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Ethics in Warfare
2
Transcript
Three Principles
- Military Necessity
- Must be aimed at defeating the enemy
- Must be against a legitimate military target
- Distiction
- Belligerents must distinguish between combatants and civilians
- Proportionality
- Must make sure harm to civilians or their property is not excessive in relation to the advantage gained by an attack on a legitimate target
Codified Laws of War
- Started with the Lieber Code in 1863
- Laws of War for Union Troops
- First law that forbade killing POWs
- No use of poisons
- No torture to extract confessions
- Rights of POWs
- Allowed some things now illegal
- Shooting spies and guerillas
- Reprisal for enemy breaking the laws of war by shooting POWs
- Served as the basis for the Hague Conventions of 1899 and 1907
- Geneva Conventions
- First Geneva - 1864
- Treatment of Wounded and Sick in the Field
- Second Geneva - 1906
- Treatment of Wounded, Sick, and Shipwrecked at Sea
- Third Geneva - 1929
- Treatment of Prisoners of War
- Fourth Geneva - 1949
- Treatment and Protection of Civilians
- Hague Convention of 1907
- Governs declaring war, laws of land warfare, neutrality, discharging projectiles from balloons, etc.
Chivalry
- Originally a military code
- Had nothing to do with holding doors for people
- Not always followed
- Applied, in theory, to knights
- Important because it fed into and was replaced by the culture of gentlemen
- Influenced military through the Napoleonic Wars in Europe and the US Civil War, esp. in the South
St. Thomas Aquinas
- Outlines the requirements for a just war in his Summa Theologiae
- Sovereign authority
- Individuals can't declare war, that's what courts are for
- Just cause
- Make amends for wrongs afflicted
- Restore what was seized unjustly
- Right intention
- Peace as the end
- Vengeance and power not condoned
- Preists and Clerics aren't allowed to fight
- Noncombatants
St. Augustine of Hippo
- First to conceptualize "just war"
- "A good ruler will wage wars only if they are just"
- Though just, still undesirable. If there were no such thing as just war, man would be under compulsion not to wage war at all
- "Justified only by the injustice of an aggressor"
Antiquity
Different views:
Plato's Republic:
"Justice is the intrest (in the advantage) of the stronger."
-Thrasymachus
Cicero's De Officiis:
*War only when diplomacy fails
*Protection of those who surrender
*Man who is not legally a soldier has no right to fight the enemy
Ethics in Warfare
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