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1.
    
While most normative evaluations of military cyber-operations have emerged from the legal community, this article assesses the legitimacy of such operations from a philosophical-ethical perspective. After reviewing the relationship between rights forfeiture and the jus ad bellum and jus in bello criteria of the just war tradition, it applies these criteria to several aspects of cyber-operations, including responses to cyber-activities, the use of cyber-capabilities affecting combatants and civilians, and the use of these capabilities by contractors. Finally, it briefly addresses the legitimacy of limiting rights to privacy and anonymity in service of preventing cyber-harm.  相似文献   

2.
    
ABSTRACT

The legitimate authority principle has become reduced to the issue of state authority. In its current formulation, the state has the sole authority to wage war, and because non-state actors, by their very definition, cannot satisfy this principle, their use of force is inherently unethical. This does not reflect the reality that non-state actors are increasingly engaging in the use of force, sometimes legitimately. As a result, the legitimate authority principle can and should look beyond the state. This article navigates a terrain in which non-state actors engage in the use of force, and in which revisionist just war thinking proposes that the concept of legitimate authority is irrelevant to thinking about the ethics of war. It proposes a principled approach to the inclusion of some non-state actors under the rubric of legitimate authority. This approach draws upon the historical development of the legitimate authority principle and incorporates the factors important to early writers on the subject.  相似文献   

3.
    
ABSTRACT

This article examines how scholars of the just war tradition think about the ethical dilemmas that arise in the endgame phase of modern warfare. In particular, it focuses upon their reticence to engage the idiom of ‘victory’. Why, it asks, have scholars been so reluctant to talk about what it means to ‘win’ a just war? It contends that, while just war scholars may have good reason to be sceptical about ‘victory’, engaging it would grant them a more direct view of the critical potentialities, but also the limitations, of just war reasoning.  相似文献   

4.
What if claims about the future informed us about the intentions and the capabilities of our opponents to wage war against ourselves? Would and should the existing norms that restrict the preventive use of force change in the wake of such transformation? This article highlights the potential normative consequences of this change and discriminates between several possible normative evolutions. Would and should the “knowability of the future” alter radically the traditional rule of self-defense? This rule could indeed be jeopardized but, as I argue in this paper, it should not (and might not necessarily). However, the distinction between preemption and prevention could become obsolete. Future claims about security will also induce new security doctrines as knowledge about the future would be used to signal one’s intentions and deter one’s opponent. This change would also have a significant impact on accountability, as citizens would have a more active role in discussions over foreign policy. Moreover, new modes of predictions and forecasting will challenge the traditional role of experts whose biases have hampered their analyses and anticipations. Thus, trustworthy future claims could bring significant progress in both ethical and political terms as they would trigger a debate on the role of knowledge in democratic societies.  相似文献   

5.
    
My aim in this paper is to reflect on a very narrow question: under what conditions might a cyber-attack provide a just cause for war? I begin by articulating what makes for a just cause, briefly address the problem of attribution, and then discuss three broad categories of cyber-attack: those that clearly do not satisfy the just cause requirement, those that clearly do satisfy the just cause requirement, and three ambiguous cases – the destruction of property, the emplacement of logic bombs, and the failure to prevent cyber-attacks. My conclusions are exploratory and suggestive rather than definitive, partly by virtue of the extreme paucity of literature on the moral assessment of cyberwar.  相似文献   

6.
Cyber-weapons are software and software, at least intuitively, is non-physical. Several authors have noted that this potentially renders problematic the application of normative frameworks like UN Charter Article 2(4) to cyber-weapons. If Article 2(4) only proscribes the use of physical force, and if cyber-weapons are non-physical, then cyber-weapons fall outside the purview of Article 2(4). This article explores the physicality of software, examining Stuxnet in particular. First, I show that with a few relatively uncontroversial metaphysical claims we can secure the conclusion that Stuxnet is physical. In particular, there exist instances of Stuxnet that are both located in space and causally efficacious, and this is very strong evidence for their being physical. Second, I argue that the question of physicality is actually irrelevant for the moral evaluation of an attack like Stuxnet because of its undeniably physical effects. Finally, I argue that some features of Stuxnet should make us optimistic about the prospects for discrimination and proportionality in cyberwarfare.  相似文献   

7.
The insurrection in the Vendée combined open warfare with the methods of petite guerre, ambushing French republican soldiers and cutting their supply lines to Paris. These tactics, when combined with the hatreds generated by a civil war, go far to explain to the cruelty of the conflict in the west and the depth of the hatreds it engendered. In republican eyes the use of guerrilla tactics was unjust and illegitimate, and they denounced their adversaries as common criminals and brigands, portraying them as backward, superstitious, even as subhuman, and in the process justified the savage repression they unleashed against them.  相似文献   

8.
    
