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- Title
<italic>The Lesser Evil Dilemma for</italic> Sparing Civilians.
- Authors
Benbaji, Yitzhak
- Abstract
The rule I call ‘Civilian Immunity’ - the rule that prohibits targeting civilians in war - is the heart of the accepted jus in bello code. It prohibits targeting (viz., intentionally killing) civilians in a wide variety of war circumstances. Seth Lazar's brilliant book, <italic>Sparing Civilians</italic>, attempts to defend Civilian Immunity. In this essay I show, first, that his ‘Risky-Killing based argument’ fails to provide civilians with the robust protection <italic>Sparing Civilians</italic> promises. I argue, secondly, that the moral framework that <italic>Sparing Civilians</italic> employs, a moral framework that centralizes the Deontological Clause (stating that one's intentional killing is worse than enabling others to kill), leaves the immunity of civilians against Leaders unexplained.
- Subjects
CIVILIANS in war; NONCOMBATANT immunity; COMBATANTS &; noncombatants (International law); LAZAR, Seth; SPARING Civilians (Book); PROTECTION of civilians in war; CONFERENCES &; conventions
- Publication
Law & Philosophy, 2018, Vol 37, Issue 3, p243
- ISSN
0167-5249
- Publication type
Article
- DOI
10.1007/s10982-017-9312-6