Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, (...) in cases where MANE is equally or more likely as termination to reduce moral recidivism in unjust combatants, then MANE is morally justified. Second, the relevant infections and illnesses caused by MANE are less bad than death, so MANE leaves unjust POWs better off than the alternative. Third, just as incarceration is often permissible despite benefitting society but not the incarcerated, the same holds for unjust POWs. Fourth, we should accept a broader construal of “benefit” that includes moral benefits. Thus, 3 and 4 are false when applied to unjust POWs. Fifth, medical experimentation likely to help nonconsenting persons is sometimes permissible. Because MANE is likely to help unjust POWs irrespective of their consent or lack thereof, its use is permissible. Sixth, basic principles of proper medical care support the use of MANE on unjust POWs as pro tanto morally obligatory. I conclude that militaries should therefore begin to employ MANE for unjust POWs. (shrink)

The law of armed conflict prevents the coerced extraction of information from Prisoners of War (PoWs). We claim, however, that the letter of that law involves too broad a concept of coercion. On a natural reading, there is a sense in which any extraction of information—by any method—is coercive. We respect the notion that PoWs ought not be treated poorly, but we argue “coercion” should not be understood so broadly. With respect to its use in international law, we favor (...) a moralized notion of “coercion,” as opposed to a non-moralized one. We explain what this means, and argue why this is a better reading of the law. We think a moralized notion of coercion is more intuitive, is more in line with both actual practice and the intent of the framers of international law, and has practical benefits as well. (shrink)

At 10.17.6–16 Polybius relates how Scipio seized the opportunity offered by his capture of New Carthage in 209 B.C. to increase his fleet of quinqueremes by half as much again. There is a briefer passage on the same subject in Livy 26.47.1–3. Polybius says that the total number of prisoners taken was nearly ten thousand, from whom Scipio separated two groups: first citizens, men and women with their young children, and secondly craftsmen. He freed the former, and made the (...) latter, numbering about 2000, public slaves of Rome. In Livy's account women and children are not mentioned; the prisoners are said to be ten thousand free men. As in Polybius, the citizens are said to have been set at liberty and the two thousand craftsmen made public slaves. In Polybius Scipio is said to have selected from all those not in the first two groups ‘the strongest, the fittest looking and the youngest and mixed them up with his own crews. And making the whole body of oarsmen half as many again as before he succeeded in manning the captured ships as well as his own στε τος νδρας κστ σκει βραχ τι λεπειν το διπλασους εναι τος πρχοντας τν προγενομνων, for the captured ships were eighteen in number and the original ships thirty-five’. The corresponding passage in Livy is as follows: ‘the remaining multitude [multitudinem, a word suggesting a larger number than the two former groups together] of young inhabitants and of strong slaves he handed over to the fleet to increase the number of oarsmen . And [an increase was needed because] he had added eight captured ships to the fleet’. (shrink)

In response to criticism following news of the mistreatment of Iraqis at the US prison in Abu Ghraib, some media personalities and politicians suggested that the treatment of these prisoners ‘‘would have been even worse’’ had former Iraqi President Saddam Hussein still been in power. It was hypothesized that the contemplation of this argument has undesirable consequences because counterfactual thinking can elicit both contrastive and assimilative effects. In the reported study, participants considered how the prisoners at Abu Ghraib (...) would have been worse off under Saddam. The results revealed that generating downward counterfactuals made participants feel better about Abu Ghraib (thereby evidencing contrast), and also lowered ethical standards regarding how the US should treat prisoners of war in the future (thereby evidencing assimilation). (shrink)

La recherche historique ne s’était guère intéressée jusqu’à ces dernières années aux femmes de prisonniers pendant la Seconde Guerre mondiale, et la thèse de Sarah Fishman représente la première vue d’ensemble sur cette question. Or, les femmes de prisonniers formaient, dans la France des années 1940-1945, un « problème social considérable » en raison de leur nombre, environ 800 000, et de celui de leurs enfants, à peine moins élevé. Leur situation intéressait particulièrement les pouvoirs pu...

