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Innocents, Double Effect and Proportionality

Uwe Steinhoff

in On the Ethics of War and Terrorism

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217373
eISBN:
9780191712470
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217373.003.0004
Subject:
Political Science, Political Theory

Appealing to the doctrine of double effect, just war theorists claim that only the direct and intentional killing of innocents violates their rights, but not the mere acceptance of their killing as a ... More


Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Neta Crawford

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.001.0001
Subject:
Political Science, International Relations and Politics, American Politics

United States officials argued during America’s post-9-/11 wars that the US took every precaution to prevent unintended civilian death and injury — known as collateral damage — due to US military ... More


Introduction

Neta C. Crawford

in Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.003.0001
Subject:
Political Science, International Relations and Politics, American Politics

“Collateral damage” is defined in U.S. military documents as “Unintentional or incidental injury or damage to persons or objects that would not be lawful military targets in the circumstances ruling ... More


Ethics for Enemies: Terror, Torture, and War

F. M. Kamm

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199608782
eISBN:
9780191729577
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199608782.001.0001
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This is a book of three philosophical chapters on aspects of terrorism, torture, and war. It relates issues in ethical theory to practical ethics. The chapter on torture considers views about what ... More


Moral Grammar and Military Vocabulary

Neta C. Crawford

in Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199981724
eISBN:
9780199369942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199981724.003.0002
Subject:
Political Science, International Relations and Politics, American Politics

Clarifies the concepts of collateral damage and moral responsibility, as well as terms such as combatant, noncombatant, and civilian as they are used in international law and ethics. Other terms, ... More


Considerations of Necessity under Article 57(2)(a)(ii), (c), and (3) and Proportionality under Article 51(5)(b) and Article 57(2)(b) of Additional Protocol I: Is There Room for an Integrated Approach?

Wolff Heintschel von Heinegg

in Necessity and Proportionality in International Peace and Security Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780197537374
eISBN:
9780197537404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197537374.003.0011
Subject:
Law, Public International Law

While military necessity as such does not absolve the parties to the conflict from their obligations of avoiding or minimizing collateral damage, of giving an advance warning, or of choosing an ... More


THE IMPORTANCE OF CRITERIA-BASED REASONING IN TARGETED KILLING DECISIONS

Amos N. Guiora

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0012
Subject:
Law, Public International Law, Philosophy of Law

This chapter presents an account of how targeted killing does, and should, work on the ground. The discussion is based on the author's twin perspectives of having served as a legal advisor in the ... More


EFFICIENCY IN BELLO AND AD BELLUM: MAKING THE USE OF FORCE TOO EASY?

Kenneth Anderson

in Targeted Killings: Law and Morality in an Asymmetrical World

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646470
eISBN:
9780191738975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646470.003.0015
Subject:
Law, Public International Law, Philosophy of Law

This chapter focuses on an argument over targeted killing using drones. The bare-bones argument is the following: Targeted killing using drone warfare is immoral because, by removing the personal ... More


Specifying the Proportionality Test and the Standard of Due Precaution: Problems of Prognostic Assessment in Determining the Meaning of “May Be Expected” and “Anticipated”

Stefan Oeter

in Necessity and Proportionality in International Peace and Security Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780197537374
eISBN:
9780197537404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197537374.003.0012
Subject:
Law, Public International Law

This chapter addresses the challenging legal and operational issues raised by the proportionality requirement to assess the legality of collateral damage. Specifically, the chapter engages closely ... More


Humanitarian intervention

Cécile Fabre

in Cosmopolitan War

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199567164
eISBN:
9780191746055
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567164.003.0006
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Chapter 5 tackles wars of humanitarian intervention, raising a number of issues which normative accounts of self-defensive wars do not address. First, any argument in favour of the right to intervene ... More


The Kill Chain (I): Deliberate Targeting

Craig Jones

in The War Lawyers: The United States, Israel, and Juridical Warfare

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198842927
eISBN:
9780191878824
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842927.003.0006
Subject:
Law, Public International Law

This is the first of two chapters analysing the role of military lawyers in the contemporary US kill chain. This chapter focuses on deliberate (planned) targeting operations and the routine nature of ... More


Reasons for Starting War: Goals, Conditions, and Proportionality

F. M. Kamm

in Ethics for Enemies: Terror, Torture, and War

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199608782
eISBN:
9780191729577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199608782.003.0004
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Chapter 3 is, in part, concerned with whether having a proper intention is necessary in order to make starting war just and thus satisfy what is known as jus ad bellum. It goes on to consider a ... More


Civilian Immunity and Civilian Liability

Jeff McMahan

in Killing in War

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199548668
eISBN:
9780191721045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548668.003.0005
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter criticizes the orthodox view that all civilians are morally immune from intentional attack simply by virtue of their status as civilians. Among other things, this view makes liability a ... More


Legitimate Target: A Criteria-Based Approach to Targeted Killing

Amos Guiora

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199969739
eISBN:
9780199333288
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199969739.001.0001
Subject:
Law, Public International Law

Targeted killings represent both the contemporary weapon of choice and, clearly, the weapon of the future. From the perspective of the nation-state, the benefits of targeted killing are clear: ... More


Geneva Convention Compliance in Iraq and Afghanistan

Elizabeth Grimm Arsenault

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0005
Subject:
Political Science, International Relations and Politics, Comparative Politics

US compliance with the Geneva Conventions in Iraq and Afghanistan appeared to vary with the particular subject matter and battle space. In military operations during the last decade, the United ... More


In the Murk of It: Iraq Reconsidered

Mitchell Cohen

in A Matter of Principle: Humanitarian Arguments for War in Iraq

Published in print:
2005
Published Online:
March 2012
ISBN:
9780520244863
eISBN:
9780520932166
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520244863.003.0005
Subject:
Sociology, Politics, Social Movements and Social Change

This chapter discusses the forceful arguments made in good faith by foes and proponents of the Iraq war. The consequences of the war are what matter most. Collateral damage in a war is often visible ... More


Evaluation and perspectives

Lewis Minkin

in The Blair Supremacy: A study in the politics of Labour's party management

Published in print:
2014
Published Online:
September 2014
ISBN:
9780719073793
eISBN:
9781781706770
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719073793.003.0021
Subject:
Political Science, International Relations and Politics

This chapter evaluates Blair’s form of management in relation to the goals covered in Chapter 4 and a realist’s view of its controlling organisational successes. It is argued here that these ... More


Against

Jeremy Waldron

in Debating Targeted Killing: Counter-Terrorism or Extrajudicial Execution?

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190906917
eISBN:
9780190906955
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190906917.003.0003
Subject:
Philosophy, Moral Philosophy

The debate continues with Waldron’s presentation of several arguments against targeted killing. Most of these arguments focus on the killing itself and the difference that is made by the fact that ... More


A Theory of Jus in Bello Proportionality

Adil Ahmad Haque

in Weighing Lives in War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198796176
eISBN:
9780191837272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796176.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

The chapter argues that an attack that inflicts harm on civilians is proportionate only if it prevents the opposing party from inflicting substantially greater harm on the attacking force or ... More


Proportionality

Adil Ahmad Haque

in Law and Morality at War

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199687398
eISBN:
9780191767180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687398.003.0008
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter provides a new account of jus in bello proportionality. An attack that inflicts incidental harm on civilians is objectively proportionate only if it prevents opposing forces from ... More


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