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Articles

Assuming Risk: A Critical Analysis of a Soldier's Duty to Prevent Collateral Casualties

Pages 70-93
Published online: 08 May 2014
 

Recent discussions in the just war literature suggest that soldiers have a duty to assume certain risks in order to protect the lives of all innocent civilians. I challenge this principle of risk by arguing that it is justified neither as a principle that guides the conduct of combat soldiers, nor as a principle that guides commanders in the US military. I demonstrate that the principle of risk fails on the first account because it requires soldiers both to violate their strict duty of obedience and loyalty and to exceed their special obligations to protect their fellow comrades, the state, the state's constituents and other protected civilians. I then illustrate that the principle of risk fails on the second account since it conflicts with the commander's primary obligation to protect and promote the welfare and lives of his or her soldiers. I conclude by arguing that we cannot reasonably expect soldiers and commanders to adhere to the principle of risk until there is a radical, institutional-level transformation of militaristic goals, values, strategies, policies, warrior codes and expectations of service members in the US Armed Forces.

ACKNOWLEDGEMENTS

The author would like to extend a special thank you to Kevin Gibson, who helped her develop this manuscript by proving a number of insightful comments on multiple drafts. In addition, thanks to Kimberly Engels, Jennifer Kiefer Fenton, Susanne Foster, Margaret Urban Walker and Theresa Tobin, who all offered constructive criticism and feedback during a presentation at a workshop for women philosophers at Marquette University. Special thanks are also due to Helen Frowe and Michael Walzer himself, who provided valuable feedback during a presentation of an earlier draft at the 2013 War and Peace as Liberal Arts Conference organized by the Gaede Institute at Westmount College. Finally, thank you kindly to the two unknown reviewers and the editor of Journal of Military Ethics who offered a number of stimulating challenges to this piece.

Additional information

Notes on contributors

Cheryl Abbate

Cheryl E. Abbate is a PhD student and philosophy lecturer at Marquette University in Milwaukee, Wisconsin. She holds a Master's Degree in Philosophy from Colorado State University. Her areas of specialization are nonhuman animal ethics, military ethics and feminist philosophy. Cheryl is also a First Lieutenant and Company Commander in the Army Reserve.

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