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prisoner of History: Aspasia of Miletus and Her Biographical TraditionSarah B. PomeroyMadeleine M. Henry. Prisoner of History: Aspasia of Miletus and Her Biographical Tradition. New York and Oxford: Oxford University Press, 1995. 201 pp. Cloth, $29.95.Pericles declared that the best women are those who are known neither for praise nor blame (Thuc. 2.45.2). Despite the invisibility of respectable women in fifth-century Athens, skeletal biographies including the names of (...) their fathers, husbands, sons, and, occasionally, daughters can be constructed. A vignette in Plutarch or a private oration may flesh out the story. Although etiquette discouraged giving the name of a respectable woman while she was alive, she is named in her epitaph. The historian can narrate the entire life of such a woman in a single paragraph.The most famous woman in classical Athens, the only one who rates an entry in the Oxford Classical Dictionary2 (Oxford, 1970) and could be the subject of a full-length biography, is the hetaira Aspasia. Yet even a book devoted to Aspasia who is named in multiple sources including comedy, philosophy, history, and biography fills only 130 pages of text, most of which treat post-classical traditions about Aspasia rather than the life of the woman herself.Chapter 1, a mere nine pages about “Aspasia in Greek History,” is the only part of this book that discusses Aspasia’s actual biography. Henry accepts P. J. Bicknell’s suggestion that Aspasia was an upper-class Milesian whose older sister was married to the Alcibiades who became the grandfather of the notorious Alcibiades (AC 51 [1982] 240–50). An orphan, when she was an adolescent Aspasia came to Athens with her sister and brother-in-law. If this reconstruction is accurate, we must wonder why her brother-in-law did not secure a proper marriage for his young sister-in-law, rather than permit her to become Pericles’ concubine, but perhaps an alliance with the first man in Athens was attractive to the elder Alcibiades. Furthermore he had no legal obligation to dower his sister-in-law. Estate planning and heirship strategies probably influenced Pericles, on his part (cf. Plut. Pericles 16.3–4), for he already had legitimate sons born from his first wife and had no need of another full-fledged marriage. Despite the affection with which Pericles treated Aspasia (Plut. Pericles 24.5–6), he does not seem to have made any arrangements for her future after his death. Lysicles, in turn, who is reported to have married Aspasia, probably regarded a connection with her as a “dynastic marriage” linking himself in this way with the deceased [End Page 648] Pericles. Aspasia made the best of her situation, attempting to bridge the gap between notoriety and respectability: she seems to have confined her attentions to only one man at a time and bore sons whose parentage was never doubted.The very existence of Poristes (“Provider”), the son of Aspasia and Lysicles, is questioned by Henry (43) who suggests that word was used of Aspasia herself. I think it is at least as likely that Lysicles chose his son’s name as his own epithet to refer to his fatherly concern for the Athenians, much the way that the names of Themistocles’ children testify to their father’s political interests. Furthermore, although Henry does not refer to the larger sweep of women’s history, Aspasia lived during the Peloponnesian War, a watershed in the history of Athenian women, when on account of the absence of men at war and the desertion of slaves, the luxury of secluding respectable women had to yield to harsh necessity (see Sarah B. Pomeroy, Goddesses, Whores, Wives, and Slaves [New York, 1975] 66–67). Therefore the traditions that Aspasia lived in the same household with Pericles’ married sons and their wives and that she conversed with married women are believable.In chapter 2, “The Story Told by Comedy,” Henry rejects the testimony of the comic poets, found also in Plutarch (Pericles 24.5), that Aspasia ran a brothel. Yet since her concubinage is evidence of the lack of a dowry, it would have been advantageous for Aspasia to arrange... (shrink)

This book contains contributions by leading scholars from the fields of history, international relations, law, and philosophy. It includes novel research findings on the crusades, detention and interrogation policies in Northern Ireland, the Chechnya conflict, and the impact of Western detention policies on Al-Qaeda's tactics and narratives.

This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it argues (...) that the POW camp was a space of indifference that was determined by the legal exclusion of prisoners from both war and persecution. Held behind the stage of world events, prisoners were neither able to exercise their legal agency nor released from law into a realm of extra-legal violence. Through a close reading of Levinas’s early concept of the ‘there is’ [il y a], the article seeks to establish the impact on prisoners of prolonged confinement in such a space. It sets out how prisoners’ subjectivity dissolved in the absence of meaningful relations with others and identifies the POW camp as a space in which existence was reduced to indeterminate, impersonal being. (shrink)

Vladimir Putin’s legitimation of Russia’s brutal war of aggression against Ukraine raises questions about traditional understandings of nation and empire. Should we contrast the two in terms of values and practices? In this case, Putin uses both nationalist and Imperialist rhetoric to justify his actions. My essay questions how we understand nation and empire using the example of the Austro-Hungarian Empire. How did this empire develop laws, institutions and administrative practices to manage conflicts and claims around language use and nationalism? (...) How did Austria’s governments rule a multi-lingual, multi-confessional society effectively, without resorting to brutal policies of nationalization? When nationalist conflicts arose in different settings, how and why did they originate? I conclude that in European terms, Imperial Austria and even nationalist Hungary apparently managed daily-life issues around diverse language use and religious practice far more humanely and effectively than did the successor nation states after 1918. (shrink)

