eTHICS OF JUST WAR

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Expanding the history of the just war : the ethics of war in ancient Egypt

Expanding the history of the just war : the ethics of war in ancient Egypt

The enslavement of prisoners of war has largely been eliminated from the practice of modern warfare. Nonetheless, the current refusal to grant juridical status to non- state enemy combatants is perhaps not as far removed from Egyptian practice as one might wish. The abuse of detainees at Guantánamo Bay or Abu Ghraib prison, and the various torture techniques employed against them, evinces a degradation of human rights based on a refusal to grant juridical status to captured enemies. 66 Yoo and Ho (2003, 209-22) argue that interstate terrorism should be classified as proper war under international law, yet insist that terrorists remain illegal combatants and thus enjoy none of the protections provided under the Geneva Conventions. 67 Arguably, prisoners who are stripped of juridical status are also dispossessed of part of their individual human identity. It is hardly surprising that such prisoners should also experience a degradation of their humanity. This dehumanizing effect is recognized by the title and content of the United Nations’ Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN 1984).

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The ethics of war up to Thomas Aquinas

The ethics of war up to Thomas Aquinas

in defeat. 51 However, the accusation that Augustine disregarded ius in bello norms ignores the role he believed that correct intention should play in determining the actions of the just warrior. Soldiers fighting with correct intention would fulfil their duty and kill the enemy if necessary, but they would also exercise proportionality and mercy: “The desire to do harm, the cruelty of vengeance, an unpeacable and implacable spirit, the fever of rebellion, the lust to dominate, and similar things: these are rightly condemned in war.” 52 While Augustine made no guarantees that innocents would not perish in war, he certainly considered cruelty in war as a display of condemnable malitia (wickedness) rather than legitimate militia (military service). 53 It was deeply ingrained within Augustine’s entire concept of justifiable warfare that soldiers would fight according to moral norms. To do otherwise was to contradict the very notion of a just belligerent engaged in a just war. Therefore to argue that Augustine’s thought on war ignores ius in bello principles is to miss the point of his vision of a Christian soldier “fighting peacefully” at the command of the public authority and in defence of justice. Furthermore, Augustine was primarily interested in spiritual salvation, and saw corporeal death as a lesser evil than spiritual damnation. Thus he too denied the right of self-defence to private Christians: “As to killing others in order to defend one's own life, I do not approve of this, unless one happen to be a soldier or public functionary”. 54 Augustine’s acceptance that innocents will die on both sides during war is comprehensible from an eschatological perspective, but it does not follow that he believed soldiers were free to act without restraint or that all moral norms ceased to apply during war.

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I. ARGUMENTS IN FAVOUR OF TERRORISM A. TERRORISM IS A JUST WAR

I. ARGUMENTS IN FAVOUR OF TERRORISM A. TERRORISM IS A JUST WAR

Andrew Valls in his article „Can Terrorism Be Justified‟? in the book Ethics In International Affairs, has tried to justify terrorism based on the unit of ethical measurement of the just war criteria, i.e. Jus ad Bellum and Jus In Bello – as they are capable of deciding whether the violent deeds by such non state actors can be put within a particular frame of justice or not. He says that terrorism would be justified if the non-state actors fight for self-determination and nationalism to provide freedom to the citizens, if it is brought about by some legitimate authority who really think of the wellbeing of the citizens, and have the right intention to bring them out from the shackles of injustice and exploitations (instead of having selfish interests in fighting the war). It can be justified if terrorism adopted by them acts as a last resort, to make the government hear them. Again if the notion of proportionality is maintained both in the sense of balancing the means and ends, and also in the implementation of terror tactics where too many innocents should not be killed. Finally Valls says that, such a terrorism would be justified where the rate of success is high and a strict discrimination is maintained between the legitimate and illegitimate targets of attack.

