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During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous…
During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”
The images of soldiers which are evoked on memorial days commonly include a number of different virtues: courage, loyalty, fraternity, etc. One ideal perhaps extolled…
The images of soldiers which are evoked on memorial days commonly include a number of different virtues: courage, loyalty, fraternity, etc. One ideal perhaps extolled above all others is that of sacrifice. Soldiers, according to popular moral platitudes, are lauded for the sacrifices they make for the common good. Implied in this is the expectation that soldiers ought to be the type of people who are prepared to sacrifice themselves in defence of an ideal. Within the most popular framework for morally evaluating war, Just War Theory, sacrifice tends to be understood from within the deontological, rights-based framework that modern just war theorists favour. In this chapter I will aim to show how the conclusions drawn by considering sacrifice through a deontological lens can be enriched through the addition of virtue theoretical considerations, leading to a fuller account of sacrifice.
This chapter takes a philosophical approach to the idea of sacrifice in the military. It explores whether the predominant framework used for evaluating war, Just War Theory, is a suitable framework for understanding the sacrifices soldiers, commanders, and political leaders can be asked to make in times of war. Focussing on various conceptions of sacrifice, including physical and moral sacrifices, the chapter argues that the predominantly deontological formulation of modern just war theories could be enriched by considering notions surrounding the ancient Greek concept of arete (virtue). Thus, as well as being a detailed exposition of sacrifice in war, the chapter also seeks to show how consideration of aretaic notions such as virtue, character and moral psychology can enrich just war theories responses to various issues.
The value of this research is in suggesting that soldiers are morally obligated to accept more risk than modern warfare typically places, or at least historically has placed, on them. It also has implications for military ethics education in that it suggests that soldiers’ characters should be shaped in such a way as to dispose them to sacrifice. Further, it has implications for the use of Just War Theory in international relations by introducing a moral framework through which political leaders can determine when they might be morally obligated to forgive the indiscretions of another nation, and what it means to forgive in this context. As such, it makes a contribution to a growing discussion within Just War Theory: jus post bellum – the moral norms surrounding the resolution of conflict.
Among the many perspectives to analyze war, such as rational actor, organizational process, governmental politics and ethics, the perspective that actually incorporates the costs and benefits into a systematic theoretical structure has hardly been analyzed. The purpose of this paper is to analyze the costs and benefits perspective.
Three kinds of value are distinguished, i.e. human, economic and influence. Different actors (politicians, populations, stakeholders, etc). assign different weights to the three kinds of value. Six gradually more complicated models are developed. The first subtracts losses from gains for the three kinds of value. Thereafter, the paper accounts for multiple periods, time discounting, attitude towards risk, multiple stakeholders, subcategories for the three kinds of value, sequential decision-making and game theory.
The rich theoretical structure enables assessing costs and benefits more systematically and illuminatingly. The cost benefit analysis is illustrated with the 2003-2011 Iraq War. The paper estimates gained and lost value of human lives, economic value and influence value, and show how different weights impact the decision of whether to initiate war differently.
The paper provides scientists and policy makers with a theoretical structure within which to evaluate the costs and benefits of war, accounting for how different actors estimate weights, the future, risk and a variety of parameter values differently.
Harnessing the power and potential of Artificial Intelligence (AI) continues a centuries-old trajectory of the application of science and knowledge for the benefit of…
Harnessing the power and potential of Artificial Intelligence (AI) continues a centuries-old trajectory of the application of science and knowledge for the benefit of humanity. Such an endeavor has great promise, but also the possibility of creating conflict and disorder. This chapter draws upon the strengths of the previous chapters to provide readers with a purposeful assessment of the current AI security landscape, concluding with four key considerations for a globally secure future.
Extant and newly developing techniques and technologies generated by research in brain sciences are characteristically employed in clinical medicine. However, the…
Extant and newly developing techniques and technologies generated by research in brain sciences are characteristically employed in clinical medicine. However, the increasing capabilities conferred by these approaches to access, assess and affect cognition, emotion and behavior render them viable and attractive for engagement beyond the clinical realm, in what are referred to as “dual-use” applications. Definitions of what constitutes dual-use research and applications can vary so as to include utilization in the public sector for lifestyle or wellness purposes – with growing participation of a do-it-yourself (i.e., biohacking) community, and an iterative interest and use in military and warfare operations. Such uses can pose risks to public safety, and challenge research ethics’ principled imperative for non-harm (although while complete avoidance of any harm may be in reality impossible, certainly any/all harms incurred should be minimized). Thus, it is important to both clarify the construct of dual-use brain research and address the ethical issues that such research fosters. This chapter provides a review and clarification of the concept of dual-use brain science, and describes how current and emerging tools and techniques of brain research are actually or potentially employed in settings that threaten public health and incur ethical concerns. Key ethical issues are addressed, and recommendations for ethical guidance of potentially dual-use research are proposed.