England, known as “the empire without sun settling down” and being among the final winners of the World War I (1914-1918), had one of the heaviest defeats of its history against the Ottoman Empire in the Kut al-Amara, which happened on 29 April 1916 close to Baghdad. Following the defeat of Kut al-Amara, which was the most important war trauma for England during the World War I, the Turks and Germans, as winner side of the battle were evaluated by British (...) prisoners from military, political, cultural and socio-psychological aspects in their memories. Content analysis method is used in the article for qualitative evalution of the data related to the Turkish and German image reflected in the memories of British prisoners after the siege of Kut al-Amara. The alliance between Turks and Germans is regarded as contrast in terms of important elements as national and ethnic identity, language, religion and culture in the main sources of the research as My Compain by Charles Townshend, Besieged in Kut and After by Barber, A Kut Prisoner by Bishop, In Kut and Captivity with the Sixth Indian Division by Sandes, The Secrets of a Kuttite by Mousley which occationally use exaggerated language and the subjective information due to the impact of traumatic defeat.Summary: Being a heroic epic in the war history of Turkey, Kūt al-‘Amāra has been the subject of very fewer researches until recently, despite its importance in Turkey’s history. This argument is supported by the fact that the memoirs by Ottoman soldiers related to the WWI, which also encompass information about Kūt al-‘Amāra, were published half a century after the war at the earliest. Unlike the records of Turkish soldiers participating in Kūt al-‘Amāra, the memoirs and the war diaries of British soldiers were published shortly after the war, as early as possible, between the years of 1918-1921. The authors of these memoirs and war diaries informed the public on the reasons for the defeat of Kūt al-‘Amāra on the one hand, and on the other hand created the Ottoman and Turkish image which was concidered differently in the British society in terms of culture and civilization. They also strengthened this image over that of German’s, with whom they shared many common values despite the fact that they represented the opposite fronts of the war.It is worthy mentioning that the role of the Ottoman army in the victory of Kūt al-‘Amāra was highly underestimated by the memoirs of the British prisoners. According to the authors, it is not the Turkish army that has achieved real victories over the British, but Germany’s support, notably General von der Goltz, the great strategist of Europe. The effects of bad weather conditions and geographical situation are also emphasized among the reasons of the defeat of Kūt al-‘Amāra. Consequently, the success of the Turkish army in the victory of Kūt al-‘Amāra was ignored, except for the role of Halil Pasha. The image of an army that knows the trench and defence techniques well, but fails to attack is one of the prominent evaluations in the memoirs related to the Turkish military characteristics.The British prisoners of war, who evaluate the Turkish and German image through the economic and political situation, draw a very desperate picture of the situation of the Turks in the mentioned areas. According to this image, corruption and bribery prevails at every stage of the Turkish government. The Turks are unable to repay their dept to Germany, which dominates the economy of the country completely. According to these records, besides ordinary people, the army is also facing great difficulties in meeting basic requirements. To convert the Ottoman Empire into their own property and keep the Turks under their control in military, economic and political spheres, the Germans lend a high amount of money.On the basis of Turkish soldiers encountered in Kūt al-‘Amāra, the British prisoners characterizes the Turks as physically large, hard and strong-bodied people. The authors also note that the Turks are not as cold-blooded, calm and obedient as they seem at first sight, rather they become rude people when they get angry. Another feature that British prisoners evaluate as a potential of the Turks, is their childish spirit. In as much as they are happy with small things and can be offended by small things. According to the memoirs, the Germans should not be allowed to benefit from these characteristics of the Turks, but the British should take the advantage of their potential power.The moral characteristics of the Turks and the Germans are among the most emphasized subjects. Written in exceptional time such as war, sometimes the diaries include exaggerated and sentimental phrases related to the moral attitudes enemy soldiers exhibited during siege, as well as captivity. Turks are regarded as negligent and careless rather than cruel or ruthless. They owe these characteristics to their Eastern identity, which is different from the Europeans having virtues such as task responsibility and diligence. The moral characteristic of the Turks regarding the duty, responsibility and kindness is evaluated comparatively with the civilized and humanistic behaviors of the Germans towards the prisoners. Being Europeans, the Germans often come to the fore because of their more polite treatment towards the British prisoners. Although the Germans as an enemy fought against the British on the front, they were kind to them in the Ottoman territories as the only civilized people among the barbarian peoples of the East.The Turks and the Germans are compared in the field of education, as well as other areas of development. The authors emphasize that the education level of the Turks is very low; Armenian and Greek subjects of the Empire are its brain and financial resources, which is the reason why the Turks are anxious about them. The Germans have the superiority in both transportation and communication technology in the Ottoman territories. One of the reasons they had a huge investment on the Ottoman territories is the Berlin-Istanbul-Baghdad-Basra railway. The British prisoners give details on the German communication technology they encountered during both the battle and the captivity days in Anatolia. In addition to the transport and communication technology, they also record much German-made military equipment, from weapons to maps.Evaluating the Turks and the Germans as opposites, the British prisoners draw an image for the latter, with whom they share a common cultural legacy, as a fully equipped enemy in terms of technology and strategy on the front, and the civilized Europeans characterized with their virtue in non-war situations. On the contrary, the Turks are described as a strong defender and daredevil soldiers on the front line, but strategically weak on the front. In terms of duties and responsibilities, the Turkish soldiers are presented with negligent and irresponsible approach towards their prisoners. The images of the Turks and the Germans, which are compared by the British prisoners, are often based on their Eastern and Western identity. The Turks symbolize the East with economic, political and cultural backwardness, yet quite the contrary, the Germans symbolize the West in terms of development, modernity and civilization. The British prisoners sometimes used exaggerated expressions in their approaches regarding both sides, as well as different details in terms of information and interpretation about the same event, due to the trauma of defeat. (shrink)