Interdisciplinary communication on war is impeded by doctrinal gaps concerning its morality, immorality, and amorality. Much is written on ad bellum ethical standards for military force by states, mainly in the fields of international politics and religious studies. However, a necessary first step in comparing these different approaches to war ethics with each other is to develop a system for classifying them. The classification system offered in this paper places war ethics on a grid with two scales. One axis of the grid ranges from permissiveness to restrictiveness. The other axis ranges from regard for self to regard for others. Twelve forms of war ethics are assigned points within the grid, including pacifism, just war, holy war, UN Charter obligations, several variants of realism, cost–benefit analysis, isolationism, and various ideological war ethics such as communist and fascist approaches. In doing so, this paper lays the groundwork for “quantifying” war ethics, to enable measurements of their effects against other state-level characteristics and outcomes of interaction.  相似文献   

9.
    
The jus ad bellum criterion of right intention (CRI) is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just only if it plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, which, left unresolved, leaves us without a plausible interpretation of the CRI. This constitutes a significant and novel reason for leaving the CRI out of the international law of armed conflict (LOAC).  相似文献   

10.
    
This study develops the concepts of fourth generation operations and the associated principles. First, the concept of fourth generation operations is introduced and defined. Fourth generation operations are the evolution and extension of third and fourth generation warfare based on a change of tactics, technology, and combatants. These operations are currently ongoing in Afghanistan and Iraq, and with the global war on terrorism. Based on the framework of US joint doctrine, the supporting principles of fourth generation operations are developed. This requires the introduction of the principle of Population Perception.  相似文献   

11.
ABSTRACT

According to Brian Orend’s binary political model, minimally just states possess a robust set of moral rights, while other states essentially exist in a moral vacuum in which they possess no moral rights. I argue that a more plausible comparative model would allow for a state to acquire (or lose) discrete moral rights as it improves (or damages) its moral record. This would generate a more accurate portrayal of both domestic policy within states and military conflict between states; including, in particular, the role of the Allied forces during World War Two.  相似文献   

12.
The surge in threats aided by or carried out through cyberspace has placed significant pressure on the intelligence community to adapt or leave itself open to attack. Indeed, many in both political and intelligence circles argue for access to ever greater amounts of cyber information in order to catch potential threats before they become real. By collecting all our digital information, the intelligence community argues that it is not only able to detail what people have done or are currently doing but also predict what their next move might be. However, the ethical implications are unclear and the backlash following Edward Snowden’s revelations have shown that such activities are not without controversy. This leaves the debate stuck between the important, ethical role that intelligence can play and the potential for its unrestrained use to cause undue harm. This paper will resolve this by giving greater detail to cyber-intelligence practices, highlighting the different levels of harm that the various intelligence operations can cause. The essence of this paper is not that cyber-intelligence should be banned outright, but that it can be justified given the necessary circumstances. Therefore, the paper will develop a specialised set of Just Cyber-Intelligence Principles, built on the just war tradition, to outline if and when such activities are justified.  相似文献   

13.
未来作战对新时期装备保障训练提出了新要求。以信息化战争为参照系,探讨了适应未来作战需要的装备保障训练思路、内容体系、方式方法、效果评估、训练保障等关键环节问题,为促进装备保障训练发展提供理论支持,增强装备保障训练工作实践的有效性和针对性。  相似文献   

14.
Irrespective our views on the rationality of our opponent's continuing to conduct operations against us, unless utterly extirpated, he retains a vote on when and how conflict will end. This is because war is about power — compelling another actor to do something he would not otherwise do, or to cease doing something he would otherwise prefer to do. In planning for conflict termination we should account for the peculiarities of opponents who may decide not to quit when we have beat them fair and square. We do not desire that they cease conventional fighting, but that they cease fighting altogether.  相似文献   

15.
中美贸易战不仅仅是贸易战,更是一场心理战。贸易战本质是国与国之间关于贸易的交流、对话、谈判和妥协,中美贸易战中双方运用了大量的心理战策略和技术,如美方的策略有强势攻心宣传、实施心理误导和输出美国价值,而中国则通过引导舆论动向、展示决心意志和争取国际支持来获取关注。本文从中美两国角度深入剖析了中美贸易战中双方运用的心理战策略和技术,并得出中美贸易战的心理战启示,一是要知己知彼,二是要创新应用新媒体传播平台,三是要占据道义的制高点。  相似文献   

16.
    
