During times of armed conflict, whether characterized as international or non-international, International Humanitarian Law (“IHL”) is applicable. As a body of law, IHL does not question the lawfulness of a conflict (jus ad bellum) but seeks instead to apply humanitarian principles in warfare (jus in bello). IHL recognizes that even war has its limits, irrespective of its cause, and strives to ...

Just War Theory can be found in almost all major cultures. But since war was a business that could not be easily stopped, some aimed to constrain it. In its classic form, Just War Theory has been around for several centuries—ever since nationhood in Europe replaced provincial governments. Having made some introductory considerations, I will ask: should Just War Theory be left as it is, changed,...

In this paper, I will present a Kantian revision of the Doctrine of Double Effect (DDE). In order to do so, I will explain the concept of jus in bello – focusing in particular on the distinction between intent and foresight. I will then argue that we ought to take an agency-inspired look at the DDE. Finally, I will conclude by arguing for my thesis that Boyle’s theory of agency, while good, nee...