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100 Int'l Rev. Red Cross 445 (2018)
Law and Morality at War

handle is hein.journals/intlrcs100 and id is 437 raw text is: 
















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                             Adil Ahmad Haquet
                             Book review by Lisa Hecht, Postdoctoral Researcher at the
                             Department of Philosophy, Stockholm University.




Over the last decade, the philosophical study of war has turned into a flourishing
research area. The ongoing debate on the morality of war challenges some widely
accepted claims about how wars can be fought justly.' Notably, some scholars
raise challenges to concepts like the equality of belligerents and civilian
immunity, suggesting that there might be a large gap between law and morality.
Insofar as international humanitarian law (IHL), also known as the law of armed
conflict, is concerned, civilian immunity from direct attack applies equally to just
and unjust combatants. However, IHL does not consider the moral considerations
guiding just conduct in war. We need to know whether this omission is justified,
or whether the law needs to change to better map onto morality.
        Adil Ahmad Haque's book, Law and Morality at War, takes up this
important question. Well-versed in both the philosophical and legal debates,
Haque offers an insightful interpretation and critique of IHL. He argues that the
law should enable those who adhere to it to better conform to their moral
obligations not to kill unjustly. One problem with the current state of the law is
the vagueness of some parts of IHL, which makes it difficult for combatants to
know what their moral obligations are. Haque seeks to amend this by suggesting
refinements of the law that build on moral principles.
        Following the general trend in the ethics of war scholarship, Haque puts
individual moral rights and duties at the centre of his philosophical thinking
about war. He is committed to the doctrine of reductivism, which holds that the
moral norms governing violence in war are the same as the moral norms

   Published by Oxford University Press, Oxford, 2017.


© icrc 2019

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