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In recent years, there has been an upsurge in the number of civilian resistance movements (CRMs) within states to counter government repression and coups d’états through which civilians are on the frontlines of state brutality and mass atrocities. This article considers the implications of CRMs for atrocity prevention and the associated responsibility to protect norm by asking, Should the international community support CRMs as part of its wider commitment to ending mass atrocities? In this article, we evaluate both military and nonmilitary support to CRMs. We argue that in the context of coups and government repression, providing lethal military support to CRMs will often make things worse in terms of atrocity prevention. We however explain that the provision by the international community of nonlethal and nonmilitary support through political recognition, technical assistance, and accountability can yield positive results. We illustrate this argument with the case of Myanmar.
This essay assesses the morality of Ukraine's use of drones to attack targets inside Russia. Following its invasion by Russian forces, Ukraine has had a just cause to wage a war of self-defense. However, its efforts to achieve that cause remain subject to moral limits. Even a state that has been unjustly attacked may not, for example, respond by deliberately targeting the attacking state's civilian population. To do so would violate the jus in bello principle of discrimination. The essay first describes how drone technology has frequently enabled long-range strikes against Russian military assets as well as other targets inside cities. It then explains why it would be morally wrong for Ukraine to attack its enemy's population centers. First, Russian civilians are not liable to attack, and this nonliability is undiminished by the injustice of Russia's invasion or by any in bello wrongs committed by the Russian military. Second, attacking Russian cities with drones would arguably achieve little or no self-defensive benefit for Ukraine, and it could even be counterproductive.
The Russia-Ukraine war demonstrates the crucial role of technology in modern warfare. The use of digital networks, information infrastructure, space technology, and artificial intelligence has distinct military advantages, but raises challenges as well. This essay focuses on the way it exacerbates a rather familiar challenge: the “civilianization of warfare.” Today's high-technology warfare lowers the threshold for civilian participation in the war effort. A notable example is the widespread use of smartphone apps by Ukrainian civilians, who thereby help the armed forces defend against Russian aggression. Through the lenses of international humanitarian law, conventional just war theory, and revisionist just war theory, this essay evaluates the normative dimensions of such civilian participation. The analysis shows that civilians can lose their legal protections when they use these apps to directly participate in hostilities, and this loss of immunity can be justified by Michael Walzer's conventional just war theory. Revisionism, however, puts the justness of the war at the forefront, and so sheds doubt on the moral liability of Ukrainian civilians. Considering the broader implications, including the blurring combatant-civilian distinction, indicates that such civilianization of warfare should not be welcomed; the risks will often outweigh the benefits. At a minimum, states ought to exercise restraint in mobilizing civilians and inform them of the implications of their actions.
Ukraine's war of self-defense against Russia is one of the clearest examples of a nation fighting a just war in recent history. Ukraine is clearly entitled to defend itself, and Russia is clearly obligated to cease hostilities, withdraw troops, and make repair. In light of this, some of the most salient moral questions related to Russia's war of aggression in Ukraine involve the international community; namely, what moral duties it has toward Ukraine, especially in light of Russia's extreme and pervasive human rights abuses. The first section of the essay argues that there is a pro tanto moral duty to intervene militarily in Ukraine to stop Russian human rights abuses and ensure that Ukraine achieves a military victory. This duty is grounded in duties of rescue, promissory obligations, and reliance obligations, as well as duties to nations’ own citizens and to the international community. The second section of the essay argues that the most relevant consideration in determining whether there is an all-things-considered duty for the international community to intervene militarily in Ukraine is Russia's nuclear coercion and the associated risk of nuclear war. This section highlights the nuclear risks involved in compliance with Russian nuclear coercion, which I argue have been neglected in prominent discussions. The moral stakes involved in this determination are very high, and succumbing to Russian nuclear coercion in the face of massive human rights violations would set a dangerous precedent. Any course of action should be guided by a thorough analysis of all the risks involved, both nuclear and moral.