Jacques Maritain (1882–1973) is widely recognized as one of the foremost Catholic philosophers of modern times. He wrote groundbreaking works in all branches of philosophy. For a period of about 10 years, beginning in 1933, he discussed matters relating to war and ethics. Writing initially about Gandhi, whose strategy of non-violence he sought to incorporate within a Christian conception of political action, Maritain proceeded to comment more specifically on the religious aspects of armed force in “On Holy War,” an essay about the civil war then ongoing in Spain (1936–1939). After the outbreak of World War II in September 1939, Maritain penned a series of essays that sought to explain why the Anglo–French declarations of war were warranted on Christian just war principles. While the secondary literature on Maritain’s thought is extensive, thus far there has been little systematic exploration of his writings on war. In what follows I seek to remedy this lacuna, by examining how he conceptualized just war in the three phases outlined above.  相似文献   

17.
ABSTRACT

In 2014, an affiliate of the Islamic State of Iraq and Syria emerged in Afghanistan. Wilayat Khorasan, or ISIS-K, intends to secure Afghanistan to legitimize the Islamic State’s caliphate across the ‘Khorasan Province’ including portions of Central Asia, China, Iran, the Indian Subcontinent, and Southeast Asia. While the group’s intent is clear, its capability confounds analysts. The authors argue that Wilayat Khorasan is likely the Islamic State’s most viable and lethal regional affiliate based on an expansionist military strategy. This is designed to enable the group’s encirclement of Jalalabad City in Nangarhar Province and is foundational to its expanded operational reach, regionalization, and lethality. Since 2016, the US-led Coalition’s counter-terrorism strategy has disrupted ISIS-K’s critical requirements and prevented external attacks. Yet, raids and strikes alone will not defeat ISIS-K. They must be calibrated against an institution-building approach that legitimizes Afghanistan’s government and redresses grievances that ISIS-K exploits to resolve.  相似文献   

18.
    
ABSTRACT

Today, it is widely held that while authorization may be helpful in assuring that the other jus ad bellum criteria are met, legitimate authority is not itself a condition for just recourse to war. Or, if it is necessary, it is said to be a trivial requirement, as mobilization for war requires some political authorization. Those who would retain the legitimacy requirement have differing views about who the proper authority is. I argue that, reasonably understood, legitimate authorization is necessary for jus ad bellum. Considerations of agency and consent in force combine with the social contract to commit us to deferring to recognized authorities. These obligations are strengthened by the epistemic reliability and pragmatic value conferred by governing institutions and procedures limiting recourse to war. These same rationales imply that the U.N. Security Council should regulate the international use of force. I qualify that if higher authorities fail to act, other subsidiary authorities may then authorize force. However, the move to each subsequent level of authorization must be justified. Understood in this way, the requirement that wars not be fought without legitimate authorization is a non-trivial, necessary procedural jus ad bellum condition.  相似文献   

19.
分析了经典复杂系统理论、仿真建模方法、综合集成方法以及作战实验室等方法在战争复杂系统研究中的应用,在此基础上,分析了国内外对战争复杂系统分析方法的共同特点,指出了分析方法中存在的问题,进一步给出了战争复杂系统分析方法中需要深入研究和完善的内容.  相似文献   

20.
Central Asians have long been present within the ranks of organisations linked to the global jihad movement, but has there been an acceleration in their recruitment in recent years? There is growing evidence of substantial numbers of Central Asians (mostly Uzbeks and Tajiks) present in Syria in the ranks of the Islamic State and of a number of organisations linked to Al-Qaida. There is also growing evidence of recruitment inside Kyrgizstan and Tajikistan at least (as opposed as among Central Asian emigrants). The authors argue that distrust towards information provided by the Central Asian regimes should not blind analysts towards an emerging trend, which has substantial destabilising potential. The factors driving this recruitment also seem to be much more complex than a rejection of the authoritarianism of the ruling elites.  相似文献   

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