ABSTRACT
There is a fine, but important, difference between what is legal and what is moral in war – a difference that is sometimes overlooked in discussions on military ethics, which tend to focus more on the legality aspect. This can be problematic. Wars and actions in wars might adhere to existing legal standards. At the same time, they could violate moral standards that lack legal codification. Besides, not all laws are in perfect harmony with common perceptions of what is moral and this can result in situations where law and morals conflict. One and the same action may be perfectly legal, but may also be perceived as being highly immoral. For example, the Coalition forces massively attacked the Iraqi forces fleeing from Kuwait at the very end of the 1991 Gulf War. This episode was reported in the media as ‘highway of death’, as it resulted in the destruction of thousands of Iraqi vehicles and military personnel. Though being (probably) formally legal, the attack on an enemy that could no longer defend itself was sharply criticized as having been immoral (Challans 2007, 39-40). In other words, following the letter of the law does not free one from making ethical judgments.
