The Moral Status Of Combatants

This book develops a new contractualist foundation for just war theory, which defends the traditional view of the moral equality of combatants and associated egalitarian moral norms. Traditionally it has been viewed that combatants on both sides of a war have the same right to fight, irrespective of the justice of their cause, and both sides must observe the same restrictions on the use of force, especially prohibitions on targeting noncombatants. Revisionist philosophers have argued that combatants on the unjust side of a war have no right to fight, that pro-war civilians on the unjust side might be targetable, and that lawful combatants on the unjust side might in principle be liable to prosecution for their participation on the unjust side. This book seeks to undercut the revisionist project and defend the traditional view of the moral equality of combatants. It does so by showing how revisionist philosophers fail to build a strong foundation for their arguments and misunderstand that there is a moral difference between collective military violence and a collection of individually unjustified violent actions. Finally, the book develops a theory defending the traditional view of military ethics based on a universal duty of all people to support just institutions. This book will be of much interest to students of just war theory, ethics philosophy, and war studies.

Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

When is it right to go to war? When is a war illegal? What are the rules of engagement? What should happen when a war is over? How should we view terrorism? The Ethics of War and Peace is a fresh and contemporary introduction to one of the oldest but still most relevant ethical debates. It introduces students to contemporary Just War Theory in a stimulating and engaging way, perfect for those approaching the topic for the first time. Helen Frowe explains the core issues in Just War Theory, and chapter by chapter examines the recent and ongoing philosophical? debates on: theories of self defence and national defence Jus ad Bellum, Jus in Bello, and Jus post Bellum the moral status of combatants the principle of non-combatant immunity the nature of terrorism and the moral status of terrorists. Each chapter concludes with a useful summary, discussion questions and suggestions for further reading, to aid student learning and revision. The Ethics of War and Peace is the ideal textbook for students studying philosophy, politics and international relations.

"This academic text brings together, in one volume, the most recent and innovative accounts of liability in war. It offers a "who's who" of contemporary scholars working on and rigorously debating the major ethical questions surrounding self-defense and killing in war, including: liability to harm, rights theory, selective conscientious objection, obligations toward civilians, and autonomous weapons. This volume pulls together, expands upon, and provides new and updated analyses of the concept of liability (and related concepts) that have yet to be captured in a single work. As a convenient and authoritative collection of such discussions, this title is uniquely and well suited for university-level teaching and as a scholarly reference for ethicists, policymakers, and other stakeholders."--Provided by publisher.

"War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military) by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players-- the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war"--

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.

The first edition of The Morality of War was one of the most widely-read and successful books ever written on the topic. In this second edition, Brian Orend builds on the substantial strengths of the first, adding important new material on: cyber-warfare; drone attacks; the wrap-up of Iraq and Afghanistan; conflicts in Libya and Syria; and protracted struggles (like the Arab-Israeli conflict). Updated and streamlined throughout, the book offers new research tools and case studies, while keeping the winning blend of theory and history featured in the first edition. This book remains an engaging and comprehensive examination of the ethics, and practice, of war and peace in today’s world.