Routledge Handbook of Ethics and War: Just War Theory in the 21st Century

433 Pages·2013·3.48 MB·English

by  Fritz Allhoff

ROUTLEDGE HANDBOOK
OF ETHICS AND WAR
This new Handbook offers a comprehensive overview of contemporary extensions and alterna-
tives 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 ele-
ments: jus ad bellum, jus in bello, the state actor, and the soldier. 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 combatantqua 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 parts, 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, applied ethics, peace and
conflict studies, and security studies.
Fritz Allhofff is Associate Professor of Philosophy at Western Michigan University and a
Senior Research Fellow in the Centre for Applied Philosophy and Public Ethics at Charles
Sturt University, Canberra.
Nicholas G. Evans is a doctoral candidate at the Australian National University and an
Adjunct Research Associate at Charles Sturt University, Canberra.
Adam Henschke is a researcher in the Centre for Applied Philosophy and Public Ethics at
Charles Sturt University, Canberra.
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ROUTLEDGE HANDBOOK OF
ETHICS AND WAR
Just war theory in the twenty-first century
Edited by Fritz Allhoff, Nicholas G. Evans
and Adam Henschke
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 selection and editorial material, Fritz Allhoff, Nicholas G. Evans and Adam Henschke; individual
chapters, the contributors
The right of the editors to be identified as the authors of the editorial material, and of the authors for
their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by
any electronic, mechanical, or other means, now known or hereafter invented, including photocopying
and recording, or in any information storage or retrieval system, without permission in writing from the
publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used
only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Routledge handbook of ethics and war : just war theory in the 21st century / edited by Fritz Allhoff,
Nicholas G. Evans and Adam Henschke.
pages cm
Includes bibliographical references and index.
1. Just war doctrine--Handbooks, manuals, etc. 2. Military ethics--Handbooks, manuals, etc. 3. War--
Moral and ethical aspects--Handbooks, manuals, etc. I. Allhoff, Fritz. II. Evans, Nicholas G., 1985- III.
Henschke, Adam, 1976-
U22.R68 2013
172’.422--dc23
2012049756
ISBN: 978-0-415-53934-0 (hbk)
ISBN: 978-0-203-10716-4 (ebk)
Typeset in Bembo
by GreenGate Publishing Services, Tonbridge, Kent
CONTENTS
Contributors ix
Introduction: Not just wars: expansions and alternatives to the
just war tradition 1
Fritz Allhoff, Nicholas G. Evans and Adam Henschke
PART I
Theories of war: revisiting the just war tradition 9
Jus ad bellum 11
1 Can soldiers be expected to know whether their war is just? 13
Jeff McMahan
2 Is just war theory obsolete? 23
Jeffrey P. Whitman
3 Just war theory: going to war and collective self-deception 35
Richard Werner
Jus in bello 47
4 The moral foundations of thejus ad bellum//jus in bello distinction 49
Steve Viner
5 Jus ad vim and the just use of lethal force-short-of-war 63
S. Brandt Ford
6 Revisionist just war theory and the real world: 76
a cautiously optimistic proposal
Bradley Jay Strawser
v
Contents
Jus post bellum 91
7 The place off jus post bellum in just war considerations 93
Emily Pollard
8 Jus post bellum: war closure in the 21st century 105
Richard M. O’Meara
9 Reasonable chance of success: analyzing the postwar
requirements off jus ad bellum 120
Todd A. Burkhardt
10 Post-war policy: lessons for Iraq, Afghanistan, and beyond 132
Brian Orend
PART II
Faces of war: beyond states and soldiers 143
Irregular wars 145
11 Soft power, public diplomacy and just war 147
Michael L. Gross
12 Rethinking legitimate authority 161
Anne Schwenkenbecher
13 Fighting the humanitarian war: justifications and limitations 171
Jennifer Mei Sze Ang
14 Peacekeeper violence: managing the use of force 186
Daniel H. Levine
Terrorism and counterterrorism 201
15 The war on terror and the ethics of exceptionalism 203