One of the most pronounced features of the war in Ukraine has been the heavy reliance of the Russian forces on convict-soldiers, most notably by the private military and security company (PMSC) the Wagner Group. In this essay, I explore the ethical problems with using convict-soldiers and assess how using them compares to other military arrangements, such as conscription or an all-volunteer force. Overall, I argue that the central issue with using prisoners to fight wars is their perceived expendability. To do this, I present three arguments. First, although many prisoners have been under major duress, using convict-soldiers may be somewhat preferable to using conscripts in this regard. Second, convict-soldiers are more likely to be subject to human rights abuses than other types of soldiers and this should be seen as the main problem with their use. Third, convict-soldiers’ liability to lethal force for fighting in an unjust war does not render it permissible to treat them as expendable.
Since commencing its illegal invasion in 2022, the Russian military and authorities have committed numerous war crimes against the people of Ukraine. These include the mutilation and execution of combatants; the torture, kidnapping, forced expulsion, rape, and massacre of civilians; and indiscriminate attacks on densely populated areas. In this essay, I evaluate the strategic implications of this misconduct, focusing exclusively on Western responses. I argue that war crimes can and often do negatively impact the strategic goals of the perpetrator, but whether and how this occurs is rarely governed exclusively by the offending action. Western perceptions of battlefield atrocity, shaped as they are by identity, race, and politics, may radically shift from one context to another. In the case of the Russia-Ukraine war, the status of both the participants and the conflict itself has helped inculcate a particular sensitivity among Western actors to the battlefield criminality of Russia. Drawing on evidence from the 2022 Bucha massacre and the ongoing bombing of Ukrainian civilians, I argue that Russian misconduct has consolidated Western support for the Ukrainian military effort, politically, diplomatically, and materially.
Now in its third year, the Russian war of aggression against Ukraine remains at the very top of the international security agenda. This conflict has largely refocused the West's attention away from the counterterrorism and counterinsurgency campaigns that followed the terrorist attacks of September 11, 2001. In February 2022, German chancellor Olaf Scholz went so far as to declare that the invasion signaled a zeitenwende, or “dawn of a new era.”1 Russia's aggression and the threat of having to fight a peer or near-peer competitor raises difficult questions, many of which are ethical in nature. The essays gathered in this roundtable seek to provide answers to some of those questions. They are the result of a workshop I organized for the King's College London Centre for Military Ethics in October 2023. One of my ambitions for this workshop was to put leading academics working on the ethics of war into discussion with military practitioners, making sure to include Ukrainian voices. I was very fortunate to succeed in these objectives, and I am convinced that the published essays have benefited enormously from our conversations.
The state of the Free Exercise Clause in U.S. constitutional law is uncertain. With an opportunity in Fulton v. Philadelphia to clarify the vitality of the current standard from Employment Division v. Smith, the United States Supreme Court has declined to do so. The lasting impact of Smith has been to move away from directly requiring government justifications for infringing free exercise. Instead, courts now use neutrality and general applicability as heuristics for government justification. Yet, relying solely on neutrality and general applicability to proxy for government justification when infringing religious exercise distracts courts from conducting a fact-based inquiry. This article demonstrates how more scrutiny of the legislative facts in free exercise doctrine may serve as a viable alternative to Smith’s flawed approach for evaluating government justifications. The author first shows empirically how more factual scrutiny—directly requiring the government to justify its actions with evidence—can benefit government and religious claimants and then discusses the normative advantages of a fact-intensive approach to constitutional scrutiny. During a moment of sharp division over religious freedom and other competing rights, factual scrutiny can be a powerful tool for handling free exercise challenges and promoting responsible religious freedom.
This comment on Moritz Altenried's The Digital Factory discusses how the book offers four interrelated theoretical contributions to the study of labour in the digital economy – redefining the factory, specifying digital Taylorism, materializing its infrastructure, and mapping class relations – through four sites of investigation. The piece discusses the implications of the resulting multiplication of labour and labour relations for reconfigured class relations and resistance and argues that the differentiated social relations across spatial and material contexts ask for a theorization of the conjunctural nature of these relations.
