I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue (...) that the police should primarily be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

Terrorism, the use of military force in Afghanistan, Iraq and Syria, and the fatal police shootings of unarmed persons have all contributed to renewed interest in the ethics of police and military use of lethal force and its moral justification. In this book, philosopher Seumas Miller analyzes the various moral justifications and moral responsibilities involved in the use of lethal force by police and military combatants, relying on a distinctive normative teleological account of institutional roles. (...) His conception constitutes a novel alternative to prevailing reductive individualist and collectivist accounts. As Miller argues, police and military uses of lethal force are morally justified in part by recourse to fundamental natural moral rights and obligations, especially the right to personal self-defense and the moral obligation to defend the lives of innocent others. Yet the moral justification for police and military use of lethal force is to some extent role-specific. Both police officers and military combatants evidently have an institutionally-based moral duty to put themselves in harm's way to protect others. Under some circumstances, however, police have an institutionally based moral duty to use lethal force to uphold the law; and military combatants have an institutionally based moral duty to use lethal force to win wars. Two key notions in play are joint action and the natural right to self-defense. Miller uses a relational individualist theory of joint actions to construct the notion of multi-layered structures of joint action in order to explicate organizational action. He also provides a novel theory of justifiable killing in self-defense. Over the course of his book, Miller covers a variety of urgent topics, such as police shootings of armed offenders, police shooting of suicide-bombers, targeted killing, autonomous weapons, humanitarian armed intervention, and civilian immunity. (shrink)

In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus (...) on his more narrow use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)

Under conditions of physiological stress, officers are sometimes required to make split-second life-or-death decisions, where deficits in performance can have tragic outcomes, including serious injury or death and strained police–community relations. The current study assessed the performance of 122 active-duty police officers during a realistic lethal force scenario to examine whether performance was affected by the officer’s level of operational skills training, years of police service, and stress reactivity. Results demonstrated that the scenario produced elevated heart rates, as (...) well as perceptual and cognitive distortions, such as tunnel vision, commensurate with those observed in naturalistic use of force encounters. The average performance rating from the scenario was 59%, with 27% of participants making at least one lethal force error. Elevated stress reactivity was a predictor of poorer performance and increased lethal force errors. Level of training and years of police service had differential and complex effects on both performance and lethal force errors. Our results illustrate the need to critically reflect on police training practices and continue to make evidence-based improvements to training. The findings also highlight that while training may significantly improve outcomes, flawless performance is likely not probable, given the limits of human performance under stress. Implications for the objective reasonableness standard, which is used to assess the appropriateness of force in courts of law, are discussed. (shrink)

In this chapter the morality of the use of lethal force by police against a suicide bomber in a well-ordered jurisdiction in a liberal democratic state is analyzed. Such operations involve a team of police officers with different roles, such as surveillance officers and firearms officers. So the question arises as to who is morally responsible for any mistakes leading to loss of innocent life (e.g., the Menezes killing by London police in 2005). Three key theoretical claims are: (...) (1) collective moral responsibility is a species of relational individual moral responsibility; namely, joint moral responsibility; (2) police scenarios of this kind involve chains of institutional and moral responsibility; (3) an individual participant in a morally required joint action (omission) scenario that fails is not morally culpable if she or he did all that could be reasonably be expected but might share in the collective responsibility. (shrink)

Seumas Miller’s book Shooting to Kill: The Ethics of Police and Military Use of Lethal Force concerns the moral rules applicable to the use of lethal force over three domains: individuals (personal...

In this chapter the main conditions under which police use of lethal force is morally justified are elaborated. The first two conditions—self-defense and defense of others—are the same conditions under which ordinary citizens are entitled to use lethal force. However, there is another important condition: to uphold the law. For example, a police officer may be morally justified in killing another person if that person is rightly and reasonably suspected of the crimes of serious rights violations, (...) is attempting to avoid arrest, is armed and using those arms to avoid arrest, and if the only way to prevent the suspected offender from escaping is to kill him or her. (shrink)

