In Defense of Mercy

ABSTRACT

Though it is legally permissible to kill combatants in war, unless they are rendered hors de combat, the existence of “Naked Soldiers” raises an important moral question: should combatants kill vulnerable enemy combatants or show mercy towards them? Most philosophers who address this question argue that it is morally permissible to kill the Naked Soldier given the extended notion of self-defense during war. They ground their arguments in a form of collectivism. In this article, I use Larry May’s argument. He offers an approach that extends the principle of discrimination that would apply also to combatants. Instead of assuming all combatants are de facto dangerous, this approach would allow for nuance in targeting the enemy and showing mercy when enemy combatants clearly pose no danger, in other words, when they are Naked Soldiers. I defend this view against two criticisms: Noam Zohar’s view of armies as complex collectives and Stephen Deakin’s view that a policy that spares Naked Soldiers would be open to abuse. I argue that it is not only morally suspect to kill Naked Soldiers, but also it is within the spirit of both international laws governing war and the just war tradition to offer mercy whenever possible.