Differences in Dangerousness: The Moral Inequality of Soldiers And Non-State Combatants

This article begins with a consideration of the standard argument for the moral equality of soldiers; namely, that soldiers are morally equal because they pose similar dangers to one another. Next, arguments for the equal application of the rules of war to both sides are considered and ultimately rejected. In the end, it is argued that if the justice of the cause for war is attributable to the warriors on either side, then modifying or unequally applying the rules of war is in some cases the morally appropriate thing to do.