In this chapter a taxonomy is provided of the morally permissible use of lethal force across two main dimensions: (1) individual and joint action (and joint omissions) and (2) negative and positive moral rights. The claim that it is morally permissible to use lethal force to enforce some negative rights, notably the right to self-defense in the service of the right not to be killed, is relatively uncontroversial. However, it is argued that it may well be (...) morally permissible to use lethal force to enforce some positive rights, notably the right to preserve the life of others. In cases of multiple attackers/refrainers and multiple defenders/enforcers, the use of lethal force typically involves joint actions. Therefore, an analysis of such joint actions is provided. Note that philosophical analyses of the moral permissibility of the use of lethal force are typically unhelpfully framed in terms of individual, as opposed to joint, actions, albeit the “individuals” in question are sometimes collective entities, such as military forces. (shrink)

In this chapter, just war theory is outlined, including _jus ad bellum_ and _jus in bello_, and a version provided that accommodates wars fought by and against nonstate actors (e.g., terrorist groups). The concept of war is framed in terms of such theoretical notions as joint actions, multilayered structures of joint action, and institutional roles. It is argued that (1) despite the moral difference between combatants fighting a just war and those fighting an unjust war, compliance with the doctrine of (...) the moral equality of combatants is morally justified, but the institutional rights and duties constitutive of that doctrine are merely prima facie moral rights and duties; (2) the principle of military necessity is to be understood in terms of _nested collective ends_ (e.g., the collective end of winning the war depends on winning various battles); and (3) the application of the principle of military necessity involvesthe rules of engagement. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of (...) thinking about the ethics of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

The ethics of warfare and military leadership must pay attention to the rapidly increasing use of artificial intelligence and machines. Who is responsible for the decisions made by a machine? Do machines make decisions? May they make them? These issues are of particular interest in the context of Lethal Autonomous Weapon Systems. Are they autonomous or just automated? Do they violate the international humanitarian law which requires that humans must always be responsible for the use of lethal (...) class='Hi'>force and for the assessment that civilian casualties are proportionate to the military goals? The article analyses relevant documents, opinions, government positions, and commentaries using the methods of applied ethics. The main conceptual finding is that the definition of autonomy depends on what the one presenting it seeks to support. Those who want to use lethal autonomous weapon systems call them by another name, say, automated instead of autonomous. They impose standards on autonomy that machines do not meet, such as moral agency. Those who wish to ban the use of lethal autonomous weapon systems define them much less broadly and do not require them to do much more than to be a self-standing part of the causal chain.The article’s argument is that the question of responsibility is most naturally perceived by abandoning the most controversial philosophical considerations and simply stating that an individual or a group of people is always responsible for the creation of the equipment they produce and use. This does not mean that those who press the button, or their immediate superiors, are to blame. They are doing their jobs in a system. The ones responsible can probably be found in higher military leadership, in political decision-makers who dictate their goals, and, at least in democracies, in the citizens who have chosen their political decision-makers. (shrink)

Jean-Jacques Lavoie | Résumé : L’auteur présente un état de la recherche sur la critique textuelle et la critique des sources de Qohélet 7,19-20 et propose une analyse structurelle et littéraire de ces deux versets. Il poursuit son enquête en s’attardant plus particulièrement aux thèmes de la force meurtrière et de l’imperfection humaine, deux thèmes intimement liés dans quelques textes de la Bible, particulièrement en 1 R 8 et au Ps 143. |: The author presents the state of research (...) about textual and source criticisms concerning Qoheleth 7:19-20, and then provides a structural and literary analysis of these verses. He pursues his inquiry further, focusing more particularly on the themes of the lethal force and the human imperfection, two themes interrelated in some biblical texts, particularly 1 Kings 8 and Psalm 143. (shrink)

This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global (...) justice. Moreover, the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State’s lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances. (shrink)

