Combatants, Non-Combatants, and the Question of Innocence

2021 ◽  
pp. 81-109
Author(s):  
C. A. J. Coady

Chapter 4 tackles issues surrounding the concept of combatant/non-combatant and the related notions of guilt/innocence, and the connection of these to the soldier/civilian distinction. The investigation is partly conceptual, but it also inevitably raises moral questions and their significance, since the tactical definition’s reliance upon such concepts relates immediately to the moral assessments enshrined in the just war principle of discrimination, which prohibits the direction of lethal violence at non-combatants and reflects a wider moral principle that prohibits violence against the innocent. Whether one or both of these principles should be rejected, modified, or allow of exceptions are further questions addressed in Chapters 5 and 6. The present chapter requires extended discussion of contemporary debates within the complex just war tradition, particularly between those loosely styled “traditionalist” and “revisionist.” It offers a judgment on the debate and discusses its relation to the author’s account of the nature of terrorist acts.

2005 ◽  
Vol 19 (3) ◽  
pp. 39-53 ◽  
Author(s):  
Larry May

Just war theorists contended that weapons are illegitimate unless they can be used in such a way so as to distinguish combatants from noncombatants. Contemporary international legal theory also draws heavily on the principle of discrimination. The Geneva Convention (IV), as interpreted in the Second Protocol of 1977, says: “The civilian population as such, as well as individual civilians, shall not be the object of attack…Indiscriminate attacks are prohibited.” In both the Just War tradition and contemporary international law, the main justification for such a principle has to do with noncombatant immunity, the idea that only those who are combatants can legitimately be attacked in war. The principle of discrimination also relies on the idea that it is possible to distinguish, in a morally significant way, those classes or groups of people who participate in wars from those who do not. The categories of “civilian” or “soldier,”“combatant” or “noncombatant,” are thought to be stable. Yet, the case of the naked soldier taking a bath challenges such stability in a way that illustrates the serious conceptual and normative problems with identifying such social groups. In this paper I argue that, because of these problems, the traditional principle of discrimination offers no clear, morally relevant, line between those who fight and those who do not. Nonetheless, I argue that a distinction of this sort should be maintained, although one that will restrict tactics in war far more than is normally recognized.


2006 ◽  
Vol 19 (1) ◽  
pp. 9-40 ◽  
Author(s):  
CHRISTOPH BURCHARD

Carl Schmitt's Der Nomos der Erde allows us to rethink his interlinked proposals for the organization of the Weimar Republic, namely his theory of ‘democratic dictatorship’ and the ‘concept of the political’. Connecting the domestic homogeneity of an empowered people with the pluralism of the Westphalian state system, Schmitt seeks to humanize war; he objects to the renaissance of the ‘just war’ tradition, which is premised on a discriminating concept of war. Schmitt's objections are valid today, yet their Eurocentric foundations are also partially outdated. We are thus to argue with Schmitt against Schmitt to reflect on possibilities for the humanization of war.


2012 ◽  
Vol 127 (527) ◽  
pp. 976-978
Author(s):  
C. S. L. Davies
Keyword(s):  
Just War ◽  

2012 ◽  
Vol 39 (4) ◽  
pp. 859-880 ◽  
Author(s):  
PETER LEE

AbstractOver the past three decades Jean Bethke Elshtain has used her critique and application of just war as a means of engaging with multiple overlapping aspects of identity. Though Elshtain ostensibly writes about war and the justice, or lack of justice, therein, she also uses just war a site of analysis within which different strands of subjectivity are investigated and articulated as part of her broader political theory. This article explores the proposition that Elshtain's most important contribution to the just war tradition is not be found in her provision of codes or her analysis of ad bellum or in bello criteria, conformity to which adjudges war or military intervention to be just or otherwise. Rather, that she enriches just war debate because of the unique and sometimes provocative perspective she brings as political theorist and International Relations scholar who adopts, adapts, and deploys familiar but, for some, uncomfortable discursive artefacts from the history of the Christian West: suffused with her own Christian faith and theology. In so doing she continually reminds us that human lives, with all their attendant political, social, and religious complexities, should be the focus when military force is used, or even proposed, for political ends.


2021 ◽  
Vol 35 (3) ◽  
pp. 273-300
Author(s):  
H. David Baer
Keyword(s):  
Just War ◽  

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