ISBN : 9780198796176
The chief means to limit and calculate the costs of war are the philosophical and legal concepts of proportionality and necessity. Both categories are meant to restrain the most horrific potential of war. The volume explores the moral and legal issues in the modern law of war in three major categories. In so doing, the contributions will look for new and innovative approaches to understanding the process of weighing lives implicit in all theories of jus in bello: who counts in war, understanding proportionality, and weighing lives in asymmetric conflicts. These questions arise on multiple levels and require interdisciplinary consideration of both philosophical and legal themes.
Jens David Ohlin, Larry May, and Claire Finkelstein: Introduction
Part I: Necessity & The Lives of Combatants
1 Gabriella Blum: The Dispensable Lives of Soldiers
2 Jens David Ohlin: Sharp Wars are Brief
3 Larry May: Humanity, Necessity, and the Rights of Soldiers
4 Michael L. Gross: The Deaths of Combatants
Part II: Proportionality, Civilian Harm, & Soldiers
5 Jeff McMahan: Proportionate Defense
6 Jovana Davidovic: Justification and Proportionality in War
7 Saba Bazargan-Forward: Compensation and Proportionality in War
8 Adil Haque: A Theory of Jus in Bello Proportionality
9 Ariel Colonomos: 4 Proportionality in Warfare as a Political Norm
Part III: Combatancy & The Value of Lives in Asymmetric Conflict
10 Claire Finkelstein: The Equality of Lives in War and the Principle of Distinction
11 Jon Todd: Guiding Executive Decisions on Combatancy in War
12 Andrew Forcehimes: Weighing Unjust Lives
13 Michael Schmitt, Jeffrey Biller, Sean C. Fahey, David S. Goddard, & Chad Highfill: 4 Joint and Combined Targeting: Structure and Process