David W. Lovell - Protecting Civilians During Violent Conflict: Theoretical and Practical Issues for the 21st Century

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PROTECTING CIVILIANS DURING VIOLENT CONFLICT

Military and Defence Ethics

Series Editors

Don Carrick Project Director of the Military Ethics Education Network based in the Institute of Applied Ethics at the University of Hull, UK.

James Connelly Professor of Politics and International Studies, Director of the Institute of Applied Ethics, and Project Leader of the Military Ethics Education Network at the University of Hull, UK.

Paul Robinson Professor in Public and International Affairs at the University of Ottawa, Canada.

George Lucas Professor of Philosophy and Director of Navy and National Programs in the Stockdale Center for Ethical Leadership at the U.S. Naval Academy, Annapolis MD, USA.

There is an urgent and growing need for all those involved in matters of national defence from policy makers to armaments manufacturers to members of the armed forces to behave, and to be seen to behave, ethically. The ethical dimensions of making decisions and taking action in the defence arena are the subject of intense and ongoing media interest and public scrutiny. It is vital that all those involved be given the benefit of the finest possible advice and support. Such advice is best sought from those who have great practical experience or theoretical wisdom (or both) in their particular field and publication of their work in this series will ensure that it is readily accessible to all who need it.

Also in the series

Empowering Our Military Conscience
Roger Wertheimer
ISBN: 978-0-7546-7894-6

Kantian Thinking about Military Ethics
J. Carl Ficarrotta
ISBN: 978-0-7546-7992-9

New Wars and New Soldiers
Edited by Paolo Tripodi and Jessica Wolfendale
ISBN: 978-1-4094-0105-6

Protecting Civilians During Violent Conflict

Theoretical and Practical Issues for the 21st Century

Edited by

DAVID W. LOVELL
University of New South Wales at The Australian
Defence Force Academy, Australia

IGOR PRIMORATZ
Charles Sturt University, Australia

First published 2012 by Ashgate Publishing

Published 2016 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright David W. Lovell and Igor Primoratz 2012

David W. Lovell and Igor Primoratz have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Protecting civilians during violent conflict : theoretical and practical issues for the 21st century. (Military and defence ethics)
1. WarProtection of civilians. 2. WarMoral and ethical aspects. 3. Combatants and noncombatants (International law) 4. Humanitarian law. 5. War victimsLegal status, laws, etc.
I. Series II. Lovell, David W., 1956 III. Primoratz, Igor.
172.42dc23

Library of Congress Cataloging-in-Publication Data

Protecting civilians during violent conflict : theoretical and practical issues for the 21st century / edited by David W. Lovell and Igor Primoratz.

p. cm. (Military and defence ethics)

Includes index.
ISBN 978-1-4094-3125-1 (hardback : alk. paper) ISBN 978-1-3156-0266-0 (ebook)

1. WarProtection of civilians. 2. WarMoral and ethical aspects. 3. War victimsLegal status, laws, etc. I. Lovell, David W., 1956 II. Primoratz, Igor.

KZ6515.P758 2012
172.42dc23

2011046423

ISBN 9781409431251 (hbk)
ISBN 9781315602660 (ebk)
ISBN 9781317074342 (ebk-ePUB)

Contents

David W. Lovell

Stephen Nathanson

Igor Primoratz

Dean Cocking

Hitoshi Nasu

Michael N. Schmitt

Helen Durham and Eve Massingham

Rob McLaughlin

David W. Lovell

Penelope Mathew

Andrew Alexandra

David Whetham

Stephen Coleman

William Maley

Richard D. Rosen

Susan Breau

List of Tables

Acknowledgements

The idea for this volume originated in discussions between the editors late in 2009. We invited a number of scholars and practitioners to submit papers on the central theme which have been robustly discussed on a number of occasions among the contributors, with revised versions now appearing as the chapters herein. The opportunities for these discussions were provided by the School of Humanities and Social Sciences at the University of New South Wales at the Australian Defence Force Academy, the Centre for Applied Philosophy and Public Ethics, and the Centre of Military Law and Justice of the College of Law at The Australian National University; we thank them for their support. The organizational details of this volume were handled professionally by the College Outreach and Support Team of the ANU College of Law. And lastly, we thank the production team at Ashgate Publishing, particularly Margaret Younger and Kirstin Howgate, who have been characteristically efficient and helpful.

David W. Lovell
Igor Primoratz

List of Contributors

Andrew Alexandra

University of Melbourne

After graduate study at Oxford University, Andrew Alexandra taught at Swinburne, Deakin, Melbourne, Queensland and Charles Sturt universities. Since 2000, he has worked in the Centre for Applied Philosophy and Public Ethics at the University of Melbourne. Andrew has research interests in the areas of the ethics of war and peace, professional and applied ethics, political philosophy, the history of philosophy and issues in intellectual property. He has undertaken collaborative research and consultancies for a range of organizations, including Victoria Police, the Professional Standards Council, the Australian Association of Social Workers, the Australian Anthropological Society, the International Baccalaureate Organization (UK) and the Safety Institute of Australia. Two of his most recent books are: co-authored with Seumas Miller, Integrity Systems for Occupational Groups (Aldershot: Ashgate, 2010); and co-authored with Seumas Miller, Ethics in Practice: Moral Theory and the Professions (Sydney: University of New South Wales Press, 2009).

Susan Breau

Flinders University of South Australia, Adelaide

Susan Breau joined the law school in 2010 as Professor of International Law. Her immediate past appointment was as Reader in International Law and Assistant Associate Dean for Research at the School of Law, University of Surrey. Prior to that post, she was the Dorset Fellow in International Law at the British Institute of International and Comparative Law. Her first academic post was as a lecturer in International Law at Queens University, Belfast. Prior to attending the London School of Economics in 1999, where she obtained her Masters in Law and PhD, Susan was a Barrister and Solicitor in Kingston, Canada, where she practised family, criminal and child law for 18 years. Her most recent book is (with Kerim Yildiz)

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