The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing…
The increasing number of cyber attacks has transformed the “cyberspace” into a “battlefield”, bringing out “cyber warfare” as the “fifth dimension of war” and emphasizing the States’ need to effectively protect themselves against these attacks. The existing legal framework seem inadequate to deal effectively with cyber operations and, from a strictly legal standpoint, it indicates that addressing cyber attacks does not fall within the jurisdiction of just one legal branch. This is mainly because of the fact that the concept of cyber warfare itself is open to many different interpretations, ranging from cyber operations performed by the States within the context of armed conflict, under International Humanitarian Law, to illicit activities of all kinds performed by non-State actors including cybercriminals and terrorist groups. The paper initially presents major cyber-attack incidents and their impact on the States. On this basis, it examines the existing legal framework at the European and international levels. Furthermore, it approaches “cyber warfare” from the perspective of international law and focuses on two major issues relating to cyber operations, i.e. “jurisdiction” and “attribution”. The multi-layered process of attribution in combination with a variety of jurisdictional bases in international law makes the successful tackling of cyber attacks difficult. The paper aims to identify technical, legal and, last but not least, political difficulties and emphasize the complexity in applying international law rules in cyber operations.
The paper focuses on the globalization of the “cyber warfare phenomenon” by observing its evolutionary process from the early stages of its appearance until today. It examines the scope, duration and intensity of major cyber-attacks throughout the years in relation to the reactions of the States that were the victims. Having this as the base of discussion, it expands further by exemplifying “cyber warfare” from the perspective of the existing European and International legal framework. The main aim of this part is to identify and analyze major obstacles that arise, for instance in terms of “jurisdiction” and “attribution” in applying international law rules to “cyber warfare”.
The absence of a widely accepted legal framework to regulate jurisdictional issues of cyber warfare and the technical difficulties in identifying, with absolute certainty, the perpetrators of an attack, make the successful tackling of cyber attacks difficult.
The paper fulfills the need to identify difficulties in applying international law rules in cyber warfare and constitutes the basis for the creation of a method that will attempt to categorize and rank cyber operations in terms of their intensity and seriousness.
The aim of this chapter is to investigate the meaning of terrorism, with a view to highlighting the main hurdles in the way of creating a working definition, as well as…
The aim of this chapter is to investigate the meaning of terrorism, with a view to highlighting the main hurdles in the way of creating a working definition, as well as the necessity of developing definitions and classifications of this phenomenon.
This chapter provides an overview of the literature on terrorism as a social/political phenomenon. It is therefore based on secondary sources.
While most literature on the topic finds it pointless or impossible to define terrorism, here we argue just the opposite. Common critiques of current definitions may be overcome by using multiple definitions and classifications.
The chapter provides the methodological foundations for a comprehensive theoretical analysis of terrorism.
Originality/value of the chapter
The chapter applies insights from methodology of social sciences to the problem of defining terrorism.
Purpose – The purpose of this chapter is to highlight the current limitations in compensating the civilian victims of armed conflicts and to examine the possibility of…
Purpose – The purpose of this chapter is to highlight the current limitations in compensating the civilian victims of armed conflicts and to examine the possibility of extending this practice.
Methodology/approach – The first half of the chapter employs legal and political analysis of the current framework of international law and the practice of the United States. The latter half of the chapter examines the literature on theory of liability in economics and philosophy.
Findings – The framework of international law, which does not require compensation for the victims of lawful attacks, is increasingly at odds with the current trend in which military force is used by a powerful state against a much weaker state on the grounds that the local population would benefit from the operation. The system developed by the United States is the most extensive and can form a model for other states and international institutions. Keating's analysis of enterprise liability can be applied to compensation of victims in military operations that are deemed to be beneficial to the population. Economic analysis, on contrary, suggests that compensation of civilian victims has minimal effect on the level of risks.
Originality/value – This chapter makes a unique contribution by applying theory of liability to a situation that widely diverges from the context in which the theory has developed. It critically examines the current practice and proposes a morally preferable and economically sustainable alternative model.