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  1. Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict.Duncan MacIntosh - manuscript
    This paper argues that culture itself can be a weapon against the disentitled within cultures, and against members of other cultures; and when cultures are unjust and hegemonic, the theft of and destruction of elements of their culture can be a justifiable weapon of self-defense by the oppressed. This means that in at least some conflicts, those that are really insurgencies against oppression, such theft and destruction should not be seen as war crimes, but as legitimate military maneuvers. The paper (...)
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  2. Toxic Warrior Identity, Accountability, and Moral Risk.Stoney Portis & Jessica Wolfendale - manuscript
    Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...)
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  3. Crimes and Punishments.Achille Varzi with Giuliano Torrengo - manuscript
    John was driving 150 km/h. The law says you cannot exceed 130 km/h, so John got fined. He got fined twice. “Why twice?” Because there were two speed detection devices—one at km 50 and one at km 100—so they caught him twice. “What if the devices were closer to each other, at km 50 and at km 60?” Same story: if they catch you twice, you get fined twice. “What if there was a third device in between, at km 55?” (...)
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  4. Collective Complicity in War Crimes. Some Remarks on the Principle of Moral Equality of Soldiers.Adam Cebula - 2020 - Philosophia 48 (4):1313-1332.
    The article critically analyzes one of the central assumptions of Michael Walzer’s version of just war theory, as presented in his main work devoted to war ethics. As requested by the author of Just and Unjust Wars, the controversial nature of the principle of the moral equality of soldiers is revealed by discussing the actual course of events of a historical military conflict – namely, the outbreak of World War II, one of the main issues dealt with in Walzer’s book. (...)
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  5. Responsibility for Killer Robots.Johannes Himmelreich - 2019 - Ethical Theory and Moral Practice 22 (3):731-747.
    Future weapons will make life-or-death decisions without a human in the loop. When such weapons inflict unwarranted harm, no one appears to be responsible. There seems to be a responsibility gap. I first reconstruct the argument for such responsibility gaps to then argue that this argument is not sound. The argument assumes that commanders have no control over whether autonomous weapons inflict harm. I argue against this assumption. Although this investigation concerns a specific case of autonomous weapons systems, I take (...)
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  6. War Crimes: Causes, Excuses, and Blame Matthew Talbert & Jessica Wolfendale New York, Oxford University Press, 2019 X + 168 Pp, $74.00. [REVIEW]Benjamin Matheson - 2019 - Journal of Applied Philosophy 36 (5):844-846.
  7. Framing and Reframing R2P—a Responsibility to Protect Humanity From Evil.Christof Royer - 2018 - Critical Review of International Social and Political Philosophy:1-24.
  8. Putting the War Back in Just War Theory: A Critique of Examples.Rigstad Mark - 2017 - Ethical Perspectives 24 (1):123-144.
    Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...)
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  9. Espectros resignificados. China, España y el movimiento internacional contra el fascismo (1937-1939).Montserrat Crespin Perales - 2017 - In España y China 1937-2017. 80 aniversario del Internacionalismo antifascista. Granada, España: pp. 67-95.
    Espectros resignificados. China, España y el movimiento internacional contra el fascismo (1937-1939).
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  10. Drones and Responsibility: Legal, Philosophical and Socio-Technical Perspectives on the Use of Remotely Controlled Weapons.Ezio Di Nucci & Filippo Santoni de Sio (eds.) - 2016 - Routledge.
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  11. Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  12. The Silence of the Night: Collaboration, Deceit, and Remorselessness.Rafe McGregor - 2016 - Orbis Litterarum 71 (2):163-184.
    Towards the end of the twentieth century, the issue of collaboration with the Third Reich became particularly problematic for deconstructive criticism. The distinction between collaboration and cooperation is often far from clear, however, and in borderline cases the opacity of the motives behind the alleged collaboration may be such that retrospective historical judgements run the risk of appearing arbitrary. In contrast, the decision to remain silent about alleged collaboration can – and should – invite negative moral judgement. On the one (...)
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  13. Eine Theorie Nationaler Versöhnung: Einsichten Aus Afrika.Thaddeus Metz - 2016 - Polylog: Forum for Intercultural Philosophy 34 (Supp):219-244.
    German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).
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  14. Autonomous Killer Robots Are Probably Good News.Vincent C. Müller - 2016 - In Ezio Di Nucci & Filippo Santonio de Sio (eds.), Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. London: Ashgate. pp. 67-81.
    Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...)
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  15. Just War and Robots’ Killings.Thomas W. Simpson & Vincent C. Müller - 2016 - Philosophical Quarterly 66 (263):302-22.
    May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...)
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  16. Discourse and Defiance Under Nazi Occupation: Guernsey, Channel Islands, 1940–1945 by Cheryl R. Jorgensen‐Earp, 2013 East Lansing, MI, Michigan State University Pressx + 300 Pp., £47.50 (Hb). [REVIEW]Rafe McGregor - 2014 - Journal of Applied Philosophy 31 (3):322-324.
