Just war, ethics, and terror central intelligence agency. The very notion that morality may be applicable to such a destructive enterprise as war will strike some as bizarre, even perhaps as. War engages me because of its unique relationship to morality. List of books and articles about ethics of war online. This proportionality principle raises a corresponding interpretation problem. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and. Proportionality and the rule of law edited by grant huscroft.
The principle of proportionality prohibits attacks against military objectives which are expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. The first edition of the morality of war was one of the most widelyread and successful books ever written on the topic. A war might be ethical but the means unethical, for instance, using landmines, torture, chemicals and current debate is concerned with drones. Hurka, thomas proportionality and the morality of war. Thomas hurka 2014 journal of moral philosophy 11 4. When earlier this month the obama administration released a newly declassified memorandum detailing the u. The law of war refers to the component of international law that regulates the conditions for war jus ad bellum and the conduct of warring parties jus in bello.
Over the past few decades, many authors have written articles and books attempting to construct an apparatus for judging the morality of war. Wars have so many bad consequences that it is utilitarian to take a whole series of steps short of war before starting war. In other words, the principle of proportionality seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought. Thomas hurka, proportionality in the morality of war philpapers. Pdf just wars are supposed to be proportional responses to. Just war theory has a long history in the western intellectual tradition. But killing on a larger scale, organizing numerous people to. Jun 22, 2011 traditional just war theorists have seldom addressed these issues, but to the extent that they have, they have tended to assume, as i noted, that harms that people are morally liable to suffer do not count in assessments of proportionality. She opens her book with a chilling injunction from osama bin laden, in which the al qaeda chieftain calls on every muslim who believes in allah and. The right to go to war jus ad bellum the right sorts of conduct in war jus in. T he last two times israel went to war, international commentators criticized the countrys use of force as disproportionate. This chapter discusses the just war theory, or the proportionality of conditions that morally justifies certain acts during a war so. Ethics of war arguments as to the ethics or morality of war are as old as war itself. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for.
They lift war out of the moral chaos into which it can easily sink. Michael grosss book moral dilemmas of modern war considers how asymmetric warfarewhich characterizes the u. The final guide of jus ad bellum is that the desired end should be proportional to. Thomas aquinas provided the most celebrated and still discussed the main outlines of just war theory. The jus in bello, or moral guidelines for conduct in war, consist of three parts. Proportionality, just war theory and weapons innovation. In this carefully argued work, stephen nathanson has brought together two areas, terrorism and the ethics of war, too often treated separately.
The book defends existing protections for civilians, proposes new protections for combatants, and interprets vague and ambiguous rules including discrimination, precautions, and proportionality in their morally best light. Proportionality is a widely recognized constraint on acts of punishment, acts of self and otherdefense, and acts of war. Just war theory sets out principles for a war to be ethical. This second edition of moral constraints on war offers a principlebyprinciple presentation of the transcultural roots of the ethics of war in an age defined by the increasingly international nature of military intervention. Proportionality in the morality of war hurka introduction o just war theory, the most widely accepted theory of the morality of war, contains two proportionality conditions that say a war or an act in war is justified only if the damage it causes is not excessive o although this paper attempts to clarify the idea of proportionality in war, it will not formulate simple conditions that can. Delphine hayim posits that the clean war doctrine is progressively supplanting the just war theory as a moral and legal justification for armed conflicts. While common sense morality recognizes constraints on acts of these types that are primarily deontological in character, proportionality is thought to be a constraint that is concerned solely with consequences. Parts one and two trace the evolution of just war theory, analyzing the principles of jus ad bellum and jus in bello. The two sets of questions about how to judge war are built into international and domestic law, and largely mirror how war is debated.
The principle of proportionality is the idea that an action should not be more severe than is necessary, especially in a war or when punishing someone for a crime. These proportionality conditions are generally divided into two categories, the jus ad bellum conditions and the jus in bello conditions, which concern the resort and means to fight the war, respectively. Thomas hurka, proportionality in the morality of war, 33 phil. His book challenges influential views on the ethics of war, including the realist view that morality does not apply to war, and michael walzers defence of attacks on civilians in. The author of several books on just war and jihad, johnson says that in the 10th century. The impact of modern technology on military ethics. On its face, proportionality of response, one of the considerations to be met before war could be justthe others being defense of self or others and at least a reasonable likelihood of successseems out of the question when the method of warfare centers on the exchange of nuclear weapons resulting in hundreds of millions of deaths. It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. Proportionality conditions just war theory lays down a series of conditions that a war must satisfy to be morally justified. Drawing on cuttingedge debates in moral philosophy, this work proposes how the laws of war can be evaluated, criticized, and reformed. Proportionality in international law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. Augustine provided comments on the morality of war from the christian perspective railing against the love of violence that war can engender as did several arabic commentators in the intellectual flourishing from the 9th to 12th centuries, but the most systematic exposition in the western tradition and one that still attracts. When they are properly understood, only proportionality and necessity in the guise of last resort in the jus ad bellum are necessary conditions for a war, or an act in a war, to be permissible, since no matter how badly going to war fails the other ad bellum criteria for example it might still be permissible because it is the least awful of. The purpose of the doctrine is to ensure war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just.