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12-15-2010 12:00 AM The Ethics of Humanitarian Intervention

12-15-2010 12:00 AM The Ethics of Humanitarian Intervention

I admit that absolutism with respect to civilian immunity is untenable for just war theorists. There could be reasonably possible cases where just combatants would be hard-pressed to argue that their killing of non-combatants was a wholly accidental side- effect and still, the killing might be justified. I also admit that one can construct an entirely hypothetical thought experiment where targeting civilians with non-lethal weapons in order to spare them near-certain death by lethal weapons could be justified. Such a thought experiment would, however, probably be very different from the kinds of cases that just combatants are likely to face in actual wars with the technology currently available. If the non-lethal weapons were truly benign, if the unjust combatants were easily identifiable and couldn’t possibly be pursued by other means, if the good at stake in this particular battle was overwhelmingly weighty and the harm imminent, then Gross’s proposal would be less troubling. As it is, however, such circumstances are extraordinarily unlikely to obtain. Even though moral theorizing about war involves a

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“Contravening the glory of war” War and Women

“Contravening the glory of war” War and Women

solution of any problem but it cannot be effective in the long- run. The play ultimately comes to the impact of war on women in particular and the society and humanity in general. Human relationship is the first thing which gets befuddled by wars and risings. Love is its prime prey, and women and children, the love incarnate are its victims. The significant women characters such as Nora, Bessie and Mrs Gogan; their importance is due to their dislike for war. The female consciousness is more interested in productivity and continuity than in killings and revolution. The idea of moving on is very close to the heart of woman. She has deep faith in marital and familial life which is crumbled by socio political and eco political divisions, mishaps and wars. It is woman’s ingenuity in compelling and restoring what history tears apart... They, unswervingly or circuitously, refute the claims and beliefs of men. The actions of Men bring in violence and instability whereas women work for non-violence and stability, for culture and spirit. Women are the inconspicuous energy of the society. Men systematically destroy this basic, elemental energy and try to invent an illusionary world of energy of their own in their war machine. This war machine forcibly weans away men from their women and thereby destroys its own inventor. Woman intuitively knows this basic truth of life. Man feels it and wants to lose himself in sharing this creative energy with his woman but his cerebral part or element is so strong that it arouses his ego to go apart in order to enjoy his own creation – the illusionary world of destructive energy of war machine and get destroyed. Mrs. Gogan understands that the world of man is the world of death (The Plough 141). The dialogue between Fluther and Mrs. Gogan is symbolic. Fluther feels “It’s only a little cold I have” (The Plough 141). He does not feel that something is seriously wrong with him; man underplays the reality of his world of death. So arrogant is he of his man’s power. Only a woman understands where the reality lies. She makes man aware of the danger staring in his face but he will not take care of it as Fluther states saying: “A man in th’ pink o’ health should have a holy horror of allowin’ thoughts o’ death to be festerin’ in his mind” (The Plough 141). The man might be faint and coughing but he cannot think of death – he must keep it at afar distance from himself. This is his ego speaking. The reality bursts out from the mouth of the woman who knows that the world of man is the world of death.

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From pacifism to just war theory : the development of Christian attitudes to war and military service from the late first century to the early fifth century

From pacifism to just war theory : the development of Christian attitudes to war and military service from the late first century to the early fifth century

Elizabeth Livingstone says that legend has added much to the actual historical account of Constantine‘s life. For example, scholars and historians differ widely on the genuineness and legitimacy of what some term Constantine‘s ―conversion‖ to the Christian faith. On the factual side, he had a clear commitment to Christianity that can be seen in his policies and legislation, but he was only baptized just before death. 15 Gonzalez says that Constantine reserved the right to determine his own religious practices, and though he was probably a sincere believer in the power of Christ, he only laid claim to that power by serving the cause of Christians. Moreover, Gonzalez argues that Constantine did not submit himself to the leadership of a Christian bishop, and his ―meager understanding‖ of the Christian message did not prevent him from serving or paying homage to other gods. 16 Odahl gives the other perspective: ―At this moment, Constantine converted to the Christian God…it was not a momentary act of pure political expediency,‖ but a ―revelatory experience‖ that ―altered his beliefs‖ and resulted in a ―changed religious

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More than just friends? Facebook, disclosive ethics and the morality of technology

More than just friends? Facebook, disclosive ethics and the morality of technology

