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Adil Haque: Law and Morality at War (OUP, 2017)

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Notes

  1. J. McMahan, “The Morality of War and the Law of War” in D. Rodin and H. Shue (eds.), Just and Unjust Warriors: The Moral and Legal Status of Soldiers (2007). See also, J. Waldron “Deep Morality and the Laws of War” in H. Frowe and S. Lazar (eds.), Oxford Handbook of Ethics of War (2018).

  2. For another, book-length defense of this principle, see S. Lazar, Sparring Civilians (2016).

  3. See, e.g., G. Blum, “The Dispensable Lives of Soldiers,” Journal of Legal Analysis 2(1) (2010), 115–170.

  4. A standard argument in this context is that the bond of nationality, or citizenship, allows soldiers to give greater weigh to the interests of their fellow nationals/citizens over that of enemy nationals. Interestingly, Haque admits that, even if soldiers have special duties towards their fellow soldiers and fellow civilians, these duties no not entail special rights to harm others (13–14).

  5. Art. 57(2)(a) of Additional Protocol I to the Geneva Conventions requires attacking forces to “do everything feasible to verify that targets are military objectives.”.

  6. See McMahan, n. 1 above.

  7. I have argued that combatants who fight in a manifestly unjust or a genocidal war should not be immune to prosecution, and that the moral (and legal) equality of belligerents should not apply across the board. See my “Revisionist Just War Theory and the Concept of War Crimes,” Leiden Journal of International Law 31(1) (2018), 171–194.

  8. See common article 3 to the Geneva Conventions, and Additional Protocol II, and Law and Morality at War, 26.

  9. At the very least, because proportionality calculations play a role in many other parts of the book.

  10. J. Morrow, Order within Anarchy: The Laws of War as an International Institution (2014).

  11. In this respect, his position on discrimination and on the use of shields seems more persuasive.

  12. See, e.g., McMahan and Waldron in n. 1 above, S. Lazar, “The Morality and Law of War” in A. Marmor (ed.), Routledge Companion to the Philosophy of Law (2012), and J. Dill, “The 21st Century Belligerent Trilemma,” European Journal of International Law 26(1) (2015), 83–108.

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  1. Universidad Torcuato Di Tella, Buenos Aires, Argentina

    Alejandro Chehtman

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  1. Alejandro Chehtman
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Correspondence to Alejandro Chehtman.

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Chehtman, A. Adil Haque: Law and Morality at War (OUP, 2017). Criminal Law, Philosophy 13, 673–680 (2019). https://doi.org/10.1007/s11572-019-09490-z

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