We investigate a class of adjective phrases composed of a deadjectival adverb ending in -ly and an adjective head (e.g. staggeringly incompetent, absolutely terrific, fiscally responsible), a compact construction whereby two adjectives may jointly contribute to evaluative meaning. Using corpus methodologies on more than 1 million examples and relying on semantic analyses of about 1,000 instances, we propose that the construction can be divided into different semantic subtypes, including Degree (deeply disturbing), Focus (utterly ridiculous), Manner (delightfully performed), Reaction (strangely compelling), Topical (historically inaccurate) and Epistemic (intuitively obvious), among others. Using this typology, we investigate the relative distribution of each subtype across several registers of written English. We found a high frequency of the Reaction subtype in book, film and art reviews, and we suggest a discourse-functional explanation for this, linked to the perceived value of originality in expressive writing. This investigation reveals the power of semantically informed, corpus methodologies to shed light on the distribution of specific constructions.
Recent years have seen a sharp increase in the number of cases being brought before national courts addressing the constitutional rights of children and future generations (FG) in the context of environmental protection. These cases have required courts to devote increasing attention to a wide-ranging and complicated array of constitutional rights claims involving the short- and longer-term impacts of environmental harm on children and FG. This article argues that both litigation and judicial efforts in this area have been hampered by the lack of precision of definitions of ‘future generations’ under comparative constitutional and international human rights law, in particular vis-à-vis children. This lack of precision poses a major challenge to both the delineation and enforcement of rights claims in the context of such litigation. After outlining how these cases are being brought and how courts are addressing (or not) the complexities involved in defining children and FG respectively, the article highlights the lack of authoritative definitions of FG in comparative constitutional law – a lacuna that, the author argues, is exacerbated by the ongoing lack of a clear definition of FG in the international human rights law context. The article concludes by identifying key challenges faced by litigators and courts seeking to engage with the rights of children and FG that result from this definitional gap.
States have long been understood to have an obligation to protect the international legal rights and interests of others, consistent with the maxim sic utere tuo ut alienum non laedas (use what is yours in such a manner as not to injure that of another). As the world's population becomes more interdependent, this no harm obligation becomes more significant. Further, as knowledge increases about the consequences of human activity for the climate and the environment, the no harm obligation takes on greater relevance vis-à-vis the interests of the Earth's future populations. Future generations’ legal interests have been recognized in the context of sustainable development and through the principle of intergenerational equity. The no harm rule requires that these interests be properly considered and addressed appropriately, commensurate with what is at stake. At a minimum, this may require avoidance of ‘manifestly excessive adverse impacts’.
This article analyzes Turkish foreign policy during the Iranian oil crisis of 1951–1953 and argues that Turkey shaped its policy based on Cold War politics. While Turkey cared less for Iran’s nationalization of oil, it was more concerned about the political implications of the crisis. At the beginning of the crisis, Turkey was focused on guaranteeing its own NATO membership. After joining NATO in 1952, the country assumed a more active role in the crisis. As the coalition behind Premier Dr Mohammad Mosaddegh dissolved, Turkey became more concerned about both the internal situation in Iran and the broader Middle Eastern context following the July 21, 1952 events in Iran and the 1952 Egyptian coup. The strongest opposition to Mosaddegh came from Ayatollah Abul Qassim Kashani who was both an important religious figure and the speaker of the Majlis. Turkey was concerned about Kashani’s politics of a “third bloc” and supported Mosaddegh’s pro-American position. Keeping Mosaddegh in power was in line with Turkey’s general Middle Eastern policy which aimed at forming a Western-oriented regional defense organization. This article will analyze the shaping of Turkish foreign policy towards the Iranian oil crisis within the context of this regional rivalry.
This article discusses the significance of the extensive data-gathering procedures incorporated into recent synodal preparations and how they advance Pope Francis’s commitment to forging a church informed by a dialogue between theological ideas and empirical realities. Drawing on my prior case analysis of the Synod on the Family, I argue that despite the limits in place then on lay participation in the formal synod discussions, the diversity of the laity’s self-reported experiences penetrated the bishops’ deliberations. This achievement is in part a function of the synod communication structure whereby participants are allocated to shared-language groups, thus avoiding self-selection based on a priori doctrinal or country-specific biases; the resulting (forced) dialogue with difference helps foster the gradual development of more inclusive doctrinal framings as seen in the post-synodal Amoris Laetitia. In a historic expansion, the Synod on Synodality formally includes lay voting participants and therefore lay perspectives will directly shape the synod proposal outcomes. Like the bishops, lay Catholics do not speak with one voice, and thus the task of finding moral consensus will still necessarily require respectful mutual listening and reciprocal dialogue.