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1.
    
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   

2.
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   

3.
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   

4.
    
ABSTRACT

Is Currency Warfare defined as, the use of monetary or military force directed against an enemy’s monetary power as part of a military campaign, a just way to fight a war? This article explores the ethics of waging currency warfare against the Just War Tradition’s principles of jus in bello (just conduct in war) and its criteria of discrimination and proportionality. The central argument is that currency warfare is inherently indiscriminate but may be proportionate when policy makers consider the nature of the threat confronted and the targeted currency's level of internationalization, that is, to what degree it is used in foreign transactions or used as a foreign currency reserve. I evaluate this argument against historical cases during the Second World War (1939–1945), the Gulf War (1990–1991), subsequent operations against Saddam Hussein in the early 1990s, and the ongoing campaign against ISIS.  相似文献   

5.
    
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   

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.
制导炸弹发展综述   总被引:10,自引:1,他引:9  
制导炸弹具有精度高、成本低、投放距离远等特点,已成为航空炸弹发展的重要方向,制导炸弹是在普通炸弹基础上改进的,制导系统是制导炸弹的关键技术。  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 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   

10.
    
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   

11.
    
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   

12.
    
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   

13.
    
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   

14.
    
The objective of this article is to move ethical discourse on military strategy beyond the confines of the established War Convention. This is achieved by utilising the common good, a concept found in political philosophy and theology. The common good acts as a positive organising concept for socio-political activity. With its focus on peace, development and the flourishing of the individual and community, the common good poses a significant challenge to strategy. This article constructs an approach to strategy that is compatible with the common good. Importantly, it does so whilst respecting the pursuit of victory as an indispensable component of strategy’s true nature. The theory presented in this article is then tested in relation to four different modes of strategy: regular war, irregular war, deterrence, and cyberwar.  相似文献   

15.
    
Although most styles of military ethics are hybrids that draw on multiple ethical theories, they are usually based primarily on the model of Aristotelian virtue ethics. Virtue ethics is well-suited for regulating the conduct of soldiers who have to make quick decisions on the battlefield, but its applicability to military personnel is threatened by the growing use of unmanned weapon systems. These weapons disrupt virtue ethics’ institutional and cultural basis by changing what it means to display virtue and transforming the roles soldiers perform and the nature of the military profession itself. I argue that in light of these challenges to virtue ethics, at least as it is traditionally understood within the armed forces, soldiers operating unmanned weapons require a more heavily rule-based approach to military ethics.  相似文献   

16.
    
Personal cognitive processes inform how individuals understand their environment. Cultural variation, fundamental attribution error, causal attribution, and durability bias create obstacles to Western understanding of irregular war and have created a significant institutional bias in how the US military perceives its enemies- a perception only somewhat softened after a decade of irregular war. United Special Operations Command (USSOCOM) is in a better position to overcome these problems through persistent engagement. In the event of major conflict, environmentally sensitized military planners will be better able to achieve military and policy objectives.  相似文献   

17.
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   

18.
Nuclear deterrence and cyber war seem almost antithetical in their respective intellectual pedigrees. Nuclear weapons are unique in their ability to create mass destruction in a short time. Information or “cyber” weapons, at least for the most part, aim at sowing confusion or mass disruption instead of widespread physical destruction. Nevertheless, there are some intersections between cyber and nuclear matters, and these have the potential to become troublesome for the future of nuclear deterrence. For example, cyber attacks might complicate the management of a nuclear crisis. As well, information attacks on command-control and communications systems might lead to a mistaken nuclear launch based on false warnings, to erroneous interpretations of data or to panic on account of feared information blackout. It is not inconceivable that future nuclear strike planning will include a preliminary wave of cyber strikes or at least a more protracted “preparation of the battlefield” by roaming through enemy networks to plant malware or map vulnerabilities.  相似文献   

19.
    
ABSTRACT

The legal equality of combatants (LEC) is a fixture of international law and just war theory. Both scholars who embrace and those who reject the moral equality of combatants seem committed to the legal equality of combatants. Their reasons usually include pragmatic worries about unjust combatants committing even more harm if they were to be simply prohibited from fighting. In this article I argue that this sweeping commitment to the legal equality of combatants is mistaken and that it is often grounded in a misunderstanding of the way international law governs behavior.  相似文献   

20.
    
This article examines the ways in which the two normative concerns of casualty-aversion and civilian protection influenced US military strategy in the particular context of the asymmetric conflict in Somalia in the early 1990s. The article critically evaluates US military operations through the prism of international humanitarian law and examines whether American forces started prioritizing casualty-aversion over the safeguarding of Somali civilians. Finally, by drawing on emerging moral guidelines (such as Michael Walzer's idea of ‘due care’), the article examines whether lower numbers of Somali civilian deaths could have been achieved if marginal increases to the risks faced by US soldiers had been accepted.  相似文献   

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