ABSTRACT
This chapter outlines McMahan's characterizations of moral equality of combatants (MEC) proponents' arguments for MEC, agreeing with him that several of these arguments are too weak to support MEC. It presents what author believes to be the strongest case for MEC. The chapter explores the question of the belligerent equality of armed contractors. By focusing on defining what it means morally to be a combatant, it argues that armed contractors are not the legal equals of combatants nor are they the moral equivalent of professional soldiers. The Blackwater contractors in Najaf were not the legal or moral equals of the Marines, nor were they civilians. Proponents of MEC often turn to contractual based arguments or to a soldier's commitment to the military as reasons for her moral equality. The chapter focuses on issues related to the Symmetry Thesis, including the problem of victor's justice, compliance, and moral zeal, as well as the effectiveness of current laws involving belligerent equality.
