Full Idea
Unlike domestic criminal law, the law of war is designed not to protect moral rights but to prevent harm. …This means when unjust combatants attack just combatants they violate their moral rights, yet they act within their legal rights.
Gist of Idea
The law of war differs from criminal law; attacking just combatants is immoral, but legal
Source
Jeff McMahan (Killing in War [2009], 3.1.1)
Book Reference
McMahan,Jeff: 'Killing in War' [OUP 2009], p.107
A Reaction
He says we must bring the law of war much closer to the morality of war. If there is any hope of slowly eliminating war, it may lie in reforms such as these.