Directly or indirectly, this work raises ethical questions. For example, researchers who consider the role of designers in shaping networking spaces invariably examine issues of commodification and/or the exploitation of users and user generated content (Fernback and Papacharissi 2007; Griffiths and Light 2008; Light et al. 2008; Magnet 2007; Petersen 2008; Röhle 2007). In this work, ethics and design are generally related in a consequentialist argument which holds that what makes an action (design) right or wrong is its ultimate consequences. From this perspective, the emphasis in technology design should be on achieving the greatest good for the greatest number, and developers of social networking sites are seen to have ethical responsibilities for ensuring that their designs are oriented towards achieving the desired goal. The developers, on the other hand, appear to hold a user oriented view – they make social networking sites for people to play with. Although they choose, or are compelled, to regulate particular aspects of interaction through privacy and acceptable use policies, such approaches are targeted at the members of sites in terms of what they can and cannot do, what might be done with their data and by whom. In this case, the ethical focus switches to what people should do and expect in terms of their moral obligations and rights. Such utilitarian views of morality attribute agency to humans (in this case, the designers and users), while information technology is seen as an object in their hands which may be fashioned in ways that are morally acceptable or not. Overall, technology is seen as a neutral actor and hence questions about the morality of technology do not arise.

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“The way the country has been carved up by researchers”: ethics and power in north–south public health research

“The way the country has been carved up by researchers”: ethics and power in north–south public health research

This concept of situated ethics has potential relevance and application to southern Africa, for example in un- derstanding power differentials in research relationships between southern Africa and HIC. A recognition of the different elements of power by northern and southern researchers could pave the way for more equitable part- nerships. This can be achieved through recognising the importance of considering as ethical issues, not just trad- itional notions of research ethics, but also a situated re- search ethics, as described in this paper. Considering only one of the partnerships in this study had developed re- search ethics guidelines relating to the partnerships them- selves, it is recommended that research partnerships incorporate a situated ethics approach by developing ethical guidelines relating to health research partnership governance and for operationalising these, or; contextually adapting and utilising existing health research partnership guidelines such as the Swiss Commission KFPE Guide for Transboundary Research Partnerships (2012) [4]

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‘Is there a right time for gender just peace? Feminist anti war organising revisited’

‘Is there a right time for gender just peace? Feminist anti war organising revisited’

transitional justice path taken as appropriate and effective in the local context. In the wars of Yugoslav succession the victimization was widespread, it affected the majority of population, it was brutal, multiple, with serious and long-term consequences (Ristanovic 2000). Ristanovic points out that besides immediate, primary victimization, many people are also subjected to the secondary victimization, e.g. as refugees, when they seek political asylum or humanitarian aid, when they testify in front of court. Raped women were additionally victimized due to the abandonment by their families, re-examination about the rape, inappropriate identity protection, when their experience of victimization was exploited by media or when they testify in front of court (2000, 12). Not surprisingly, feminist peace activism has centred on analyses of the courtroom experiences of victimised women. They argued that the masculinised, gendered meta-narrative of war that dominates the official space of the courtroom mutes women’s experiences and agency and transforms them into women-as-victim narratives (Ross 2001). In so doing, they further processes of victimisation of women.

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A (UN)JUST AND (UN)HOLY WAR? THE THEME OF IMAGERY AND SYMBOLISM IN THE IPOB SECESSIONIST STRUGGLE