The Philosophy of Force presents a highly original, republican theory of just war. Taking its inspiration from historic wars against slavery and colonialism, it offers an account of the ethics of defensive violence shaped around the perspective of those oppressed by empire and other forms of social and political domination. Whereas the most intuitive cases of just war are often thought to be those fought against mass killing, more can be learnt about the ethics of violence by focusing on (...) wars against mass domination-wars like the slave revolt in Saint-Domingue that gave birth to Haiti and the American Civil War's emancipation of enslaved people. -/- By contrast with liberal-cosmopolitan ethics, this book argues that the right analytical starting point for thinking about war and political violence is the use of lethal force to defend against enslavement, not the defence of lives against attempted murder. Enslavement highlights the importance of dominating power as a facet of all violent threats and illuminates more fully than other types of threat the intimate relationships between violence, vulnerability, and social domination. Building a republican account of war ethics around this insight helps identify distinctively political dimensions of violence that are otherwise apt to be overlooked. It provides a compelling basis for understanding the legitimacy of armed defence against a wide range of threats, some lethal, some not. (shrink)

Plans to automate killing by using robots armed with lethal weapons have been a prominent feature of most US military forces? roadmaps since 2004. The idea is to have a staged move from ?man-in-the-loop? to ?man-on-the-loop? to full autonomy. While this may result in considerable military advantages, the policy raises ethical concerns with regard to potential breaches of International Humanitarian Law, including the Principle of Distinction and the Principle of Proportionality. Current applications of remote piloted robot planes or drones (...) offer lessons about how automated weapons platforms could be misused by extending the range of legally questionable, targeted killings by security and intelligence forces. Moreover, the alleged moral disengagement by remote pilots will only be exacerbated by the use of autonomous robots. Leaders in the international community need to address the difficult legal and moral issues now, before the current mass proliferation of development reaches fruition. (shrink)

The UN Convention on Certain Conventional Weapons (CCW) can, on the one hand, be considered vital for the global governance process—in the sense of urging international cooperation on the ethical, developmental, and standards aspects of lethal autonomous weapon systems (LAWS). On the other hand, the CCW may also embody a global trend that does not augur well for international solidarity, namely the lack of credible and comprehensive collaboration to advance global objectives of peace and security. In 2022, a majority (...) of the 125 nations that belong to the CCW requested limits on a specific type of lethal autonomous weapons: “killer robots.” Yet, most of the major global powers—namely the United States, Russia, and China—opposed not only a ban on LAWS but also on any restrictions on the development of these weapons, not least because the United States, Russia, and China are actively developing this weapons technology. While there is currently much focus on the technological evolution of LAWS, less has been written about how ethical values can exert influence on a growing global consciousness around factors such as power, technology, human judgment, accountability, autonomy, dehumanization, and the use of force. This introduction lays the groundwork for dealing with these issues. It does so by showing that all these factors warrant a pluralist approach to the global governance of LAWS, based on multiple grounds, including the military, tech, law, and distinctive theoretical-ethical orientations; the rationale being to combine this expertise into a collection for publication. Reflecting the contributing authors’ firsthand experiences of the ethics surrounding the management of LAWS to address decisive and critical questions at an expert level, it provides a framing for the collection, showing that the use of international legal mechanisms like the CCW are crucial to considering both the potential and the limits of LAWS, as well as what it can contribute to areas such as international law, human rights, and national security. (shrink)

Responsibility to Protect (R2P) doctrine assumes that there exists an underlying humanitarian duty to forcefully intervene in situations where innocent human lives are threatened with unjust violence. But what is the philosophical basis for the humanitarian moral obligation that underpins the R2P doctrine? I demonstrate that a third party should use forceful intervention (which might include lethal force) to protect an innocent human life in cases where the intervener has a duty to rescue the potential victim’s life and (...) the use of force is morally permissible. Then I argue that a potential intervener is permitted to kill the attacker when he has an impartial reason for doing so: the attacker is unjustly threatening an innocent person’s life. Impartial justification is important in such cases, I argue, because it affirms the equality of all humans: that one human is not worth intrinsically more than another. (shrink)

