential to develop Midshipmen and Cadets' moral reasoning skills I suggest a model that employs case-based scenarios, woven together into a metanarrative, in place of the traditional historical case study and in a manner that gives students deliberate, guided practice in ethical decision-making. The described model (...) also commends a resource- and pedagogy-driven partnership between civilian philosophers/ethicists and senior military officers in teaching the course. Also proposed is the deliberate use of a simple but formal method of applying the central ethical theories usually taught in such courses, what I call ?ethical triangulation?. The employment of Computer Aided Argument Mapping is also recommended. (shrink)

The possibility of using private military and security companies to bolster the capacity to undertake intervention for human rights purposes has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this article considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems in this context, (...) such as an abdication of a state's duties? Second, on the other hand, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? For instance, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? (shrink)