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Single Idea 23619

[filed under theme 25. Social Practice / E. Policies / 1. War / a. Just wars ]

Full Idea

It is possible for a defensive war to be unjust, when the defensive war to which it is a response is a just war.

Gist of Idea

A defensive war is unjust, if it is responding to a just war

Source

Jeff McMahan (Killing in War [2009], 3.3.3)

Book Ref

McMahan,Jeff: 'Killing in War' [OUP 2009], p.147


A Reaction

An example might be a state resisting an intervention from outside, when the state is in the process of exterminating some unwanted minority. Or perhaps the invaders are crossing the state's territory to achieve some admirable end.


The 23 ideas from Jeff McMahan

The worst unjustified wars have no aim at all [McMahan]
Wars can be unjust, despite a just cause, if they are unnecessary or excessive or of mixed cause [McMahan]
If all combatants are seen as morally equal, that facilitates starting unjust wars [McMahan]
Just war theory says all and only persons posing a threat are liable to attack [McMahan]
You (e.g. a police officer) are not liable to attack just because you pose a threat [McMahan]
Proportionality in fighting can't be judged independently of the justice of each side [McMahan]
You don't become a legitimate target, just because you violently resist an unjust attack [McMahan]
Innocence implies not being morally responsible, rather than merely being guiltless [McMahan]
Can an army start an unjust war, and then fight justly to defend their own civilians? [McMahan]
Volunteer soldiers accept the risk of attack, but they don't agree to it, or to their deaths [McMahan]
Liberty Rights are permissions, and Claim Rights are freedom from intervention [McMahan]
Soldiers cannot know enough facts to evaluate the justice of their war [McMahan]
If being part of a big collective relieves soldiers of moral responsibility, why not the leaders too? [McMahan]
If soldiers can't refuse to fight in unjust wars, can they choose to fight in just wars? [McMahan]
Soldiers cannot freely fight in unjust wars, just because they behave well when fighting [McMahan]
The law of war differs from criminal law; attacking just combatants is immoral, but legal [McMahan]
Equality is both sides have permission, or both sides are justified, or one justified the other permitted [McMahan]
Fighting unjustly under duress does not justify it, or permit it, but it may excuse it [McMahan]
Legal excuses are duress, ignorance, and diminished responsibility [McMahan]
If the unjust combatants are morally excused they are innocent, so how can they be killed? [McMahan]
Unconditional surrender can't be demanded, since evil losers still have legitimate conditions [McMahan]
A defensive war is unjust, if it is responding to a just war [McMahan]
A person or state may be attacked if they are responsible for an unjustified threat [McMahan]