2004
Volume 111, Issue 1
  • ISSN: 0002-5275
  • E-ISSN: 2352-1244

Abstract

Abstract

One of the basic principles of the Just War Theory is that of non-combatant immunity. Basically, this principle is about protecting the civilian population against the violence of war. Now, despite the fact that this principle is firmly ingrained in our collective moral conscience and in international humanitarian law, the truth is that the civilian population has never been really insulated from the horrors of war. Quite on the contrary. This seems to be especially the case in so-called irregular warfare. In order to avoid military defeat against a stronger opponent, non-state armed movements very often use tactics that entail important risks for the civilian population. These irregular combatants hide and fight, for instance, among the civilian population or they intentionally blur the distinction between combatants and non-combatants. One of those tactics consists in using non-combatants as human shields. It goes without saying that this tactic presents a complex moral challenge for conventional troops. Should these human shields be treated like any other innocent bystanders, or should they be considered as partial combatants? And can the non-combatant immunity principle be of any moral assistance here? It is the objective of this article to shed more light on this issue. The argument will be developed in four stages. First, we will take a closer look at the principle of non-combatant immunity as it is understood within the Just War Theory. In order to see if and to what extent the principle of non-combatant immunity can be of any assistance in confronting human shields, we will conduct a first case-based analysis. Next, we aim to develop a moral continuum of paradigmatic cases of human shields, the purpose of which is to provide an instrument that will help us to formulate more nuanced moral appreciations. Finally, we will briefly look at the practical relevance of the proposed approach.

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2019-03-01
2021-06-21
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References

  1. Aristoteles(1998). The Nicomachean Ethics (Vertaald en ingeleid door David Ross; herzien door J.L.Ackrill en J.O.Urmson). Oxford: Oxford University Press.
  2. Dinstein, Y.(2010)The Conduct of Hostilities under the Law of International Armed Conflict (2nd edition). Cambridge: Cambridge University Press.
  3. Fabre, C.(2012)Cosmopolitan War. Oxford: Oxford University Press.
  4. Gross, M.L.(2010)Moral Dilemmas of Modern War. Torture, Assassination, and Blackmail in an Age of Asymmetric Conflict. Cambridge: Cambridge University Press.
  5. [Google Scholar]
  6. Haque, A.A.(2017)Law and Morality at War. Oxford: Oxford University Press.
  7. Hurka, T.(2005)Proportionality in the Morality of War, Philosophy and Public Affairs33, pp. 34-66.
    [Google Scholar]
  8. Lazar, S.(2015)Sparing Civilians. Oxford: Oxford University Press.
  9. Malsin, J.(2017)‘They Just Took Us’. Civilians on Being Used as Human Shields by ISIS, Time 30 maart, time.com/4717319/mosul-iraq-offensive-civilians-human-shields/
    [Google Scholar]
  10. McMahan, J.(2009)Killing in War. Oxford: Oxford University Press.
  11. Miller, R.B.(1996)Casuistry and Modern Ethics. A Poetics of Practical Reasoning. Chicago/London, University of Chicago Press.
  12. Nagel, T.(1972)War and Massacre, Philosophy and Public Affairs1, pp. 123-44.
    [Google Scholar]
  13. Quinn, W.S.(1989)Actions, Intentions, and Consequences: The Doctrine of Double Effect, Philosophy and Public Affairs18, pp. 334-51.
    [Google Scholar]
  14. Skerker, M.(2004)Just War Criteria and the New Face of War: Human Shields, Manufactured Martyrs, and Little Boys with Stones, Journal of Military Ethics3, pp. 27-39.
    [Google Scholar]
  15. Walzer, M.(2006)Just and Unjust Wars. A Moral Argument with Historical Illustrations (4th edition). New York: Basic books.
  16. Walzer, M.(2009)Responsibility and Proportionality in State and Nonstate Wars, Parameters, Spring 2009, pp. 40-52.
    [Google Scholar]
  17. Zumwalt, J.G.(2006)Deadly Hezbollah Chess Match, The Washington Times25 oktober (https://www.washingtontimes.com/news/2006/oct/25/20061025-092622-2090r/).
    [Google Scholar]
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  • Article Type: Research Article
Keyword(s): human shields; irregular warfare; Just War Theory; non-combatant immunity
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