The fog of (just) war: more on just war and the “kill list”

To follow up a bit on the last post, here’s a good piece published in Boston Review by Georgetown law professor David Luban, looking at the “drone war” more broadly in the context of just war theory.

Luban homes in on some of the thornier issues surrounding the targeted killing program: distinguishing between combatants and non-combatants, the question of proportionality, and whether “the decision-making process is based on a genuinely skeptical, probing structure, with a heavy burden of proof on those proposing a killing and an institutionalized ‘devil’s advocate’ to argue against each and every deadly ‘nomination.'” Despite recent reports in the New York Times and elsewhere, “the process still remains essentially shrouded in fog.”

Assuming that it’s permissible to use force in self-defense, Luban says, “targeted killings” aren’t necessarily immoral per se. “If anything, targeted killing is better than untargeted killing, which the laws of war call ‘indiscriminate’ and a war crime.”

Among this welter of arguments about targeted killing, the genuine issues of principle are whether self-defense requires it and proportionality permits it. The question of where the zone of combat ends and civilian rules begin is important, but it is a question of line-drawing, not of moral principle. If self-defense is a just cause of war, and if killing is necessary for self-defense (a big if), then targeted killing is permissible–provided that it targets only enemy fighters, keeps civilian casualties low, and actually does more good than harm in defending ourselves.

But this last one is a “far from a settled question,” Luban says, because the drone war may be creating more terrorists than it kills due to, for example, the radicalizing of Yemenis angered by the drone attacks. Add to this worries about the “opacity and unaccountability” of the program, and it’s far from clear that it is, on balance, a good idea.

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