During the Italian campaigns of the French Revolutionary Wars (1796–1801), several epidemic outbreaks sparked acrimonious aetiological debates: were the fevers spread by soldiers and prisoners of war, or produced by environmental factors? This debate was not only a scientific issue, but also a political one, for causation was linked to accountability. Looking at a series of medical investigations written by French military practitioners, this paper argues that theories of contagion were used by civilians to accuse the army of spreading (...) disease, in what I describe as an “aetiology of blame.” Likewise, military officials attempted to absolve themselves of responsibility for the spread of disease by focusing on unwholesome environments, depicting diseases as unavoidable fatalities. Military doctors thus supported French imperial endeavours by obscuring the army's responsibility for the spread of diseases, putting forward aetiologies of fate and blaming individual behaviour. Even when they did not radically dismiss contagionist perspectives, military practitioners insisted on a wide range of pathogenic causes. Their discourses were in line with medical theories of the time, but they downplayed the responsibility of the army for the spread of diseases, which they depicted as a factor among others. Military doctors were thus not always involved in the direct and deliberate production of ignorance, but they did sustain controversies and uncertainty. (shrink)

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, (...) crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation. (shrink)

During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article seeks to explain this most astonishing circumstance. It begins by collating the references to the experiences of Western Jewish POWs from the historical literature to provide a hitherto-unseen overview of their treatment (...) in captivity. It then asks what made their protection from persecution possible. To this end, it explores Germany’s wider motivations for its selective application of the Geneva Convention and highlights the role that military identity played in making its application seem necessary for all POWs from the Western front, including Jewish POWs. (shrink)

Allowing prisoners of war (POW) to be released on parole ceased to be practiced in early XX century, although for centuries it was quite common in European warfare. In this article I argue there are several powerful moral reasons to reinstate POW parole: the well- being of POW and their families, but also a chance to address the previously intractable problem of surrender to aircraft and autonomous weapons. I also argue that there are no good moral reasons not to (...) allow POW to accept parole, and that the reasons commonly put forward against the practice of parole are usually informed by antiquated and flawed ethical attitudes. I subsequently offer solutions for overcoming the practical obstacles to reinstating the practice of parole utilizing commonly available technology and self-enforcing diplomatic arrangements. I provide a detailed outline of such arrangements, addressing a number of possible objections and testing the model against several hypothetical scenarios. (shrink)

United States military medical ethics evolved during its involvement in two recent wars, Gulf War I (1990–1991) and the War on Terror (2001–). Norms of conduct for military clinicians with regard to the treatment of prisoners of war and the administration of non-therapeutic bioactive agents to soldiers were set aside because of the sense of being in a ‘new kind of war’. Concurrently, the use of radioactive metal in weaponry and the ability to measure the health consequences of trade (...) embargos on vulnerable civilians occasioned new concerns about the health effects of war on soldiers, their offspring, and civilians living on battlefields. Civilian medical societies and medical ethicists fitfully engaged the evolving nature of the medical ethics issues and policy changes during these wars. Medical codes of professionalism have not been substantively updated and procedures for accountability for new kinds of abuses of medical ethics are not established. Looking to the future, medicine and medical ethics have not articulated a vision for an ongoing military-civilian dialogue to ensure that standards of medical ethics do not evolve simply in accord with military exigency. (shrink)

It's too easy to say of Mai '68 that the police are incurious while protesters are curious, that administrators are incurious and students are curious. A more honest assessment of these moments, striated as they are with social tensions, would identify at least two modes of inquiry and two sets of questions vying for dominance: the one located on the side of the status quo, the other on the side of change. In what follows, I provide historico-theoretical resources to justify (...) that assessment. I first review Michel Foucault and Jacques Ranciere's theories of the police, identifying the incipient role of curiosity in their accounts both of resistance and of power and the police. I then turn to the Prisons Information Group (GIP), where I trace the clear clash between state curiosity as implemented by police and resistant curiosity as practiced by GIP activists. Finally, in light of this clash, I explore implications for interpreting Mai '68 and Black Lives Matter as instances of curiosities at war. (shrink)

