Moral Equality Of Combatants
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Moral Equality Of Combatants
The moral equality of combatants (MEC) or moral equality of soldiers is the principle that soldiers fighting on both sides of a war are equally honorable, unless they commit war crimes, regardless of whether they fight for a just cause. MEC is a key element underpinning international humanitarian law (IHL)—which applies the rules of war equally to both sides—and traditional just war theory. According to philosopher Henrik Syse, MEC presents a serious quandary because "it makes as little practical sense to ascribe blame to individual soldiers for the cause of the war in which they fight as it makes theoretical sense to hold the fighters on the two sides to be fully morally equal". The moral equality of combatants has been cited in relation to the Israeli–Palestinian conflict or the U.S.-led Iraq War, wars in Iraq and War in Afghanistan (2001–2021), Afghanistan. Traditional view MEC as a formal doctrine was articulated in ''Just and Unjust Wars'' (1977) by Michael Walzer, alt ...
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Jus Ad Bellum
' ( or in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted ''before'' engaging in war in order to determine whether entering into war is permissible, that is, whether it will be a just war. This is distinct from the set of rules that ought to be followed ''during'' a war, known as ''jus in bello''. Definition ' is sometimes considered a part of the laws of war, but the term "laws of war" can also be considered to refer to ''jus in bello'', which concerns whether a war is conducted justly (regardless of whether the initiation of hostilities was just). "''Jus ad bellum'' refers to the conditions under which States may resort to war or to the use of armed force in general." These rules focus on certain criteria for what makes a war just. Article 51 of the UN Charter clarifies: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs agai ...
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The International Encyclopedia Of Ethics
''The International Encyclopedia of Ethics'' is an 11-volume encyclopedia of ethics edited by Hugh LaFollette. The encyclopedia was given Honorable Mention in competition for the Best Reference Work of 2013 by the Research User Services Association. Reception The book has been reviewed by John Martin Fischer, Jennifer A. Herdt, Peter Singer Peter Albert David Singer (born 6 July 1946) is an Australian moral philosopher, currently the Ira W. DeCamp Professor of Bioethics at Princeton University. He specialises in applied ethics and approaches ethical issues from a secular, ... and Larry S. Temkin. References External links The International Encyclopedia of Ethics Ethics books 2013 non-fiction books 2018 non-fiction books Wiley (publisher) books Online encyclopedias English-language encyclopedias Encyclopedias of philosophy {{ethics-book-stub ...
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Tom Dannenbaum
Tom Dannenbaum is an American associate professor of International Law at the Fletcher School of Law & Diplomacy The Fletcher School of Law and Diplomacy is the graduate school of international affairs of Tufts University, in Medford, Massachusetts. Fletcher is one of America's oldest graduate schools of international relations and is well-ranked in its m ... in Medford, Massachusetts, US. Works * * References External links * {{DEFAULTSORT:Dannenbaum, Tom Tufts University faculty International law scholars Living people American legal scholars ...
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Revisionist Just War Theory
Revisionist just war theory is a development of just war theory that, unlike traditional just war theory, seeks to integrate ''jus ad bellum'' and ''jus in bello'', therefore rejecting many traditional beliefs such as moral equality of combatants. Opposing traditionalists such as Michael Walzer, revisionists include Jeff McMahan, Cécile Fabre, Bradley J. Strawser, and David Rodin David Emanuel Rodin (born 28 June 1970) is a New Zealand philosopher and senior research fellow at the University of Oxford. He is also a senior fellow at the Carnegie Council for Ethics in International Affairs. Rodin is the founder and chair o .... References Further reading *{{cite book , last1=Strawser , first1=Bradley Jay , title=The Bounds of Defense: Killing, Moral Responsibility, and War , date=2023 , publisher=Oxford University Press , isbn=978-0-19-069251-3 , language=en Just war theory 20th century in philosophy 21st century in philosophy ...
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Selective Conscientious Objection
Selective conscientious objection is the practice of refusing some, but not all, military service. It is much more controversial than blanket conscientious objection based on consistent pacifism. Views on selective conscientious objection range from being morally impermissible, morally permissible, a right that may be exercised, or morally obligatory in the case of military personnel asked to fight an illegal war of aggression. Arguments for and against The traditional view is that soldiers are obligated to obey superior orders to participate in a war, even when this is against their conscience. The moral culpability for fighting an unjust war, in this view, is visited entirely on the leaders and not on ordinary soldiers who are entirely innocent (see moral equality of combatants). Arguments for this view include those based on social contract theory which posit that citizens should obey their state's decision to go to war, the argument that individual soldiers are ill-placed ...
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War Of Aggression
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation. Wars without international legality (i.e. not out of self-defense nor sanctioned by the United Nations Security Council) can be considered wars of aggression; however, this alone usually does not constitute the definition of a war of aggression; certain wars may be unlawful but not aggressive (a war to settle a boundary dispute where the initiator has a reasonable claim, and limited aims, is one example). In the judgment of the International Military Tribunal at Nuremberg, which followed World War II, "War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within its ...
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Jeff McMahan (philosopher)
Jefferson Allen McMahan (; born August 30, 1954) is an American moral philosopher. He has been White's Professor of Moral Philosophy at the University of Oxford since 2014. Education and career McMahan completed a B.A. degree in English literature at the University of the South (Sewanee). He completed a second B.A. in Philosophy, Politics, and Economics, then did graduate work in philosophy at Corpus Christi College, Oxford as a Rhodes Scholar. He then earned his M.A. at the University of Oxford. He was offered a research studentship at St. John's College, Cambridge from 1979 to 1983. He studied first under Jonathan Glover and Derek Parfit at the University of Oxford and was later supervised by Bernard Williams at the University of Cambridge, where he was a research fellow of St. John's College from 1983 to 1986. He received his doctorate in 1986 from Cambridge. His thesis title was ''Problems of Population Theory''. He taught at the University of Illinois, Urbana-Champaign ...
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Hersch Lauterpacht
Sir Hersch Lauterpacht (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice. Biography Hersh Lauterpacht was born on 16 August 1897 to a Jewish family in the small town of Żółkiew, in the Austro-Hungarian Empire (now Ukraine), near Lemberg, the capital of East Galicia. In 1911 his family moved to Lemberg. In 1915 he enrolled in the law school of the University of Lemberg; it is not clear whether he graduated. Lauterpacht himself later wrote that he had not been able to take the final examinations "because the university has been closed to Jews in Eastern Galicia". He then moved to Vienna, and then London, where he became an international lawyer. He obtained a PhD degree from the London School of Economics in 1925, writing his dissertation on ''"Private law analogies in international law"'', which was published in 1927. By 1937 he had written several books on international law. He ass ...
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Jus In Bello
The law of war is the component of international law that regulates the conditions for initiating war ('' jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code ...
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Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known within the tradition as the , the , and the . The name ''Aquinas'' identifies his ancestral origins in the county of Aquino in present-day Lazio, Italy. Among other things, he was a prominent proponent of natural theology and the father of a school of thought (encompassing both theology and philosophy) known as Thomism. He argued that God is the source of both the light of natural reason and the light of faith. He has been described as "the most influential thinker of the medieval period" and "the greatest of the medieval philosopher-theologians". His influence on Western thought is considerable, and much of modern philosophy is derived from his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theo ...
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