Proposals by the San Francisco Police Department (SFPD) to use bomb disposal robots for deadly force against humans have met with widespread condemnation. Media coverage of the furore has tended, incorrectly, to conflate these robots with autonomous weapon systems (AWS), the AI-based weapons used in armed conflict. These two types of systems should be treated as distinct since they have different sets of social, ethical, and legal implications. However, the conflation does raise a pressing question: what _if_ the SFPD (...) had proposed using AWS for law enforcement purposes? This article argues that current debate on AWS takes place within a ‘killing paradigm’ that leaves us ill-placed to understand the implications of using autonomous force outside of armed conflict. This is because ‘lethality’ is taken as the paradigmatic form of harm, meaning that other harms are understood in a way that is derivative of lethal harm. The article calls for more research on how other sorts of goods, such as freedom from domination, are imperilled by the use of autonomous force. The article also suggests that bringing research on AWS into dialogue with the sorts of concerns that have typically motivated political theory—e.g. power, coercion, the state—provides a fruitful starting point for addressing these issues. (shrink)

Most contemporary conflicts can be characterized as ‘wars or conflicts amongst the people’. International military forces deployed in such conflicts are confronted with complex operational environments where the distinction between combatants and non-combatants is often impossible to make. At the same time, there is a moral requirement imposed on Western coalition forces to perform in a humane manner and to keep casualties to a minimum. Non-lethal weapons are expected to enable military forces to accomplish their mission without having to (...) kill or destroy. The extent to which these weapons meet that promise in real world conditions is the subject of debate. A defence technology assessment of non-lethal weapons is proposed that validates their utility and moral implications by considering the user, the weapon and the target in the context of the deployment situation. It will be illustrated that the technical parameters of the non-lethal weapons are no guarantee that the weapons will perform as intended as the user and target introduce many factors of uncertainty in real world situations. Although such uncertainties undermine the moral acceptability of non-lethal weapons, it is argued that the principle of non-lethality is compliant with the Just War Tradition principle of proportionality. The principles of non-combatant immunity and discrimination need to be re-calibrated given the human-centricity of many military intervention operations. (shrink)

In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement (...) of minimal force is an important requirement for considering ethical uses of force. In particular, we distinguish between lethal and non-lethal purposes of use of force and introduce the prospect of non-lethal AWS before reviewing a number of challenges which AWS pose with respect to their non-lethal use. The challenges arise where AWS generate unpredictable outcomes impinging upon the situational awareness required of combatants to ensure that their actions meet the requirement of minimal force. We conclude with a call for further research on the ethical implications of non-lethal uses of AWS as a necessary contribution for assessing the moral permissibility of AWS. (shrink)

This chapter presents an initial discussion of scenarios linked to terrorism and lethal autonomous weapon systems (LAWs). This chapter discusses two arguments: first, LAWs are different from nuclear weapons because all state and non-state actors can have access to them, and second, technological progress goes faster than international law and diplomacy, which should ban or limit the use of LAWs. Considering the first argument, the chapter explains different classifications and the specificities of these weapons that distinguish them from nuclear (...) weapons and make them more dangerous. Supporting the argument that the world is facing new threats, the chapter discusses different scenarios for the use of LAWs by state and non-state actors, and practical solutions can reduce the use of LAWs and their risks. The chapter also supplies an overview of the international laws and the international mechanisms that need a rethinking of the rules concerning the use of force. In conclusion, all the debate concerning international law will not be enough to reduce the risks of the possible use of LAWs by terrorist organizations and that international society will have only two choices: to end research on artificial intelligence in the military field or to take the risk of ending humanity by supporting research in this area. (shrink)

I evaluate one intuitive argument for, and one against, the use of lethal drones by the United States in its War on Terror. The Lesser Evil Argument appeals to those who think it perverse to reject weapons that enable a more limited use of force. But if harms on all sides and longer-term consequences are considered, the argument is much less persuasive. The Targeted Killing Argument is intuitive to those who consider drone strikes against terrorist suspects named in (...) intelligence reports to violate the rules of war. I reject the claim that it would be acceptable to carry out targeted killings because of necessity. Finally, I consider how radical asymmetry encourages terrorism against civilians, and how drone operators have the status of executioners, not warriors. (shrink)