This paper analyses the role of remorse and apology in international criminal trials by juxtaposing two prominent cases of convicted war criminals Biljana Plavšić and Esad Landžo. Plavšić was the first and only Bosnian Serb political leader to plead guilty before the International Criminal Tribunal for the former Yugoslavia. Her acknowledgement of guilt and purported remorse expressed during her ICTY proceedings was celebrated as a milestone for both the ICTY and the Balkans. However, she later retracted her remorse while serving (...) her prison sentence. Landžo was a guard at the notorious Čelebići detention camp and did not acknowledge his guilt publicly during his ICTY trial. Seven years after his release from prison, Landžo personally confronted survivors and apologised to them. Through comparison of these two widely different cases, we illustrate varying roles criminal trials can play in offender’s reflection on his/her crimes and how relevance and resonance of war criminal’s remorse in and outside of the courtroom depend on how remorse is expressed and to whom. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

In recent years, ethical concerns have emerged among psychologists, psychiatrists, and physicians about interrogating inmates detained at U.S. military prison camps, such as Guantanamo Bay, or consulting on such interrogations. These concerns have escalated to levels necessitating the three major associations—the American Psychological Association, the American Psychiatric Association, and the American Medical Association—to formulate position statements on these issues. Within the psychological community, two divergent schools of thought have developed, and this article explores the role of psychologists in these types (...) of interrogations and the related ethical concerns. Specifically, this article provides an overview of psychologists' roles in this area, presents an analysis of the ethical guidelines, discusses the implications of the American Psychological Association's position statement, and offers suggestions to reconcile the current ethical debate. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in (...) a far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

This article investigates the textual strategies with which Maeve Murphy's Silent Grace addresses viewers in contemporary Northern Ireland. Borrowing Eric Santner's concept of `narrative fetishism', the analysis examines how the film's representation of the past obscures the historical realities experienced by female political prisoners in Armagh jail in the late 1970s and early 1980s. From this standpoint, its ethical relation to historical `truth' and responsibilities to its local audience are debated.

Palace of the End is a dense triptych of monologues exploring alternative narratives - albeit based in real facts - behind the events and the headlines surrounding the war in Iraq. Borrowing its title from the former royal palace where Saddam Hussein’s torture chamber was located, Thompson’s docudrama is structured as a chain of monologues telling three real-life stories set in the context of the war in Iraq. The play conveys three unconventional interpretations of the realities of war: that of (...) a young American soldier convicted for her misconduct at Abu Ghraib, the prison that stands as one of the most controversial symbols of the American-led Iraq invasion; a British scientist and weapons inspector who denounces what he understands as the false arguments given by his country’s leaders for engaging in a distant war; and an Iraqi mother whose life was shattered firstly by Saddam Hussein’s authoritarian regime, and later by the American first Gulf War. Each story is an enthralling and gut-wrenching reflection of one of the contemporary world’s most studied and controversial conflicts. The play gives voice to three different kinds of war victims, insofar as their political subjectivities and their moral conundrums are concerned. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CHARITY LOST: TBE SECtJLA'.RIZATfON OF THE PRINCIPLE OF DOUBLE EFFECT IN THE JUST-WAR TRADITION TIMOTHY M. RENICK Georgia State University Atlanta, Georgia 0 N AUGUST 12, 1945, the city of Hiroshima still smoldered, and President Harry Truman addressed the American people : We have used [the atomic bomb] against those who have attacked us without warning at Pearl Harbor, against those who have starved and beaten and executed American (...) prisoners of war, against those who have abandoned all pretense of obeying international laws of warfare. We have used it in order to shorten the agony of war.1 Truman and his military advisers had made a calculation. Japan was preparing for a last-ditch defense of the Japanese Islands. The prospect was ominous, to say the least. The United States had suffered eighty thousand casualties in the taking of the smaller and less protected Okinawa just two months earlier; 120,000 Japanese soldiers had been killed (and only ten-thousand taken prisoner). Strategists estimated that losses, both military and civilian, from a full scale battle for Japan itself would exceed one million. Surely the tens of thousands killed by exploding a bomb over Hiroshima was the lesser evil. Surely this was a proportionate act : fifty thousand lives traded for a million. As Winston Churchill wrote in support of Truman's decision: "To avert a vast, indefinite butchery... at the cost of a few explosions seemed, after all our toils and perils, a miracle of deliverance." 2 1 Michael Walzer, lust and Unjust Wars (New York: Basic Books, 1979), p.164. 2 Ibid., pp. 266-267. 441 442 TIMOTHY M. RENICK From an ethical perspective, however, the act was anything but a deliverance. I am not alone in this assessment. Advocates of the just-war tradition including Elizabeth Anscombe, Paul Ramsey, George Kennan, John Langan, and Michael Walzer have condemned the bombing of Hiroshima by means of a shared just-war argument.8 The argument goes as follows, and it is a good one. In times of war, many actions are likely to have both good and evil effects. One destroys an enemy's munitions factory (good effect) but kills an innocent child in the process (evil effect). The jus in bello of the just-war tradition, however, stipulates that an action which has a " double effect " is permissible if and only if: ( 1) it is discriminate (i.e., the actor aims only at the good effect and does not intend the evil effect, nor is the evil effect a means to the end, however good); and (2) it is proportionate (i.e., the good created by the act outweighs the bad).4 Now, the argument continues, Truman's decision to bomb Hiroshima failed the first criterion. It was not a discriminate act because the evil effect (the killing of tens of thousands of Japanese civilians) was not unintended. In fact, the evil was the very means to the good end. Although Truman himself claimed to have selected Hiroshima as a target because it was "a war s See, for example, G. E. M. Anscombe, "Mr. Truman's Decision," in Ethics, Religion and Politics (Minneapolis, Minn.: University of Minnesota, 1981); M. Walzer "Supreme Emergency," in Just and Unjust Wars; and John Langan, "The American Hierarchy and Nuclear Weapons," Theological Studies 43 (1982) : 447-467. ' I utilize here a helpful shorthand version of the principle of double effect introduced by Paul Ramsey in War and the Christian Conscience (Durham, North Carolina: Duke, 1961). More frequently, the principle is rendered by means of four criteria: It is permissible to perform an act likely to have evil consequences if and only if (I) the act is good in itself or at least indifferent; (2) the direct effect is morally justified; (3) the actor aims only at the acceptable effect and does not intend the evil effect, nor is the evil effect a means to the end, however good ; and (4) there is in the good effect a proportionately grave reason for permitting the evil effect. The shortened version of the theory captures all components essential to my discussion and enhances clarity. I thus will make use of it throughout this essay. CHARITY AND... (shrink)

