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Just War Theory

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Drone Warfare And Just War Theory, Harry Van Der Linden Apr 2019

Drone Warfare And Just War Theory, Harry Van Der Linden

Harry van der Linden

This book chapter addresses two questions. First, can targeted killing by drones in non-battlefield zones be justified on basis of just war theory? Second, will the proliferation and expansion of combat drones in warfare, including the introduction of autonomous drones, be an obstacle to initiating or executing wars in a just manner in the future? The first question is answered by applying traditional jus ad bellum (justice in the resort to war) and jus in bello (justice in the execution of war) principles to the American targeted killing campaign in Pakistan; the second question is answered on basis of principles …


Drone Warfare And Just War Theory, Harry Van Der Linden Jul 2015

Drone Warfare And Just War Theory, Harry Van Der Linden

Harry van der Linden

This book chapter addresses two questions. First, can targeted killing by drones in non-battlefield zones be justified on basis of just war theory? Second, will the proliferation and expansion of combat drones in warfare, including the introduction of autonomous drones, be an obstacle to initiating or executing wars in a just manner in the future? The first question is answered by applying traditional jus ad bellum (justice in the resort to war) and jus in bello (justice in the execution of war) principles to the American targeted killing campaign in Pakistan; the second question is answered on basis of principles …


Review Of Howard Williams, Kant And The End Of War: A Critique Of Just War Theory, Harry Van Der Linden Jul 2015

Review Of Howard Williams, Kant And The End Of War: A Critique Of Just War Theory, Harry Van Der Linden

Harry van der Linden

Harry van der Linden's review of:

Howard Williams, Kant and the End of War: A Critique of Just War Theory, Palgrave Macmillan, 2012, 216pp., $90.00 (hbk), ISBN 9780230244207.


Framing The Issues In Moral Terms Iii: Rights And Right Conduct, Robert Williams Dec 2014

Framing The Issues In Moral Terms Iii: Rights And Right Conduct, Robert Williams

Robert E. Williams Jr.

The development of a global human rights culture has had a profound effect on the way discussions of military ethics are framed. This is most apparent in the development of the “responsibility to protect” norm amid a broader debate concerning military intervention to stop serious human rights abuses. With policymakers and international lawyers, many just war theorists have adopted an understanding of military ethics centered on human rights. This essay describes the development of the rights-based perspective on the use of force and its impact on key questions regarding the resort to war and just conduct in war.


Barack Obama As Just War Theorist: The Libyan Intervention, Harry Van Der Linden Jan 2012

Barack Obama As Just War Theorist: The Libyan Intervention, Harry Van Der Linden

Harry van der Linden

President Barack Obama has clearly placed himself in the just war tradition, and so we may ask how successful has President Obama in fact been as just war theorist? His justification of the recent NATO intervention in Libya shows that the record is at best mixed. More broadly, Obama’s failure as just war theorist is at least partly a failure of the theory itself: as long as this theory does not address issues of “just military preparedness,” it will fail to place real constraints on American resort to military force.


In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey Dec 2007

In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey

Sam Grey

Just War Theory asserts that armed conflict can be fought in a way that safeguards moral and legal norms while responding to pragmatic/military imperatives. One of the ways in which it seeks to safeguard justice is through specific provisions for the immunity of, and due care for, the vulnerable and innocent. Unfortunately, two doctrines within Just War Theory – the Doctrine of Double Effect and the Doctrine of Supreme Emergency – suspend or vacate these provisions. The net effect is to render justifications inaccessible, leaving only excuses, the use of which establishes that no one is truly accountable, no meaningful …