Ethics and the Laws of War


Book Description

This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.




Ethics, Law and Military Operations


Book Description

Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.




Routledge Handbook of Ethics and War


Book Description

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.




Law, Ethics and Emerging Military Technologies


Book Description

This book addresses issues of legal and moral governance arising in the development, deployment, and eventual uses of emerging technologies in military operations. Proverbial wisdom has it that law and morality always lag behind technological innovation. Hence, the book aims to identify, enumerate, and constructively address the problems of adequate governance for the development, deployment, and eventual uses of military technologies that have been newly introduced into military operations or which will be available in the near future. Proposals for modifications in governance, the book argues, closely track the anxieties of many critics of these technologies to the extent that they will proliferate, prove destructive in unanticipated ways, and partially or wholly escape regulation under current treaties and regulatory regimes. In addition to such concerns in domestic and especially in international law, the book addresses ethical norms in the professions involved in the design and eventual use of specific technologies, principally involving the professional norms of practice in engineering and the military (as well as biomedical and health care practice), which impose moral obligations on their members to avoid reckless endangerment or criminal negligence in the course of their activities. Thus, in addition to exploring the application of existing legal regimes and moral norms, the book examines how these professions might develop or improve the voluntary constraints on forms of malfeasance that are enshrined in their histories and codes of best practices. This book should prove of great interest to students of ethics, military studies, philosophy of war and peace, law, and international relations.




Utilitarianism and the Ethics of War


Book Description

This book offers a detailed utilitarian analysis of the ethical issues involved in war. Utilitarianism and the Ethics of War addresses the two basic ethical questions posed by war: when, if ever, are we morally justified in waging war, and if recourse to arms is warranted, how are we permitted to fight the wars we wage? In addition, it deals with the challenge that realism and relativism raise for the ethical discussion of war, and with the duties of military personnel and the moral challenges they can face. In tackling these matters, the book covers a wide range of topics—from pacifism to armed humanitarian intervention, from the right of national defense to pre-emptive or preventive war, from civilian immunity to the tenets of just war theory and the moral underpinnings of the rules of war. But, what is distinctive about this book is that it provides a consistent and thorough-going utilitarian or consequentialist treatment of the fundamental normative issues that war occasions. Although it goes against the tide of recent work in the field, a utilitarian approach to the ethics of war illuminates old questions in new ways by showing how a concern for well-being and the consequences of our actions and policies shape the moral constraints to which states and other actors must adhere. This book will be of much interest to students of the ethics of war, just war theory, moral philosophy, war and conflict studies and IR.




Artificial Intelligence, Ethics and the Future of Warfare


Book Description

This volume examines how the adoption of AI technologies is likely to impact strategic and operational planning, and the possible future tactical scenarios for conventional, unconventional, cyber, space and nuclear force structures. In addition to developments in the USA, Britain, Russia and China, the volume also explores how different Asian and European countries are actively integrating AI into their military readiness. It studies the effect of AI and related technologies in training regimens and command structures. The book also covers the ethical and legal aspects of AI augmented warfare. The volume will be of great interest to scholars, students and researchers of military and strategic studies, defence studies, artificial intelligence and ethics.




Ethics, Law and Justifying Targeted Killings


Book Description

This book examines the normative debates around the American use of targeted killings. It questions whether the Obama administration’s defence of its use of targeted killings is cohesive or hypocritical. In doing so, the book departs from the disciplinary purpose of international law, constitutional law and the just war tradition and instead examines discipline-specific defences of targeted killings to identify their requisite normative principles in order to compare these norms across disciplines. The methodology used in this book means that it argues that targeted killings are only defensible as acts of war, but it also highlights the normative role of accountability and responsibility in this defence. In doing so, it offers an argument that the use of ‘pattern of life’ killings by the CIA falls outside the defence offered by the Obama administration, but that this same type of targeting could be used by the military due to differing standards/mechanisms of responsibility assignment in these organisations. The book thus provides a way of investigating contemporary wars where the conduct of war lacks the traditional hallmarks of conventional warfare. Furthermore, by drawing attention to differing normative concepts that underpin competing interpretations of law and morality, it provides a way of analysing contemporary political violence in an interdisciplinary fashion without seeking to displace single disciplinary study. This book will be of much interest to students of military studies, ethics of war, foreign policy, international security and IR.




Military Medical Ethics


Book Description

2 volumes, sold as a set. Textbooks of Military Medicine. Section editors Edmund D. Pelegrino, Anthony E. Hartle, and Edmund G. Howe, et al. Addresses medical ethics within a military context.




Moral Issues in Military Decision Making


Book Description

Much has changed in warfare in recent years, with America now dominant on the international scene and terrorism the new enemy. In light of these changes, the need for moral grounding in military actions is a more pressing concern than ever. When it was originally published, Moral Issues in Military Decision Making reflected the concerns posed by nuclear stalemate and the lessons of Vietnam. In that highly-praised work. Anthony Hartle outlined the essential elements of the Professional Military Ethic created for American military forces. In this new edition, he reexamines the moral foundations for America's military leadership in the post-9/11 era. Considering world affairs since the first edition - the Gulf War, Bosnia, Afghanistan, Iraq, 9/11, and the emergence of the United States as an unrivaled military power - Hartle explains how these events have raised ethical issues that differ dramatically from those of the Cold War. by the war on terrorism, homeland defense, asymmetric warfare, the proliferation of American military interventions, and the UN's role in peacekeeping operations. Using meticulously analyzed case studies - twice as many as in the first edition - he considers such moral dilemmas as torture, challenging superior officers, use of overwhelming force, and responding to fire in the presence of civilian shields. In this revision, Hartle examines further the status of professional military ethics in light of current affairs, changes in the articulation of military values, and recent research. In a new chapter on human rights, he relates moral principles directly to values embedded in the Constitution and argues that overwhelming American military power cannot succeed unless it is accompanied by the moral force of the values it seeks to protect. difficulties of applying conventional laws of war and human rights doctrine in military operations. Hartle convincingly shows that national security is as much about the preservation of moral principles as it is about the protection of America's citizens and borders. His book demonstrates that the American military must continue to observe those principles in order to be effective in its primary mission.




Reader's Guide to Military History


Book Description

This book contains some 600 entries on a range of topics from ancient Chinese warfare to late 20th-century intervention operations. Designed for a wide variety of users, it encompasses general reviews of aspects of military organization and science, as well as specific wars and conflicts. The book examines naval and air warfare, as well as significant individuals, including commanders, theorists, and war leaders. Each entry includes a listing of additional publications on the topic, accompanied by an article discussing these publications with reference to their particular emphases, strengths, and limitations.