War captivity is an extreme traumatic experience typically involving exposure to repeated stressors, including torture, isolation, and humiliation. Captives are flung from their previous known world into an unfamiliar reality in which their state of consciousness may undergo significant change. In the present study extensive interviews were conducted with fifteen Israeli former prisoners of war who fell captive during the 1973 Yom Kippur war with the goal of examining the architecture of human thought in subjects lacking a sense of (...) body (disembodiment) as a result of confinement and isolation. Analysis of the interviews revealed that threats to a normal sense of body often lead to a loss of the sense of time as an objective dimension. Evidence suggests that the loss of the sense of body and the loss of the sense of time are in fact connected; that is, they collapse together. This breakdown in turn results in a collapse of the sense of self. (shrink)

One of the most visible symbols of the debate over human rights and national security in the context of the U.S. "War on Terrorism" has been the detainment of Taliban and Al Qaeda fighters at the U.S. naval base in Guantanamo Bay, Cuba, following the U.S. war in Afghanistan. The controversy concerning the fate of the nearly 600 prisoners demonstrates the emergence of new modes of democratic deliberation over how to strike the balance between rights and security. These new (...) modes of deliberation involve nongovernmental organizations and individuals who function as norm entrepreneurs, by mobilizing public opinion through transnational networks of opinion-makers and policymakers. Transnational networks of norm entrepreneurs have emerged where traditional avenues for foreign policymaking in the U.S. have failed to create a space for meaningful consideration of human rights in the rights/security balance. These traditional avenues are envisioned in the Constitution, which gives the President authority regarding foreign affairs, bounded by checks provided to Congress and the courts. While the goal of the constitutional process is to bring these institutional players into a dialogue, Congress and the judiciary have failed to engage the President in a conversation regarding the balance between human rights and national security. In the absence of initiatives by the government, nongovernmental actors have used communication structures within transnational networks to promote what this Article calls a dialogic approach to enforcement of human rights law. (shrink)

Medieval Muslim scholars unequivocally prohibited the torture of prisoners of war out of a concern for maintaining theoretical constructs about the boundaries of the Muslim and non-Muslim communities. Muslim scholars worried that the torturing prisoners of war would compromise values and ideals predicated on such constructs, and that the demands of citizenship trumped any benefit to the Muslim community that might accrue from torture.

In this commentary, we set out the specifics of how Glowacki's game theoretical framework for the evolution of peace could be incorporated within broader cultural evolutionary approaches. We outline a formal proposal for prisoner's dilemma games investigating raid-based conflict. We also centre an ethnographic lens to understand the norms surrounding war and peace in intergroup interactions in small-scale communities.