Police officers must be able to make an accurate appraisal of a lethal encounter and respond with appropriate force to mitigate the threat to their own lives and to the lives of others. Contemporary police deadly force training places the cadet in mock lethal encounters, which are designed to simulate those occurring in the real lives of law enforcement officers. This Reality Base Training is designed to provide cadets with experiences that require their reactions to be (...) within the law, policies and procedures, and ethics while undergoing a very stressful, emotional, and physically dynamic situation. Three police cadets provided written accounts of their deadly force training experiences in the RBT format. The descriptive phenomenological psychological method was used to analyze the data and to synthesize a general psychological structure of their experiences. The results reveal the perceptions, thoughts, feelings and behaviors reflecting the role of consciousness and psychological subjectivity in the participants’ understandings and decision-making in the simulated situations. (shrink)

Two conditions guiding permissible use of force in self-defence are proportionality and success. According to the proportionality condition the means used to prevent an attack can be permissible only if they are proportional to the interest at stake.1 According to the success condition, otherwise impermissible acts can be justified under the right to self-defence only if they are likely to succeed in preventing the perceived threat.2 These requirements should not always be interpreted narrowly. Sometimes people are permitted to kill (...) culpable aggressors in order to avoid a non-lethal harm. Sometimes people are permitted to take up arms to defend themselves against culpable aggressors they have little or no hope of .. (shrink)

Recent calls to address racism in bioethics reflect a sense of urgency to mitigate the lethal effects of a lack of action. While the field was catalyzed largely in response to pivotal events deeply rooted in racism and other structures of oppression embedded in research and health care, it has failed to center racial justice in its scholarship, pedagogy, advocacy, and practice, and neglected to integrate anti-racism as a central consideration. Academic bioethics programs play a key role in determining (...) the field’s norms and practices, including methodologies, funding priorities, and professional networks that bear on equity, inclusion, and epistemic justice. This article describes recommendations from the Racial Equity, Diversity, and Inclusion (REDI) Task Force commissioned by the Association of Bioethics Program Directors to prioritize and strengthen anti-racist practices in bioethics programmatic endeavors and to evaluate and develop specific goals to advance REDI. (shrink)

As the militaries of technologically advanced nations seek to apply increasingly sophisticated AI and automation to weapons technologies, a host of ethical, legal, social, and political questions arise. Central among these is whether it is ethical to delegate the decision to use lethal force to an autonomous system that is not under meaningful human control. Further questions arise as to who or what could or should be held responsible when lethal force is used improperly by such (...) systems. This chapter argues that current autonomous weapons are not legal or moral agents that can be held morally responsible or legally accountable for their choices and actions, and that therefore humans need to maintain control over such weapons systems. (shrink)

Soldiers hiding in enemy territory that are discovered by civilians face acute ethical problems as to what to do about them. The law of armed conflict forbids harming civilians, yet if they are released they may well betray the soldiers and alert enemy forces that will kill or capture the soldiers. This is not just a theoretical problem; there are recent documented accounts of British and American soldiers who have found themselves in such a position and who have died because (...) they released the civilians. This paper argues that the ethical imperative here is to save the lives of both the soldiers and the civilians and that this should be the guiding principle in such cases. To this end, where possible, non-lethal means of restraint should be used on civilians to incapacitate them while the soldiers escape. (shrink)

The article analyses how robotisation as the latest advance in military technology can depersonalise the methods of killing in the 21st century by turning enemy soldiers and civilians into mere objects devoid of moral value. The departing assumption is that robotisation of warfare transforms military operations into automated industrial processes with the aim of removing empathy as a redundant?cost?. The development of autonomous weapons systems raises a number of sharp ethical controversies related to the projected moral insensitivity of robots regarding (...) the treatment of enemies and civilian population. The futurist vision of war as a foreign policy instrument entirely?purified? of the risk of morally wrong actions is in opposition with the negative effects of the use of drones. The author concludes that the use of lethal robots in combat would eventually remove enemy soldiers and civilians from the realm of ethical reasoning and deprive them of human dignity. Decision to kill in military operations ought to be based on human conscience as the only proper framework of making decisions by reasoning whether an action is right or wrong. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent (...) crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves (...) to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

International law and conventional morality grant that states may stand ready to defend their borders with lethal force. But what grounds the permission to kill for the sake of political sovereignty and territorial integrity? In this book leading theorists address this vexed issue, and set the terms of future debate over national defence.