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  17. Killer Robots: Regulate, Don’T Ban.Vincent C. Müller & Thomas W. Simpson - 2014 - In University of Oxford, Blavatnik School of Government Policy Memo. Blavatnik School of Government. pp. 1-4.
    Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the opposite. LAWS (...)
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  18. Virtue Ethics in the Military.Peter Olsthoorn - 2014 - In Stan van Hooft (ed.), The Handbook of Virtue Ethics. Routledge. pp. 365-374.
    In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts on military (...)
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  19. Collateral Damage and the Principle of Due Care.Anne Schwenkenbecher - 2014 - Journal of Military Ethics 13 (1):94-105.
    This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...)
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  20. War Crimes, Atrocity and Justice.Michael J. Shapiro - 2014 - Polity.
    What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival (...)
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  21. War Crimes, Atrocity and Justice.Michael J. Shapiro - 2014 - Polity.
    What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with literary justice: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and (...)
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  22. Polityka namierzania i zabijania: aspekty etyczne i prawne.Tomasz Żuradzki - 2014 - In Maciej Marszałek & Waldemar Kitler (eds.), Bezpieczeństwo narodowe i międzynarodowe wobec wyzwań współczesnego świata. Warszawa: Akademia Obrony Narodowej. pp. 509-522.
    Celem artykułu jest analiza prawnych i etycznych sposobów uzasadnienia dopuszczalności stosowania polityki namierzania i zabijania. Pojawiły się próby usprawiedliwienia tego typu działań poprzez odwołanie do egzekwowania prawa, reguł rządzących konfliktami zbrojnymi, sprawiedliwej odpłaty, prawa do obrony własnej. W artykule dokonuję analizy tych sposobów usprawiedliwiania polityki namierzania i zabijania, a następnie rozważam, które z nich faktycznie mogą uzasadniać tego typu politykę. Rozważania prowadzę w świetle głównej hipotezy projektu badawczego, który obecnie prowadzę, zakładającej, że normy regulujące dopuszczalność i sposoby toczenia konfliktów zbrojnych (...)
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  23. International Criminal Court, the Trust Fund for Victims and Victim Participation.Jovana Davidovic - 2013 - In Larry May Elizabeth Edenberg (ed.), Jus Post Bellum and Transitional Justice. Cambridge University Press. pp. 217-243.
    Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...)
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  24. Honor War Theory: Romance or Reality?Daniel Demetriou - 2013 - Philosophical Papers 42 (3):285 - 313.
    Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...)
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  25. ‘Comfort Women’ and Japan’s National Responsibility.Ranjoo Seodu Herr - 2013 - In Jun-Hyeok Kwak & Melissa Nobles (eds.), Historical Reconciliation and Inherited Responsibility. Routledge. pp. 1--145.
  26. Art Crimes: The Governance of Hip Hop Graffiti.Kara-Jane Lombard - 2013 - Journal for Cultural Research 17 (3):255-278.
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  27. Jus Post Bellum and Political Reconciliation.Colleen Murphy & Linda Radzik - 2013 - In Larry May & Elizabeth Edenberg (eds.), Jus Post Bellum and Transitional Justice. Cambridge: Cambridge University Press.
    The category of jus post bellum is a welcome addition to discussions of the justice of war. But, despite its handy Latin label, we will argue that it cannot be properly understood merely as a set of corollaries from jus ad bellum and jus in bello. Instead, an acceptable theory of justice in the postwar period will have to draw on a broader set of normative ideas than those that have been the focus of the just war tradition. In this (...)
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  28. Genocide and Crimes Against Humanity: Dispelling the Conceptual Fog.Andrew Altman - 2012 - Social Philosophy and Policy 29 (1):280-308.
    Research Articles Andrew Altman, Social Philosophy and Policy, FirstView Article.
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  29. Collective Responsibility for Unjust Wars.Endre Begby - 2012 - POLITICS 32 (2):100-108.
    This article argues against Anna Stilz's recent attempt to solve the problem of citizens' collective responsibility in democratic states. I show that her solution could only apply to state actions that are (in legal terminology) unjustified but excusable. Stilz's marquee case – the 2003 invasion of Iraq – does not, I will argue, fit this bill; nor, in all likelihood, does any other case in recorded history. Thus, this article concludes, we may allow that Stilz's argument offers a theoretically cogent (...)
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  30. Just War, Noncombatant Immunity, and the Concept of Supreme Emergency.David K. Chan - 2012 - Journal of Military Ethics 11 (4):273-286.
    The supreme emergency exemption proposed by Michael Walzer has engendered controversy because it permits violations of the jus in bello principle of discrimination when a state is faced with imminent defeat at the hands of a very evil enemy. Traditionalists among just war theorists believe that noncombatants should never be deliberately targeted in war whether or not there is a supreme emergency. Pacifists on the other hand reject war as immoral even in a supreme emergency. Unlike Walzer, neither just war (...)
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  31. Transitional Justice and Jus Post Bellum Issues in Timor-Leste.Jovana Davidovic - 2012 - In Larry May Andrew Forcehimes (ed.), Morality, Just Post Bellum and International Law. Cambridge University Press.