The concubines, with whom the sultans lived a family life, were classified according to a certain hierarchy in the Harem. The first wives of the sultan and those who gave birth were called Kadınefendi. The other wives with a lower status than the Kadınefendi wives were called Ikbal Hanımefendi. According to Islamic law, marriage with a concubine is not like a marriage with a free woman. If a marriage is desired, the concubine must be freed. Until the 19th century, sultans (...) did not marry their concubines for a few exceptions. In the 19th century, the legal status of concubines in the Ottoman Empire became controversial. The countries of origine changed when the Ottoman Empire was unable to conquer new territory. Consequently, the enslavement procedure of prisoners of war disappeared. Instead, Caucasian immigrants, who had to leave their homeland mainly due to the Russian attacks, gave their daughters to the Ottoman palace so that they would not suffer misery and could reach important positions in the future. Among these were orphans from poor families as well as those from noble Caucasian dynasties. Even though the young women in the palace were called concubines, at least some of them were free/Muslim persons. This meant, that they could not be enslaved according to Islamic law. Although there was no problem for those who served in the palace, a remarkable situation emerged for the would-be spouses of the sultan. Could a woman from a free and Muslim family be the sultan's wife without a marriage bond? Was the limitation of the Kadınefendi numbers to four (in times of Sultan Abdülaziz) due to the Islamic law principle, that a man could marry maximum four wives? Was there a marriage ceremony (nikāh) for Kadınefendi wives? What was the situation of the Ikbal? Satisfactory answers to these questions have not been given yet. However, there are no official records it was claimed that lately sultans married especially their concubines who were Abkhaz descendants and included them among their wives in this way, because they were free and Muslims. Thus, the matter whether Sultan Abdülhamid II's wives were concubines or wedded became the subject of some research today. Memoires claim that almost all of Sultan Abdülhamid's wives were free and of Muslim origin. According to this, it was said that the wives of Sultan Abdülhamid could not have the status of the concubine and that their relationship should have been by marriage. On the other hand, considering that a maximum of four women can be married according to Islamic law, the marriage of the Sultan, who had thirteen wives, raised juristic questions. This problem was most clearly seen in the inheritance case filed by his heirs after the death of Sultan Abdülhamid. In this case, where it was claimed that Sultan Abdülhamid was married to nine wives, no objection was made to that claim. In this study, information about the wives of Sultan Abdülhamid and their legal status was tried to be determined through the documents related to their salaries during the 2nd Constitutional Era. Besides, the issue of nine wedded women, which emerged in the case of Sultan Abdülhamid's inheritance, was evaluated in terms of fiqh (Islamic jurisprudence). Sultan Abdülhamid was never accused of marriages contrary to Islamic law by his opponents during and after his reign. From this point of view, it can be said that there was no situation contrary to Islamic law regarding the Sultan's harem at that time. This might be due to three possibilities: Firstly, some wives have concealed the truth in the court, which is the weakest possibility according to the data obtained. Secondly, the talaq (divorcement) was hidden by Sultan Abdülhamid and his wives were not aware of it. This possibility has been found to be problematic when evaluated in terms of Hanafi fiqh. Thirdly, the practice of al-nikāh al-tanazzuhī (marriage performed in order to avoid from fornication). Considering the correspondence between the state departments in the period starting with the 2nd Constitutional Monarchy and until the Republic, it is clear that the Kadınefendis were regarded as married wives (their number was limited to four), while the Ikbals were regarded as concubines. From this point of view, it is thought that the most plausible possibility is that the Ikbals were regarded as concubines and their marriages were al-nikāh al-tanazzuhī. (shrink)

In describing his seven and a half years as a prisoner of war in North Vietnam, the late Vice Admiral James B. Stockdale has said: "In that atmosphere of death and hopelessness, stripped of the niceties, the amenities of civilization, my ideas on life and leadership crystallized." Despite torture, intimidation, and isolation, Stockdale fulfilled his duties as senior officer among the prisoners with intelligence and courage, defining rules of conduct and maintaining morale. He often described the intense pressures of (...) that situation as a "melting" experience, in which preconceived feelings, fears, and bias melt as one comes to realize that, under the gun, you must grow or fail—or, in some cases, grow or die. This collection of his essays and speeches from the 1980s and 1990s reinforces how that experience formed a lifelong basis for his philosophical thought on issues of character, leadership, integrity, personal and public virtue, and ethics. The selections in this volume all reflect, in one way or another, a central theme: how man can rise with dignity to prevail in the face of adversity. (shrink)

