Ethics

Ethics Study Guide c. Proper authority and public declaration, i.e., a state may only go to war if the decision has been made by the appropriate authorities, usually specified in that country’s constitution. d. Last resort, i.e., all other plausible and peaceful alternatives must have been exhausted to resolve the conflicts in question. e. Probability of success, i.e., if a positive impact on the situation cannot be anticipated, then war cannot be resorted to. f. Proportionality, i.e., before the war is started, a state must weigh the universal goods expected to result from it, against the universal evils, such as casualties. (Note: The first three rules are deontological requirements, whereas the last three are consequentialist.) 2. Jus in bello: Refers to the justice in war, or the right conduct during battle. External jus in bello refers to the rules regarding the enemy and its armed forces. The rules are: a. Obey all international laws on weapons prohibition, e.g., regarding chemical and biological weapons. b. Discrimination and non-combatant immunity, i.e., a soldier must discriminate between those who are engaged in harm, and the civilian population that is morally immune from attack. c. Proportionality, i.e., the force used must be proportional to the end the soldiers seek. d. Benevolent quarantine for prisoners of war (POWs), i.e., once enemies surrender and become captives, they are no longer threats, so it is wrong to subject them to death, starvation, torture, medical experimentation, etc. There is still much controversy on the detainment and aggressive questioning of terrorist suspects. e. Nomeans mala in se, i.e., soldiers cannot use means that are evil in themselves, such as mass rape campaigns or genocide. f. No reprisals, i.e., when country A violates jus in bello in war with country B, because these only serve to escalate death and make the destruction of war more indiscriminate. (Note: Internal jus in bello involves the rules a state must follow regarding its own people as it battles against an enemy. These basically mean that human rights are still respected as best they can during the crisis.) 3. Jus post bellum: refers to justice during the last stage of a war. The following principles must be considered: a. Proportionality and publicity, i.e., a peace settlement needs to be measured and reasonable. b. Rights vindication, i.e., the peace settlement should assure those rights whose violation prompted the justified war. c. Discrimination, i.e., distinction must be made between the leaders, combatants, and civilians of the defeated country. d. Punishments #1, i.e., if the country losing the war aggressively violated rights, then punishment must be appropriate. The leaders should face fair and public international trials for war crimes. ©2018 Achieve Page 80 of 116