A (UN)JUST AND (UN)HOLY WAR? THE THEME OF IMAGERY AND SYMBOLISM IN THE IPOB SECESSIONIST STRUGGLE

More so, it was, on the founding day agreed that “no animal shall drink alcohol. Even as the descendants of Napoleon and the dogs claim not to drink alcohol and indeed forbid it in some parts of the animal farm, they quite accept the tax and revenue generated from it. As long as the appellation is not alcohol, any other thing that induces tipsiness is “legally” utilized by the descendants of “pigs”. While the “dogs” are mobilized to ensure that the descendants of Snowball do not smuggle in other forms of alcohol [contrabands], the descendants of Napoleon are free to bring in everything including their kith and kin from the neighbouring farms. It was also stated in the original law that “no animal shall kill any other animal”. This law was in full force especially as the offspring of Snowball masterminded the attack against the Napoleons in January, 1966. However, from July, 1966, the law was surreptitiously modified to accommodate the just case theory. Henceforth, the descendants of Snowball would fall easy preys to that of the Napoleons for “they started it”. In fact having the “pig” DNA is enough justification to kill antagonizing elements in the animal farm. A typical instance here is the “pig” herdsmen marauding the quarters of other animals, killing and raping them. The façade of a justification is always that they were provoked by the aboriginal animals. With the “dogs” and laws made to protect them by Napoleon II, they are always covered unlike the other from the Snowball‟s. The last commandment declares that “all animals are equal”. How can all the animals be equal with the ever conscious and threatening eyes of the “dogs”? Hence, another phrase was introduced “all animals are equal but some are more equal than others” – one of the major reasons why the Snowballs could not smell power since its leader was ostracized in 1970. The enmity between the descendants of Napoleon and those of Snowball will never allow for reconciliation. Since they have modified the law to their favour, control the “dogs” and have the capacity to further amend the law against any hurdle, the Napoleon and their descendants are always right. They would sardonically point at the law even if it obviously favours only one group of animals. The descendants of Snowball (IPOB) led by Snowball IV [Nnamdi Kanu] wants it out of the farm. They have labeled every other creature in the farm as “animals” and the farm a zoo. They want it out of the oppressive, repressive, unjust and barbaric domination and frustration of it by the descendants of Napoleon and their accomplices. With existing laws and power over it modification and arms, the Napoleons insist that the unity of the animals is “not negotiable” – the farm must be one and must remain so.

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General Mobilization as Foundation of Japan’s War Machine in Pacific War

General Mobilization as Foundation of Japan’s War Machine in Pacific War

After Meiji Restoration (1868), Japan continued to catch up Western modernization, especially in field of industrial and military economics. There were various events of global economic crisis, military expansion, and social instability between 1920s and mid-1945s. These events changed Japanese political system toward fascism. The government of civilian political parties began to be undermined by military groups and various economic units with great potential to support Japan in the war. The war machines in this study referred to all economic potentials, industries and civilians utilized to meet Japan’s needs in the Pacific War. In the history of the Japan’s economy, based on various literatures, World War I has spawned economic miracle in Japan. The economic and industrial sectors in Japan’s colonies were linked to the miracle of economic growth in the 1930s. During

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Towards a feminist ethics of war: rethinking moral
justifications for contemporary warfare

Towards a feminist ethics of war: rethinking moral justifications for contemporary warfare

Like Coker, Peter Singer (2009) is concerned about the advent of sophisticated technologies in the battlespace. He suggests that as technology continues to make its way into all facets of military life, the experiences of war and experiences of being a warrior will be dramatically changed. This, he argues, will lead to an era where wars are easier to start, soldiers are more willing to kill without the traditional moral and ethical constraints they were faced with previously, and the ‘warrior ethos’ will deteriorate without the networks of loyalty and honour inherent in the traditional waging of battle. Moreover, the violence of war will be increasingly available at our fingertips through the use of unmanned drone video to be downloaded for entertainment. This blurring of lines between the battlespace and private life through video technology asks us to think carefully about how the delineated spaces of war may grow larger and increasingly all-encompassing in an era of technologized war. In bringing the conflict out of the realm of combatants and into the screens of our homes, technology can be seen as a significant factor affecting the militarization of human life in twenty-first century war. Singer’s concerns regarding the proliferation and use of unmanned weapons technologies do not stop at the doorstep of the home; rather, he also interrogates in Wired for War the ways in which foreign governments are attempting to gain knockoffs or develop their own technologies to simulate those held by the United States. For Singer, this is a central concern – his analysis demonstrates a new kind of technology arms race whereby both states and non-state actors such as Hezbollah are attempting to emulate the technological advancements seen in the American military. Unlike Coker, Singer is not engaging in historical comparison to make his claims about the nature of technology in war; rather, he is looking ahead to an era in which wars will be fought more frequently, with less psychological barriers amongst soldiers, who must sit in cubicles or behind screens without a traditional support system of loyalty and honour to rely on.