Fritz Allhoff
16 Just war theory and counterterrorism 226
Seumas Miller
17 Punitive warfare, counterterrorism, and jus ad bellum 236
Shawn Kaplan
vi
Contents
Warfighters and moral agency 251
18 Re-evaluating the status of noncombatants in just war theory and terrorism 253
Jason P. Blahuta
19 Endangering soldiers and the problem of private military contractors 265
Ned Dobos
20 The agency of child soldiers: rethinking the principle of discrimination 273
Tor Arne Berntsen and Bård Mæland
PART III
Technologies of war: the future of fighting 285
Technology and just war theory 287
21 Emerging technologies and just war theory 289
Braden Allenby
22 Minimizing harm to combatants: nonlethal weapons, combatants’
rights, and state responsibility 301
Chris Mayer
23 Educational implications of the potential for hostile applications
of advances in neuroscience 312
Malcolm Dando
Uninhabited and autonomous military systems 325
24 Unmanned drones and the ethics of war 327
Christian Enemark
25 Autonomous robots and the future of just war theory 338
Keith Abney
26 Killing in war: responsibility, liability, and lethal autonomous robots 352
Heather M. Roff
vii
Contents
Cyberwarfare 365
27 Jus in silico: moral restrictions on the use of cyberwarfare 367
George R. Lucas Jr
28 Understanding just cause in cyberwarfare 382
Leonard Kahn
29 Perfidy in cyberwarfare 394
Neil C. Rowe
Index 405
viii
CONTRIBUTORS
Keith Abney, M.A., is a senior lecturer and Research Fellow of the Ethics + Emerging
Sciences Group at California Polytechnic State University, San Luis Obispo. His areas of
expertise include technology ethics and bioethics, especially related to human enhance-
ments, robotics, and military technologies. He is a co-editor of Robot Ethics (MIT Press)
and a contributor to other books, journal papers, and funded reports.
Braden Allenby, Ph.D., is Lincoln Professor of Engineering and Ethics; President’s Professor
of Civil, Environmental, and Sustainable Engineering; Professor of Law; founding direc-
tor of the Center for Earth Systems Engineering and Management; founding chair of the
Consortium for Emerging Technologies, Military Operations, and National Security; and
associate director of the Lincoln Center for Applied Ethics, at Arizona State University. His
latest books are The Techno-Human Condition (with Dan Sarewitz, 2011), Industrial Ecology
and Sustainable Engineeringg (with Tom Graedel, 2011), The Theory and Practice of Sustainable
Engineeringg (2012), and The Growing Gap Between Emerging Technologies and Legal-Ethical
Oversightt (with Gary Marchant and Joe Herkert, 2012).
Fritz Allhoff, Ph.D., is Associate Professor in the Department of Philosophy at Western
Michigan University, Senior Research Fellow at the Centre for Applied Philosophy and
Public Ethics (Australia), and Visiting Scholar at the University of Notre Dame’s Centre for
Science, Technology, and Values. He is a founding member of the International Intelligence
Ethics Association, serves on the editorial board of the International Committee of Military
Medicine, and is active in the Consortium for Emerging Technologies, Military Operations,
and National Security. He is the author or editor of over twenty books; his latest,Terrorism,
Ticking Time-Bombs, and Torture, was published by the University of Chicago Press (2012).
Jennifer Mei Sze Ang, Ph.D., is a Lecturer at the Singapore Institute of Management
University. She received her Doctorate from the University of Queensland, Australia and is
the author of Sartre and the Moral Limits of War and Terrorism(New York: Routledge, 2010).
Jennifer has published in areas concerning ethics and politics related to works from Jean-
Paul Sartre, Hegel, Arendt and Kant, and her main research interests are in the philosophy
of Sartre, existentialism and phenomenology, and ethics and politics in contemporary issues.
Tor Arne Berntsen is a chaplain and head of the Ethics Department at the Norwegian
Defence University College, Oslo, Norway. He is also a doctoral student at the School of
Mission and Theology, Stavanger, Norway, currently working on a dissertation on the peace
ix