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  32. What's A Just War Theorist?Aleksandar Jokic - 2012 - Journal of Theoretical and Philosophical Criminology 4 (2):91-114.
    The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war (...)
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  33. Skepticism About Jus Post Bellum.Seth Lazar - 2012 - In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press. pp. 204-222.
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...)
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  34. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York, NY, USA: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  35. The Values of Political Reconciliation. [REVIEW]Alice MacLachlan - 2012 - Transnational Legal Theory 3 (1):95-100.
  36. Liberal Lustration.Yvonne Chiu - 2011 - Journal of Political Philosophy 19 (4):440-464.
    After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...)
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  37. Grading Complicity in Rwandan Refugee Camps.Chiara Lepora & Robert E. Goodin - 2011 - Journal of Applied Philosophy 28 (3):259-276.
    Complicity with wrongdoing comes in many forms and many degrees. We distinguish subcategories cooperation, collaboration and collusion from connivance and condoning, identifying their defining features and assessing their characteristic moral valences. We illustrate the use of these distinctions by reference to events in refugee camps in and around Rwanda after the 1994 genocide, and the extent to which international organizations and nongovernment organizations were wrongfully complicit with the misuse of refugees as human shields by the perpetrators of the genocide who (...)
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  38. Risks and Robots – Some Ethical Issues.Peter Olsthoorn & Lambèr Royakkers - 2011 - Archive International Society for Military Ethics, 2011.
    While in many countries the use of unmanned systems is still in its infancy, other countries, most notably the US and Israel, are much ahead. Most of the systems in operation today are unarmed and are mainly used for reconnaissance and clearing improvised explosive devices. But over the last years the deployment of armed military robots is also on the increase, especially in the air. This might make unethical behavior less likely to happen, seeing that unmanned systems are immune to (...)
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  39. From Crimes Against Logic.Jamie Whyte - 2011 - Inquiry: Critical Thinking Across the Disciplines 26 (1):66-66.
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  40. Confronting Evils: Terrorism, Torture, Genocide.Claudia Card - 2010 - Cambridge University Press.
    In this contribution to philosophical ethics, Claudia Card revisits the theory of evil developed in her earlier book The Atrocity Paradigm, and expands it to consider collectively perpetrated and collectively suffered atrocities. Redefining evil as a secular concept and focusing on the inexcusability - rather than the culpability - of atrocities, Card examines the tension between responding to evils and preserving humanitarian values. This stimulating and often provocative book contends that understanding the evils in terrorism, torture and genocide enables us (...)
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  41. Uniform Exceptions and Rights Violations.Yvonne Chiu - 2010 - Social Theory and Practice 36 (1):44-77.
    Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...)
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  42. Nowhere to Run? Punishing War Crimes.Michael Clark & Peter Cave - 2010 - Res Publica 16 (2):197-207.
    This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.
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  43. Us Responsibility for War Crimes in Iraq.J. Angelo Corlett - 2010 - Res Publica 16 (2):227-244.
    This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.
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  44. War Crimes, Punishment and the Burden of Proof.Anthony Ellis - 2010 - Res Publica 16 (2):181-196.
    This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.
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  45. Civilian Immunity in the 'New Wars'.Paul Gilbert - 2010 - In Igor Primoratz (ed.), Civilian Immunity in War. Oxford University Press.
  46. Just War Theory, Political Liberalism, and Non-Combatant Immunity.Leonard Kahn - 2010 - Theoretical and Applied Ethics.
    The is a brief response to Matthew Bruenig's "Rethinking Noncombatant Immunity." I argue, contra Bruenig, that political liberalism does not raise any special problems for the view that non-combatants should not be directly targeted by another country's military.
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  47. Terrorism and the Ethics of War.Stephen Nathanson - 2010 - Cambridge University Press.
    Stephen Nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics ...
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  48. Military Ethics and Virtues: An Interdisciplinary Approach for the 21st Century.Peter Olsthoorn - 2010 - Routledge.
    This book examines the role of military virtues in today's armed forces. -/- Although long-established military virtues, such as honor, courage and loyalty, are what most armed forces today still use as guiding principles in an effort to enhance the moral behavior of soldiers, much depends on whether the military virtues adhered to by these militaries suit a particular mission or military operation. Clearly, the beneficiaries of these military virtues are the soldiers themselves, fellow-soldiers, and military organizations, yet there is (...)
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  49. Punishing War Crimes, Genocide, and Crimes Against Humanity: Introduction.Jesper Ryberg - 2010 - Res Publica 16 (2):99-100.
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  50. In Defence of Guerrillas.Uwe Steinhoff - 2010 - Diametros 23:84-103.
    This article examines the moral issues of guerrilla, and counter-guerrilla, warfare. Just war theorists who have studied the phenomenon tend to claim that the guerrilla tactic of wearing civilian clothes and hiding among the civilian population is rather difficult, if at all, to reconcile with the ius in bello principle of discrimination (the principle according to which combatants have to distinguish between combatants and non-combatants and may only target the former “directly”). I argue that this ever-repeated assessment is profoundly confused. (...)
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