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the (...) “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. (shrink)

The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable (...) to defensive harm, though doubts about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy. (shrink)

The aim of this paper is twofold. First, we argue that killing a Conditional Threat usually involves an unnecessary act of self-defense, so killing this aggressor is usually morally impermissible. We defend this thesis by showing that this case is fundamentally similar to a case involving an Unconditional Threat in which the victim can flee to safety although this involves incurring a minor cost. Second, we analyze the thresholds of maximal harm that victims are required to bear before they are (...) permitted to defend themselves by harming their aggressors related to the conditions of necessity and of proportionality. We argue that the maximal harm a victim is required to bear sanctioned by the condition of necessity is, all else being equal, lower than the maximal harm that a victim must bear sanctioned by the condition of proportionality. This result is relevant for determining in which cases victims may use lethal force against Conditional Threats, both in the individual case and also in the case of war. (shrink)

States are not only claiming the right to grant or deny entry to their territories but also enforcing this right against non-citizens in ways that cause significant harm to these individuals. In this article, I argue that endorsing the presumptive right to restrict immigration does not settle the question of when or how it may permissibly inflict harm on individuals to enforce this right. I examine three distinct justifications for causing harm to individuals. First, the justification of defensive harm holds (...) that harming individuals is morally permissible when they pose an unjustified threat to others. Second, the justification of protecting property states that harming individuals is morally permissible when they pose an unjustified threat to others’ property interests. Third, I consider the state punishment justification, which maintains that harming individuals is morally permissible when punishment is an appropriate response to their previous conduct. I conclude that any immigration enforcement measure that involves lethal force or the infliction of severe bodily harm is morally impermissible, whether it is used to defend the state or its property. Moreover, criminal sanctions for immigration violations are difficult to justify. (shrink)

Proportionality is widely accepted as a necessary condition of justified self-defense. What gives rise to this particular condition and what role it plays in the justification of self-defense seldom receive focused critical attention. In this paper I address the standard of proportionality applicable to personal self-defense and the role that proportionality plays in justifying the use of harmful force in self-defense. I argue against an equivalent harm view of proportionality in self-defense, and in favor of a standard of proportionality (...) in self-defense that requires comparable seriousness and takes into account the wrong, as opposed simply to the harm that the victim is fending off. I distinguish the standard of proportionality in self-defense from proportionality in circumstances of necessity, and I discuss whether proportionality is an internal or an external constraint on the right of self-defense. (shrink)

Autonomous weapon systems (AWS) – military robots able to select and engage targets with lethal force on their own – are a subject of voluminous ethical debates, with many calling for a universal ban on AWS. One of the most prominent arguments for such a ban is based on the threat of anti-personnel AWS – killer robots – to terrorist groups and totalitarian regimes. As these weapons would be ideal for terrorist or oppressive ends, and as having such (...) ends realized is very bad indeed, this would be a disastrous outcome. Although agreeing with this threat assessment, I argue that a universal ban on AW would be neither necessary nor sufficient to stop these outcomes, while the efforts to create a ban divert resources from other more feasible countermeasures. To show this, I critically analyze two most detailed extant accounts of the proliferation threat put forward by ban proponents. Based on that analysis, I propose a number of more specific policy measures that could prevent most dire forms of killer robots’ proliferation while remaining politically feasible and compatible with subsequent pursuit of more ambitious non-proliferation agenda. (shrink)

In this article, I undertake three main tasks. First, I argue that, contrary to the standard view, moral injury is not a species of PTSD (post-traumatic stress disorder) but rather, on the most coherent conception of moral injury, PTSD is (in effect) a species of moral injury. In doing so, I make use of the notion of caring deeply about something or someone worthy of being cared deeply about. Second, I consider so-called “dirty hands” actions in police work and in (...) war, and distinguish these from the morally legitimate, but harmful, actions of police officers and of war fighters, such as the morally legitimate use of coercive force and lethal force (respectively). While the morally legitimate use of harmful methods is constitutive of these occupational roles, “dirty hands” methods are not. Roughly speaking, a “dirty hands” action is one that is morally wrong and (typically) unlawful but done for the sake of a good outcome. Both categories of action are conducive to moral injury, but “dirty hands” actions much more so, especially given the slippery moral slope from “dirty hands” actions to egregious moral wrongdoing. Third, I offer some recommendations for reducing moral injury among police officers and war fighters. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force (...) in a far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

