Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that weaves together military strategy (...) and virtue ethics and maintains that good governance at home actually wins wars abroad. A reconstructed classical Chinese conception of “good governance” presents theoretical and ethical challenges, but also offers viable justicial content for contemporary jus ad bellum considerations beyond sovereign self-defense or human rights. It presents a way of instantiating the sprawling conception of human rights that falls short in contemporary discourse. (shrink)

A classic objection to autonomous weapon systems (AWS) is that these could create so-called responsibility gaps, where it is unclear who should be held responsible in the event that an AWS were to violate some portion of the law of armed conflict (LOAC). However, those who raise this objection generally do so presenting it as a problem for AWS as a whole class of weapons. Yet there exists a rather wide range of systems that can be counted as (...) “autonomous weapon systems”, and so the objection is too broad. In this article I present a taxonomic approach to the objection, examining a number of systems that would count as AWS under the prevalent definitions provided by the United States Department of Defense and the International Committee of the Red Cross, and I show that for virtually all such systems there is a clear locus of responsibility which presents itself as soon as one focuses on specific systems, rather than general notions of AWS. In developing these points, I also suggest a method for dealing with near-future types of AWS which may be thought to create situations where responsibility gaps can still arise. The main purpose of the arguments is, however, not to show that responsibility gaps do not exist or can be closed where they do exist. Rather, it is to highlight that any arguments surrounding AWS must be made with reference to specific weapon platforms imbued with specific abilities, subject to specific limitations, and deployed to specific times and places for specific purposes. More succinctly, the arguments show that we cannot and should not aim to treat AWS as if all of these shared all morally relevant features, but instead on a case-by-case basis. Thus, we must contend with the realities of weapons development and deployment, and tailor our arguments and conclusions to those realities, and with an eye to what facts obtain for particular systems fulfilling particular combat roles. (shrink)

This article challenges the tendency exhibited in arguments by Michael Ignatieff, Jeremy Waldron, and others to treat the Law of Armed Conflict as the only valid moral frame of reference for guiding armed rebels with just cause. To succeed, normative language and principles must reflect not only the wrongs of ‘terrorism’ and war crimes, but also the rights of legitimate rebels. However, these do not always correspond to the legal privileges of combatants. Rebels are often unlikely to gain (...) belligerent recognition and might sometimes have strong moral reasons to exceed the rights of regular combatants. Where this gives rise to tensions between morality and the LOAC, a decision is needed to determine which to follow. Setting aside the idea of suppressing just war theory altogether in favour of a more purely regulatory approach to war and reforming law in the direct light of moral theory, I question the attempt by Waldron to argue that moral weight of the legal conventions at the heart of the LOAC trump any moral reasons there might be for breaching them. Even if non-combatant immunity is, as Waldron suggests, a deadly serious convention, I argue that war is justified only if pursued for the sake of deadly serious causes which may even be serious enough to oblige agents to break the law. A political theory of the ethics of war is needed to mediate between the moral and legal in such cases where they cannot be reconciled directly. (shrink)