LEC15 – Discrimination Oct 29 2009?

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16 Aug 2010

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PHL378 War & Morality
LEC15 Proportionality & Necessity / Discrimination
Oct, 29th, 2009
! legitimate vs. illegitimate targets
! in bello condition
! traditional view / Waltzer: combatants are legitimate, non-combatants are illegitimate
! once you are a soldier you can be attacked at any time unless they are wounded or captured
! enemy civilians who work for the war effort can also be attacked (but only when they are in
the factories) ie. making munition, transport drivers
! the death of these ppl do not count for proportionality b/c they place themself in the line of
! people are not legitimate targets if they are engaged in activities that they would have been
engaged in even if there was no war (ie. farmers)
! discrimination condition is applied equally to both sides of the war
the moral status of soldiers on both side are the same
! Waltzer: pg. 151
! non-combatants cannot be targeted at any time
! pg. 153: doctrine of double effect
4 conditions
1. d
2. the direct effect will produce some good
3. the intended of the actor is good, and the evil is merely foreseen
4. the good effect is sufficiently good to outweigh the bad effect (proportionality)
Who is protected and who isn't
! Waltzer: ppl you are permitted to direct force against are the ones who have given up their right
to be killed
! non-combatant has not given up their rights, hence targeting them is wrong
! if you are a soldier you simultaneously lose your right to not be killed while at the same time
gaining the right to kill enemy soldiers
! by surrendering soldiers give up their right to kill and liability to be killed
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