It is thorough and comprehensive in its treatment of issues, well researched, well organized, thoughtful, and beautifully written. Augustine commented on the morality of war from a christian perspective, as did several arabic commentators from the 9th to the 12th centuries. Introduction to western philosophy the ethics of war and. The burden of american power in a violent world 3 jean bethke elshtain lays out the case for moral adulthood in contemporary international politics. Coates focuses on the tensions which exist between war and morality. This is a book about theethicsof war, about war in its moral or normative aspect the central question that it addresses is how if at all moral reasoning might be brought to bear upon the activity of war. Proportionality in the morality of war hurka 2005 philosophy. Proportionality in the morality of war researchgate. In roman catholic moral theology, the principle of proportionality states that the moral rectitude of an action is a function of the preponderance of human value over disvalue that results through the action. Proportionality, just war theory and weapons innovation proportionality, just war theory and weapons innovation forge, john 20080918 00. It defends the view that soldiers ought to disobey an order to fight in a war that lacks a just cause, argues against the contractarian approach to the morality of war, develops an explanation of how the number of people who are harmed by defensive action can affect whether that action is proportionate in. Specifically, the cleanliness of effects is replacing the legality morality of the cause. They have the same rights, immunities, and liabilities irrespective of whether their war is just. The morality of war second edition broadview press.
These conditions have figured prominently in recent debates about. It lacked the discrimination and proportionality that characterize just war. Use the link below to share a fulltext version of this article with your friends and colleagues. Proportionality in the morality of war oxford scholarship. In the aftermath of the fighting with iraq, two just war principles in particular just cause and proportionality reveal the injustice of the war. Just war theory refers both to a tradition of thought and to a doctrine that has emerged from that tradition. As civilians suffered and battlefield casualties mounted, clergy on both sides failed to provide a moral critique of the war and instead became champions of patriotism. Jan 08, 2009 lets talk about proportionalityor, more important, about its negative form. Law and morality at war hardcover adil ahmad haque. Jan 01, 2005 proportionality in the morality of war hurka, thomas 20050101 00. First, proportionality is part of jus ad bellum, the moral and legal norms which constrain the initial resort to armed force, as well as the continuation of armed conflict. Rethinking the just war, part 1 the new york times. Keith pavlischek on the abuse of an important just war principle. Sep 10, 20 the first edition of the morality of war 2006 was pathbreaking in its systematic coverage of the history of moral debates about war and peace in western and nonwestern cultural traditions, integrating thoughtful moral reflection with the major precepts of international humanitarian law pertaining to the declaration, prosecution, and.
Psychological cost of learning to kill in war and society, london. Brian orends the morality of war promises to become the single most comprehensive and important book on just war for this generation. Proportionality definition and meaning collins english. Second, if occupations are necessary to achieve a war s purpose, then their expected moral and material costs must be integrated into the proportionality tests of the jus ad bellum hurka 2005. Download for offline reading, highlight, bookmark or take notes while you read proportionality in international law. Pdf proportionality, just war theory and weapons innovation. Nuclear weapons seem to violate the just war principle of proportionality. Thomas hurka, proportionality in the morality of war. This book contrasts the applications of proportionality in both jus ad bellum the law and morality of resort to force and within jus in bello the doctrines applicable for using force in the midst of conflicts. Just war theory, the most widely accepted theory of the morality of war, contains two proportionality conditions that say a war or an act in war is justi.
Thomas hurka proportionality in the morality of war. During the israelhezbollah war in 2006, officials from the united nations, the european union, and several countries used that word to describe israels military actions in lebanon. Just war theory internet encyclopedia of philosophy. The last resort criterion has a hallowed place in the just war theory tradition. Stephen nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics of war. Jul 02, 1971 similarly, the evil of war is justi fied in certain circumstances. It is not a merely a religious or intellectual history, but a history that explicitly makes judgments about the distances between the oughts and the actualities xii.
