[DOWNLOAD] "Killing Naked Soldiers: Distinguishing Between Combatants and Noncombatants." by Ethics & International Affairs # eBook PDF Kindle ePub Free

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eBook details

• Title: Killing Naked Soldiers: Distinguishing Between Combatants and Noncombatants.
• Author : Ethics & International Affairs
• Release Date : January 01, 2005
• Genre: Politics & Current Events,Books,
• Pages : * pages
• Size : 290 KB

Description

In 1625 Hugo Grotius argued, "War must be carried on with not less scrupulousness than judicial processes are wont to be." (1) Grotius's views form the basis for both modern just war theory and contemporary international legal theory. In this essay I will discuss one principle that has been a cornerstone of both of these theories, the principle of discrimination of distinction--namely, that war tactics must not be employed that fail to distinguish the group of combatants from that of noncombatants, refraining from attacking noncombatants but justifiably attacking combatants. I will offer various reasons to reject the traditional principle of discrimination, on both conceptual and moral grounds. At the end of the essay I will offer an amended principle. It is my contention that if we follow Grotius's injunction that this principle be followed with minute scrupulousness, fewer military tactics will be justified than is normally thought. Just war theorists contend that tactics 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." (2) 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. (3) The categories of "soldier" of "civilian" "combatant" or "noncombatant," are thought to be stable. Yet there are serious conceptual and normative problems with identifying such social groups. In this essay, I argue that, because of these problems, the traditional principle of discrimination offers no clear guidance because it 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.

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