Module 4: Jus In Bello; discrimination, DDE, proportionality

Discrimination

-Distinguishes legitimate from illegitimate targets -Considers not only people but also buildings, infrastructures, and the natural world -Makes the difference between a lawful combatant and a terrorist or war criminal

Proporitonality

-Don't bring out big guns to swat out a fly -do the means justify the ends? -Hard to predict -Comparing lives: is it worth it?

Immune Target examples

-Food Suppliers -Hospitols -Children (not child soldiers) -Schools -Soldiers in act of surrendering -Disarmed prisoners -Pilots parachuting out of destroyed air crafts -Medical Personnel

Other In Bello Rules

-Forbidden weapons: may be considered indiscriminate; antipersonnel land mines, or disproportionate; permanently blinding laser weapons -No means Mala In Se; such as ethnic cleansing, mass rape, genocide, treachery -Benevolent quarantine of prisoners -No reprisals

Noncombatant immunity is not absolute

-Immunity from direct attack does not mean immunity from harm -harm is result from direct attack -Can be lost if noncombatant actively engages in combatant activity

Noncombatant Immunity

-Most widely recognized aspect of discrimination -often found in international law of armed conflict -Regarding human targets, stays only enemy combatants may be directly attacked

2 things minimally just state must protect as foundation of all other human rights

-Territorial Integrity -Political Sovereignty

DDE Military Cases

-WWII Brit double agents feeding Germans false info to divert V-1 rockets from central London to reduce casualties -Dropping the bomb to hasten the end of WWII -Strategic bombing

Legitimate Target examples

-Weapon Suppliers -Military Base -Weapons, Amo factories -Armed fighting civilians

Basis of Discrimination

-a legit target in wartime is anyone or anything engaged in harming -uniform or not -not mean have to wait to be attacked -Anyone or anything intrinsically connect to the enemies overall attempt to harm

Collateral Damage

-acceptable in an attack as long as certain conditions are met

Law of Armed Conflict

-allows attacks at any time on any and all uniformed members of the enemy military -medical and religious personnel have protected status under Geneva Conventions as long as not engaging directly in combat -Civilians whose work is intimately connected to war effort can be attacked on the job -Direct Targeting

Civilians:

-have a right to "due care to minimize harm -Have no absolute right not to be harmed

Minimally just state

-recognized as legitimate -respects sovereignty of other minimally just states -makes every effort to realize the human rights of its population

Two main Jus in Bello principles

1. Discrimination 2. Proportionality -both try to limit destruction of war

Walzer's Revisions:

1. Lack of intention to harm civilians is not enough 2. Need an intention to avoid harming civilians (no double effect: now have 2 effects each with its own intention) 3. Need to be willing to take on some rip to soldiers in order to spare civilians

DDE 4 part test

1. The action must be morally good or at least morally indifferent 2. The agents intention must be to bring about the good effect but not the bad one -if can achieve good without bad, must be done 3. The good effect must be produced by the action itself, not the bad effect (you can't use bad means to achieve your good end) 4. Proportionality: the good must be great enough to compensate for the bad

DDE

Doctrine of Double Effect -A way to judge the permissibility of acts that have harmful side-effects -In military ethics, has been used to think about collateral damage