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The Roots, Practices and Consequences of Terrorism: A Literature Review of Research in the Arts & Humanities, Final Report (for the Home Office)

The Roots, Practices and Consequences of Terrorism: A Literature Review of Research in the Arts & Humanities

Much of the wider discussion of religion and violence focuses on so-called “Islamic fundamentalism” or “Islam(ism)”. Users should always be cautious of presentations of Islam (or any other lived tradition), Islamism or Islamic fundamentalism as uniform, univocal or monolithic. Such caution necessitates bypassing many of the more popular books dealing with Islam. Even more scholarly accounts, including Huntington’s (2002) The Clash of Civilisations and Lewis, B. (2003) The Crisis of Islam: Holy War and Unholy Terror, lack important nuance. 25 By contrast, excellent initial orientations may be found in Rippin, 2005, Muslims: Their Religious Beliefs And Practices, while more specialised accounts of “Islamic fundamentalism”/“Islamism” are provided by a number of mainly French scholars: Kepel (1994) The Revenge of God and (2002) Jihad: The Trail of Political Islam; Roy (1994) The Failure of Political Islam and (2004) Globalised Islam: The Search for a New Ummah; Burgat (2003) Face To Face with Political Islam; Esposito (2002) Unholy War: Terror in the Name Of Islam.

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Legal Ethics is (Just) Normal

Legal Ethics is (Just) Normal

How does legal practice fare in light of this rule? The short answer is that it is not applicable. Legal practice is an onerous profession, and arguably the most personally difficult profession. This is due to its inherently combative and uncertain nature. The only way in which a client can assert his or her legal entitlements is at the expense of another party - be it another individual, company or the State. The other party is normally equally motivated not to lose. They too (often) have a lawyer. That lawyer is normally just as intelligent, diligent and resourceful. In no other profession do people get ahead by trouncing others - this adds significantly to the difficulty of the task. This is exacerbated by the fact that the interaction between the parties takes place in a setting where the law is typically grey (due to the dynamic and - increasingly - voluminous nature of the law); the facts hardly ever certain rules. Overriding this is a duty to the court. Thus, it is rarely the case that providing legal assistance provides little inconvenience to the lawyer. It follows that there is no moral foundation for the claim that lawyers should work for free.

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Is Just War Theory Obsolete?

Is Just War Theory Obsolete?

Now, if the attacking group wants to extend the exceptions so that anybody can be attacked, it must seek additional justification. It is as if that group is starting a new war. If that is a good way of putting it, then the group that wants to attack non-combatants (i.e., the people at large, innocents, etc.) needs to repeat the jus ad bellum portion of just war theory to justify its actions. Is there just cause for an attack on non-combatants? Has the group reached last resort after it is worked its way through the other resorts available to it? Can the proportionality principle be satisfied? Are the group‘s intentions proper? And so on. The goal here in appealing to the jus ad bellum principles need not be to meet each and every principle before one can say that non-combatants have been attacked justly. Rather, it is to challenge those who would attack non-combatants to justify their attack as much as it is possible to do so.

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Was Iraq War a “Just War” or Just a War? An Analysis from the Perspectives of Just War Theory

Was Iraq War a “Just War” or Just a War? An Analysis from the Perspectives of Just War Theory

The US invaded Iraq in 2003 as the former claimed that the latter possess Weapons of Mass Destruction (WMDs) and liberalizes Iraqis from the tyranny regime of Saddam Hussein (Mockaitis, 2012). Since then, controversy appears within academia on whether Iraq War in 2003 should be regarded as “A Just War” or “Just a War” (Lecamwasam, 2013). Some scholars embraced the idea of “Pacifism” and argued Iraq war or regardless any kind of warfare is characteris- tically unjust as monstrous killing is erroneous (Rae, 2009; Cady, 2010; Burkholder & Cramer, 2012). In contrast, other scholars, like Amstutz (2005), Williams (2012) and Welch (2013) drew the inference that Iraq war can be justi- fied as it served the state interest by utilizing the idea of political realism. There- fore, the following paper adopted Just war theory (jus bellum iustum) to analysis How to cite this paper: Ngai, T. C. (2019).

