Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.

"The goal of military medicine is to conserve the fighting force necessary to prosecute just wars. Just wars are defensive or humanitarian. A defensive war protects one's people or nation. A humanitarian war rescues a foreign, persecuted people or nation from grave human rights abuse. To provide medical care during armed conflict, military medical ethics supplements civilian medical ethics with two principles: military-medical necessity and broad beneficence. Military-medical necessity designates the medical means required to pursue national self-defense or humanitarian intervention. While clinical-medical necessity directs care to satisfy urgent medical needs, military-medical necessity utilizes medical care to satisfy the just aims of war. Military medicine may therefore attend the lightly wounded before the critically wounded or use medical care to win hearts and minds. The underlying principle is broad, not narrow, beneficence. The latter addresses private interests, while broad beneficence responds to the collective welfare of the political community"--

This book challenges the World Medical Association’s (WMA) International Code of Ethics statement in 2004, which declared that ‘medical ethics in armed conflict is identical to medical ethics in times of peace’. This is achieved by examining the professional, ethical, and legal conflicts in British Military healthcare practice that occur in three distinct military environments. These are (i) the battlefield, (ii) the operational environment and (iii) the non-operational environment. As this conflict is exacerbated by the need to achieve Operational Effectiveness, this book also explores the dual loyalty conflict that Military Health Care Professionals (MHCPs) encounter between following military orders and professional codes of practice. The method used to challenge the WMA’s statement and explore these conflicts is the use of real-life problem-solving vignettes, which mirror actual ethical and professional conflicts and dilemmas that may occur in the three environments. The areas of law analysed similarly reflect the difficulties that MHCPs face when caring for the sick and wounded in violent locations when under attack. In particular, the book questions whether it is right for a MHCP to owe their patients a duty of care in hostile environments. This leads on to questioning if any MHCP could be protected by combat immunity where no duty of care is owed to fellow soldiers in the battlefield. The book also questions whether the standard of care should be variable in hostile environments. It also explores the dual loyalty conflict of a wounded senior officer refusing treatment from a junior officer. In addition, it examines the difficulties of a doctor maintaining patient confidentiality when a soldier refuses treatment for a psychological injury but wishes to redeploy to the battlefield. The book successfully challenges the WMA’s statement. It also concludes by suggesting that neither a military-focused approach nor a professional healthcare-focused approach towards military healthcare is the best way to solve the dual loyalty conflict.

This book explores topical issues in military ethics by according peace a central role within an interdisciplinary framework. Whilst war and peace have traditionally been viewed through the lens of philosophical enquiry, political issues and theological ideas - as well as common sense - have also influenced people’s understanding of armed conflicts with regards to both the moral issues they raise and the policies and actions they require. Comprised of fourteen essays on the role and application of peace, the book places emphasis on it’s philosophical, moral, theological, technological, and practical implications. Starting with an overview of Kantian perspectives on peace, it moves to discussions of the Just War debates, religious conceptualizations of peace, and the role of peace in modern war technology and cyber-security. Finally concluding with discussions of the psychological and medical impacts of war and peace on both the individual and the larger society, this collection offers a contribution to the field and will be of interest to a wide audience. Chapters 4, 6 and 10 of this book are available open access under a CC BY 4.0 license at link.springer.com.

Although working on the sidelines of armed conflicts, physicians are often at the centre of attention. First Do No harm: Medical Ethics in International Humanitarian Law was born from the occasionally controversial role of physicians in recent armed conflicts and the legal and ethical rules that frame their actions. While international humanitarian, human rights and criminal law provide a framework of rights and obligations that bind physicians in armed conflicts, the reference to ‘medical ethics’ in the laws of armed conflict adds an extra-legal layer. In analysing both the legal and the ethical framework for physicians in armed conflict, the book is invaluable to practitioners and legal scholars alike.

This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril’s work special, was her strong commitment with the human aspects throughout. Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril’s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

This book explores the ethical implications of using armed contractors, taking a consequentialist approach to this multidisciplinary debate. While privatization is not a new concept for the US military, the public debate on military privatization is limited to legal, financial, and pragmatic concerns. A critical assessment of the ethical dimensions of military privatization in general is missing. More specifically, in light of the increased reliance upon armed contractors, it must be asked whether it is morally permissible for governments to employ them at all. To this end, this book explores four areas that highlight the ethical implications of using armed contractors: how armed contractors are distinct from soldiers and mercenaries; the commodification of force; the belligerent equality of combatants; and the impact of armed contractors on the professional military. While some take an absolutist position, wanting to bar the use of private military altogether, this book reveals how these absolutist arguments are problematic and highlights that there are circumstances where turning to private force may be the only option. Recognising that outsourcing force will continue, this book thus proposes some changes to account for the problems of commodification, belligerent equality, and the challenge to the military profession. This book will be of interest to students of private security, military studies, ethics, security studies, and IR in general.

An analysis of medical ethics during war and the inherent conflict between the principles of bioethics and the morally legitimate but competing demands of military necessity.

As asymmetric ’wars among the people’ replace state-on-state wars in modern armed conflict, the growing role of military medicine and medical technology in contemporary war fighting has brought an urgent need to critically reassess the theory and practice of military medical ethics. Military Medical Ethics for the 21st Century is the first full length, broad-based treatment of this important subject. Written by an international team of practitioners and academics, this book provides interdisciplinary insights into the major issues facing military-medical decision makers and critically examines the tensions and dilemmas inherent in the military and medical professions. In this book the authors explore the practice of battlefield bioethics, medical neutrality and treatment of the wounded, enhancement technologies for war fighters, the potential risks of dual-use biotechnologies, patient rights for active duty personnel, military medical research and military medical ethics education in the 21st Century.

This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.