Leveringhaus, Alexander Christoph
(2010)
Killing to rescue?: liberal political theory, non-consequentialist ethics and military humanitarian intervention.
PhD thesis, London School of Economics and Political Science.
Abstract
This thesis offers a philosophical defence of military humanitarian intervention
(MHI). To do so, it develops the ‘other-defensive conception’ of MHI. The other-
defensive conception of MHI draws an analogy between so-called rescue killings in
domestic society and MHI. In a domestic rescue killing, a rescuer defends a victim
against an unjust aggressor. In fact, the thesis argues that the rescuer has a right to
intervene on behalf of the victim. This right is correlated to a negative duty falling
upon the attacker not to resist the intervention. By analogy, a state that is guilty of
committing Atrocity Crimes against those under its rule forfeits its equal sovereign
standing in international society. As a result, an intervening state does not violate
negative duties not to aggress the ‘target’ state. Further, like a rescuer in a domestic
rescue killing, the intervening state is holder of a (moral) right to intervene. The latter
obliges the target state not to resist the intervention. The thesis supports this claim
through two additional arguments. First, it argues that because Atrocity Crimes
constitute grave moral evils, a military response to them is proportionate. Second,
states that commit Atrocity Crimes do not perform their sovereign function of
preserving the peace amongst those under their rule. Accordingly, the purpose of
MHI is not merely to halt Atrocity Crimes, but also to reconstruct stable political
institutions in the target state. On this basis the thesis explores the following four
issues: 1) the relationship between the declaration of war and its conduct, 2) the
problem of non-combatant immunity, 3) the foundation of a duty to intervene, and
4) the ethics of humanitarian occupation. In doings so, it offers a comprehensive
discussion of central problems in contemporary just war theory and the ethics of
killing and saving.
Actions (login required)
 |
Record administration - authorised staff only |
Download statistics
Download statistics