Total war continues to be a topic of debate and research in modern conflicts.Technological inventions and the interconnectedness of the global community amplifythe effect of the consequences of warfare. We reexamine the totality of modern armedconflicts through an analysis of the achievement and level of destruction that pose newethical, legal and political challenges. The author answers the questions about: the deeppsychological and political implications that extend beyond the battlefield that transmitin depth and encompass the entire (global) society. We define total (...) war through thecriteria of: intentional targeting of civilians, civilian resources and infrastructure andthe firm control of the population’s behavior through the installation of fear, hatred andtrauma; through the political attempt through the war to gain and consolidate supportamong the people, entailing debates about civil liberties and erosion of democratic principles;the treatment of prisoners and the mass executions of the adversary as well as ourown insufficiently motivated forces and ideologically unfit population; and a possiblecataclysmic scenario of the use of atomic weapons. The analysis emphasizes the complexroles of traditionally non-combatant categories and new technologies and doctrines andtheir impact on the totality of warfare. The position remains that total war is an idealconcept, but also the unanswered question if there are atypicalities of that concept,which is the deviation from the benchmark for how limited the war and its constituentelements are instead of total. The research concludes that total war changes cultures,geopolitical views and international relations, and that its legacy changes the course ofhistory for generations to come. (shrink)

Beata Halicka's masterly narrated biography is the story of an extraordinary man and leading intellectual in the Polish-American community. Z. Anthony Kruszewski was first a Polish scout fighting in World War II against the Nazi occupiers, then Prisoner of War/Displaced Person in Western Europe. He stranded as a penniless immigrant in post-war America and eventually became a world-renowned academic. Kruszewski's almost incredible life stands out from his entire generation. His story is a microcosm of the 20th-century history, covering various theatres (...) and incorporating key events and individuals. Kruszewski walks a stage very few people have even stood on, both as an eye-witness at the centre of the Second World War, and later as vice-president of the Polish American Congress, and a professor and political scientist at world-class universities in the USA. Not only did he become a pioneer and a leading figure in Borderland Studies, but he is a borderlander in every sense of the word. (shrink)

There are several strong moral reasons for restoring the practice of parole for prisoners of war (POWs), that is, allowing them to spend their POW internment in a neutral country or in their own country provided they abstain from any military activity. This article makes an ethical case for parole, while discussing thoroughly theoretical as well as practical arguments against its reintroduction. The article suggests ways to create a reliable, internationally recognized way of paroling POWs. It concludes that the (...) reintroduction of parole as such is both ethically required and practically possible, and that it would reduce the needless suffering among POWs that exists under a system that does not allow for parole. (shrink)

Background Post-September 11, 2001, the U.S. government has labeled thousands of Afghan war detainees "unlawful combatants". This label effectively deprives these detainees of the protection they would receive as "prisoners of war" under international humanitarian law. Reports have emerged that indicate that thousands of detainees being held in secret military facilities outside the United States are being subjected to questionable "stress and duress" interrogation tactics by U.S. authorities. If true, American military physicians could be inadvertently becoming complicit in detainee (...) abuse. Moreover, the American government's openly negative views towards such detainees could result in military physicians not wanting to provide reasonable care to detainees, despite it being their ethical duty to do so. Discussion This paper assesses the physician's obligations to treat war detainees in the light of relevant instruments of international humanitarian law and medical ethics. It briefly outlines how detainee abuse flourished in apartheid South Africa when state physicians became morally detached from the interests of their detainee patients. I caution U.S physicians not to let the same mindset befall them. I urge the U.S. medical community to advocate for detainee rights in the U.S, regardless of the political culture the detainee emerged from. I offer recommendations to U.S physicians facing dual loyalty conflicts of interest in the "war on terror". Summary If U.S. physicians are faced with a conflict of interest between following national policies or international principles of humanitarian law and medical ethics, they should opt to adhere to the latter when treating war detainees. It is important for the U.S. medical community to speak out against possible detainee abuse by the U.S. government. (shrink)

Palace of the End is a dense triptych of monologues exploring alternative narratives - albeit based in real facts - behind the events and the headlines surrounding the war in Iraq. Borrowing its title from the former royal palace where Saddam Hussein’s torture chamber was located, Thompson’s docudrama is structured as a chain of monologues telling three real-life stories set in the context of the war in Iraq. The play conveys three unconventional interpretations of the realities of war: that of (...) a young American soldier convicted for her misconduct at Abu Ghraib, the prison that stands as one of the most controversial symbols of the American-led Iraq invasion; a British scientist and weapons inspector who denounces what he understands as the false arguments given by his country’s leaders for engaging in a distant war; and an Iraqi mother whose life was shattered firstly by Saddam Hussein’s authoritarian regime, and later by the American first Gulf War. Each story is an enthralling and gut-wrenching reflection of one of the contemporary world’s most studied and controversial conflicts. The play gives voice to three different kinds of war victims, insofar as their political subjectivities and their moral conundrums are concerned. (shrink)