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The Roots, Practices and Consequences of Terrorism: A Literature Review of Research in the Arts & Humanities, Final Report (for the Home Office)

The Roots, Practices and Consequences of Terrorism: A Literature Review of Research in the Arts & Humanities, Final Report (for the Home Office)

Much of the wider discussion of religion and violence focuses on so-called “Islamic fundamentalism” or “Islam(ism)”. Users should always be cautious of presentations of Islam (or any other lived tradition), Islamism or Islamic fundamentalism as uniform, univocal or monolithic. Such caution necessitates bypassing many of the more popular books dealing with Islam. Even more scholarly accounts, including Huntington’s (2002) The Clash of Civilisations and Lewis, B. (2003) The Crisis of Islam: Holy War and Unholy Terror, lack important nuance. 25 By contrast, excellent initial orientations may be found in Rippin, 2005, Muslims: Their Religious Beliefs And Practices, while more specialised accounts of “Islamic fundamentalism”/“Islamism” are provided by a number of mainly French scholars: Kepel (1994) The Revenge of God and (2002) Jihad: The Trail of Political Islam; Roy (1994) The Failure of Political Islam and (2004) Globalised Islam: The Search for a New Ummah; Burgat (2003) Face To Face with Political Islam; Esposito (2002) Unholy War: Terror in the Name Of Islam.

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Just Surveillance? Towards a Normative Theory of Surveillance

Just Surveillance? Towards a Normative Theory of Surveillance

John Kleinig has produced what to me is the most comprehensive purely normative list to date (Kleinig 2009). He lists cause, necessity and proportionality, separating the latter into the areas of proportionality of ends and proportionality of means. He also discusses the need for there to be a reasonable chance of success and a prohibition on means mala in se. That is, means which are evil in themselves and should thus never be used. In conventional warfare such means have been seen to include certain chemical and biological weapons, and increasingly anti-personnel landmines. In this Kleinig comes extremely close to my own position. Given that he was writing with practitioners in mind, and particularly the police, Kleinig takes authority as a given. However, his position fails to take into account discrimination which, as seen above, is included in the ethical principles of others as well as being one of the most established principles in the just war tradition.

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Medical Ethics and the Nazi War Data

Medical Ethics and the Nazi War Data

Ethics is commonly defined as the moral response to various situations. Every person is morally responsible for his or her own actions, assuming freedom of action is permitted. People are not held morally accountable for their inability to do something they cannot do, nor are they held morally accountable when they do something that they are forced to do.

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Challenging Humanitarian Intervention?

Challenging Humanitarian Intervention?

My main worry regarding Sanyal’s critique has to do with his characterisation of just war theory and the conclusions he draws from this. I have no reason to believe my points will convince Sanyal or anyone (Marxist, anarchist, or otherwise) who rejects reform in favour of revolution. Let me, however, address the same people that Sanyal seeks to address – the ‘dissident’ just war theorists who are critical of their own governments. Sanyal believes that, as the philosophical interest in R2P is waning, these dissidents find themselves at a crossroads. He urges us to not return to the mainstream analytic approach to war to find new problems to concern ourselves with, for ‘the problem-set and philosophical framework of the analytic approach is an ideological strait- jacket […] because it keeps [us] to safe questions that won’t discomfit [our] masters’ (Sanyal, 2018: 200). However, Sanyal presents us here with a false choice based on an overly-quick characterisation of contemporary just war theory – we must accept a Marxist (or similar) approach to the philosophy of war or remain beholden to simply doing what ‘our masters’ want. I have already highlighted some of Sanyal’s unwarranted generalisations in my outline of his argument above, but in addition let me note here that it is not true that all just war theorists (and international lawyers) can do is to ingratiate themselves to the establishment and hope to make powerful people nicer. Sanyal significantly downplays the effect that international law can have on states’ conduct. It may be that IHL has been less effective than international law in other areas, but then, as an international community, we’ve only really been trying to legally regulate armed conflict since the end of the 19th century – not a very long time at all. 4

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