ABSTRACT

This chapter focuses on the relationship between ethics and law, specifically the relationship between the ethical tradition of just war and the law of armed conflicts as this has developed in positive international law over the last 150 years. Classic just war thinking began with four concerns: first, who has the authority to resort to armed force; second, for what causes, what substantive reasons, may armed force be used; third, what should justified use of armed force aim to achieve, and correspondingly, what intentions should be avoided; and fourth, how to employ force that has been determined to be justified. It suggests that there are real potential benefits to going further to restore the historical dialogue between the moral tradition and the laws regulating armed conflict. The chapter concludes by suggesting that contemporary moral debate over armed force also stands to gain from such a dialogue.