This chapter provides a new account of jus in bello proportionality. Just war theory considers the reasons for going to war jus ad bellum and the conduct of war jus in bello. It mainly repeats the policies that were released in 20, to include the vastlymorethanwhatthelaw demands requirement of a near certainty that there would be zero civilian deaths in a given strike. Proportionality imposes moral and legal constraints on at least two aspects of the use of force by parties to an armed conflict see war. Proportionality is a critical concept to fighting a just war, if such a thing exists. It then explores proportionality in the resort to war and explains why the. The argument is conducted from a just war standpoint, though the moral ambiguity and. He said there was a need for proportionality in sentencing. Cohen notes in his book arms and judgment 1989 that the law of war requires that. Many leading just war theory scholars accept it as a jus ad bellum requirement and some powerful politicians reference it.
Proportionality in selfdefense and war political science. This prescribes that the measures of force adopted in the prosecution of a war should not be in excess of what is necessary to achieve the military advantage. Augustine lived in the era when rome had lost its control of the world and was quickly falling to other powers. The result is new moral clarity and insight in both areas, especially regarding the moral treatment due to civilians by purveyors of military violence. The following is a speech lew rockwell made at an antiwar rally in birmingham, alabama, sponsored by the alabama peace and justice coalition. Proportionality, just war theory, and weapons design. The morality of war and the law of war rutgers university. Jun 16, 2006 brian orends the morality of war promises to become the single most comprehensive and important book on just war for this generation. Killing is often if not always the worst thing that can be done to someone. Augustine provided comments on the morality of war from the. Law and morality at war develops a normative framework within which the law of armed conflict should be evaluated, interpreted, and reformed. Combatants on all sides in a war have the same moral status.
Proportionality in international law by michael newton, larry. In order for a war to be considered just, it must meet most of the criteria of jus ad bellum. Adil ahmad haque what are the moral and legal issues of contemporary warfare. In chapters 7 and 8 of his volume, gross argues that while the principles of both distinction and proportionality should always. These conditions provide the basis of weighing one act of war over the other, in order to determine whether or not the relevant evils or. In this second edition, brian orend builds on the substantial strengths of the first, adding important new material on. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law. The author believes that the most plausible justification for weapons design amounts to the claim that it is needed for the prosecution of a just war. Proportionality in the morality of war, philosophy and public. Thomas aquinas provided the most celebrated and still discussed the main outlines of just war theory just war theory traditionally has two sets of criteria. While resisting the commonly held view that war is hell, a.
Drawing on examples from the history of warfare from the crusades to the present day, the ethics of war explores the limits and possibilities of the moral regulation of war. But behind the singular appeal to proportionality lurks a range of different understandings. Proportionality and necessity in jus in bello oxford handbooks. The principle of proportionality is the idea that an action should not be more severe. Upon the altar of the nation is a provocative and disturbing moral history of the civil war. Oxford scholarship online requires a subscription or purchase to access the full text of books within the service.
The book concludes that, with the ending of the strategic certainties of the cold war, the need for. Even if a states cause is just, for the war to be just the good which is at stake must outweigh the evils the war will cause to all sides, combatants and noncombatants. Just war theory and the last of last resort cambridge core. The question of moral values in war were immanent for him. Duty, obedience, desert, and proportionality in war. This book fully instructs on the different aspects of just war theory as well as the manner in which the latter relates to rival approaches to war and peace. Terrorism and the ethics of war by stephen nathanson. I argue that surveillance should indeed be proportionate and draw on thomas hurkas work on proportionality in war to inform the debate on surveillance. An attack that inflicts incidental harm on civilians is objectively proportionate only if it prevents opposing forces from inflicting substantially greater harm on attacking forces or civilians in current or future military operations. As proportionality is a vital factor in waging moral armed conflict, this is a. The prewar consideration of proportionality does not close the book. One condition is that war must be waged by a legitimate public authority for the common good.
Proportionality, principle of it is a common sense axiom that there should be a reasonable balance between human activity and its consequences. The major moral and tactical practical issues which nuclear missiles pose are the deterrence argument and the principles of proportion and discrimination in relation to a number of the jus in bello just limits on the conduct of war principles of a just war. There is no one canonical statement of the doctrine but there is a core set of principles that appears, with minor variations, in countless books and articles that discuss the ethics of war in general or the morality of certain. The moral principles related to just war were explored first by augustine in the 4th century, reiterated in the middle ages by thomas aquinas, and expanded by. Thomas hurka search for more papers by this author thomas hurka search for more papers by. Proportionality in international law ebook written by michael newton, larry may.
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