There is a perfect alignment, a complex form of integration and synergy between our economic objectives (at the individual, corporate, or state level) and our addiction to consumption. Every individual and human group is caught between our propensity to consume and the need for economic growth. The major difficulty faced by individuals and states is that economic competition makes any form of consumption reduction impossible. Economic growth is, in the short term, necessary for states, while it is lethal for (...) humanity in the long term. It is therefore clear that the fundamental constraint weighing on each national economy is incompatible with the preservation of our planet. (shrink)

abstract Assume that some group, A, is under a serious threat from some other group, B. The only way group A can defend itself is by using lethal force against group B, but the standard conditions for using force in self‐defence are not met. Ought group A to avoid the use of force even if this means yielding to an aggressive, evil power? Most people would resist this conclusion, yet given the violation of essential conditions for (...) self‐defence, this resistance is hard to justify. The aim of this paper is to point to an interesting yet unnoticed move made by some philosophers to find a way out of this problem, a move which relies on construing the situation at hand as a tragic dilemma. I show the attractiveness of this solution and argue that in the end it fails. (shrink)

The development of autonomous, robotic weaponry is progressing rapidly. Many observers agree that banning the initiation of lethal activity by autonomous weapons is a worthy goal. Some disagree with this goal, on the grounds that robots may equal and exceed the ethical conduct of human soldiers on the battlefield. Those who seek arms-control agreements limiting the use of military robots face practical difficulties. One such difficulty concerns defining the notion of an autonomous action by a robot. Another challenge concerns (...) how to verify and monitor the capabilities of rapidly changing technologies. In this article we describe concepts from our previous work about autonomy and ethics for robots and apply them to military robots and robot arms control. We conclude with a proposal for a first step toward limiting the deployment of autonomous weapons capable of initiating lethal force. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...) as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to (...) be justified by the traditionalist fail to meet the proportionality criterion. Thus, a just war, for Rodin, is best conceived of as a punitive war of law enforcement, not as a war of national-defense. I argue that Rodin does not have a case against the traditionalist. If national-defense is a disproportionate response to conditional aggression, then punitive war is a disproportionate response as well. Furthermore, the belief that punitive war is a proportionate response to conditional aggression underscores the traditionalist’s view that self-determination, cultural identity and the like are of sufficient value to defend by means of lethal force. I end the paper by very briefly sketching an account, different from that of Rodin’s, of how individual nations can be justified in waging wars of law enforcement. (shrink)

abstract During the current round of fighting in the Middle East, Israel has provoked considerable controversy as it turned to targeted killings or assassination to battle militants. While assassination has met with disfavour among traditional observers, commentators have, more recently, sought to justify targeted killings with an appeal to both self‐defence and law enforcement. While each paradigm allows the use of lethal force, they are fundamentally incompatible, the former stipulating moral innocence and the latter demanding the presumption of (...) criminal guilt. Putting aside the paradigm of law enforcement which demands due process and forbids extra‐judicial execution, the only possible avenue for justifying named killings lies in self‐defence. While named killings might be defensible on the grounds that there are no other ways to disable combatants when they fight without uniforms, the costs, including the cost of targeted killing emerging as an acceptable convention in its own right, should be sufficient to view the practice with a good deal of caution. (shrink)

Both contemporary just war theory and international law recognize national defense against aggression as a just cause for war. To justify national defense, theorists assume that the state has a right to its territorial integrity, though they have done little to explore what gives a state this right. The chapter argues that a state has a right to its territorial integrity if and only if: (a) the individuals represented by that state have a claim to occupy the area it rules (...) (Territorial Claim); (b) the state imposes a legitimate legal system on the territory, by enacting and enforcing personal and property law there (Legitimate Jurisdiction); and (c) the citizenry has established a relationship of political cooperation through their state that is widely affirmed (Political Independence). The chapter then considers whether a state that satisfies these three criteria may defend its territory with lethal force. (shrink)