In this paper I develop an argument to the effect that humanitarian moral interventions,
far from being inconsistent with the normative framework of just war, fit in very well with
the justifying conditions of this framework. The argument develops by considering three
objections against humanitarian military interventions, emanating from just war criteria.
The criteria in question are just authority, just cause, and non-combatant immunity. It
will be argued that while just authority logically depends on just cause and has no
independent argumentative force of its own, the criterion of just cause should be
understood to include a defence of human rights or vital human interests and not only of
national sovereignty. As for the criterion of non-combatant immunity, it will be argued
that the unintended killing or injuring of innocent non-combatants can be dealt with by
means of a modified version of the doctrine of double effect. Moreover, the moral
responsibility for unintended innocent victims of an intervention should rest with the
repressive regimes that made the intervention necessary in the first place. By relating
humanitarian military interventions to the criteria of just war and to human rights, the
argument developed here places the justification of such interventions at the centre of
contemporary moral discourse.
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Per
2011. Vol. 1, p. 23-42