Chapter

Proportionate Killing

Jovana Davidovic

in Weighing Lives in War

Published in print August 2017 | ISBN: 9780198796176
Published online September 2017 | e-ISBN: 9780191837272 | DOI: https://dx.doi.org/10.1093/oso/9780198796176.003.0007
Proportionate Killing

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This chapter attempts to explain how liability and lesser-evil justifications can work together, in an individualist account of just war, to answer some difficult questions about fighting in war. It starts with a brief survey of other individualist attempts to make sense of jus in bello in general and proportionality in bello in particular. It argues that the traditional jus in bello conditions and the separation of labor between them can be helpful, as a model, for understanding exactly how liability and lesser-evil justifications are meant to work together to account for some of our intuitions regarding the more difficult cases of collective action and limited or minimal moral responsibility in war. One upshot of this account is that it gives us reasons to reject the view that a complex picture of justification for actions in war needs to commit us to pacifism.

Keywords: proportionality in bello; just war theory; liability justification; lesser-evil justification; jus in bello

Chapter.  10493 words. 

Subjects: Human Rights and Immigration ; Public International Law

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