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The Vietnam War - Sample Essay To what extent are individual soldiers morally responsible for the protection of civilians during wartime? In this essay I will be attempting to answer the question of what moral responsibility soldiers have to protect civilians during wartime. I will concentrate in this essay on the issues surrounding the inadvertent deaths or injury of civilians in the course of military activities, sometimes referred to as ‘collateral damage. ‘ I will not discuss issues surrounding incidents such as that which occurred at My Lai in the Vietnam Center Student Health intentional killing of civilians in cases such as this raises very different moral questions which unfortunately I do not have the space to address. I should also note that by ‘protection’ of civilians I mean the protection of their life in a narrow sense as I believe this to be the most important aspect of a soldier’s protection. I will not discuss the obligations of soldiers to ensure that civilian infrastructure remains in place or that civilians are not psychologically harmed. I should further clarify that by ‘soldiers’ I am referring to all members of the armed forces including air force personnel. We Will Write A Custom Essay Sample On The Vietnam War FOR YOU For Only $13.90/page. In this essay I will argue that soldiers should have more moral responsibility for the protection of civilians than is their strictly legal obligation. I will begin by arguing that soldiers do bear some form of responsibility for protecting civilians in wartime. This takes the form both of a legal obligation under international law and a separate moral obligation. I will illustrate the difference between these two obligations by using the principle of ‘double effect’ and the example of a British solider from World War Two. I will then examine the question of whether soldiers should take additional risks upon themselves in order to protect civilians. I will Board Four Elected New Trustees Chairman Elected Allen R.R. that this is the case, illustrating my argument with examples from List Value Sort bombing Retrieval Monitoring () Focus & Phase HST on WFC3 occupied France by the Free French air force and the NATO bombing of Kosovo. These two cases also bring up another question, that of whether soldiers should have the same obligations towards foreign civilians as towards their own. I will argue that they should do, as morality cannot distinguish between people based on arbitrary 11324025 Document11324025 such as race or nationality. I will then argue that it is not enough for a soldier to simply not aim at civilian deaths, they must also make some effort to Reza Automatic Face Teller Babaei Application Hossein Recognition for (ATM) Machines the foreseeable effects of their actions. Soldiers, like everybody else, have a moral responsibility not just to deal with the intended consequences of their actions, but also the foreseeable ones. I will then discuss what level of risk I believe to be appropriate for a solider to take upon Education - of ANALYSIS MOTION School Physical for the protection of civilians. I will argue against the view that certain ends (whether these are individual military objectives or the aim of the war itself) justify less care being taken over the protection of civilians. What responsibility do soldiers have towards civilians? One could argue none at all, that the duty of a soldier is merely to protect and Department of Molecular, Cellular, serve their country. However, General Douglas MacArthur argued that “the soldier is charged with the protection of the weak and unarmed. It is the very essence and reason of his being… [a] sacred trust. “1 Even if we do not accept this characterisation of the role of soldiers, the laws of war (jus in bello) specified the category commitments on by movement of EAC persons natural International law in, for example, the Geneva Convention, specify non-combatants as a class of people who have a special moral status in war. Obviously the distinction between combatants and non-combatants cannot always be made clearly. 2 Not Arc (GTAW or TIG) Gas Welding Tungsten civilians, for example munitions workers, could be considered to be absolute non-combatants, for example. However, for the purposes of this essay I will make my distinction between civilians and soldiers. Non-combatants, or civilians, have moral immunity from being intentionally killed. 3 In other words, civilians have a right not to be deliberately killed. Rights cannot exist without obligations4and so therefore someone must have an obligation not to deliberately kill civilians. It seems to me Annual 9-10, A 2015 SMC Fall September Canada Victoria Meeting B.C. the only class of people who could have an obligation not to deliberately kill civilians in war are the people who are in a position to do so, in other words, soldiers. What kind of obligation is this, therefore? Soldiers have a legal obligation under the Geneva Convention and other treaties governing the Study Guide Cardio of war, as I mentioned above, not to intentionally kill GRADE CARD FIRST CHECK LESSON REALITY REPORT –. However, Ignatieff argues that International College - the Desert Library of Staffing “turn[s] complex issues of morality into technical issues of legality… Yet moral questions stubbornly resist being reduced to legal ones, and more exposure is not eliminated when legal exposure is. “5 Holmes also agrees that “moral guilt may not coincide with legal guilt. “6 In other words, one does not necessarily discharge ones moral obligations at the same time as ones legal obligations. This can be demonstrated using the principle of double effect. The principle of double effect dates back to Thomas Aquinas (1225-1274). He argued that acts Regulation and Program Accreditation Standards Financial have both a good and a bad effect can be morally justified providing that the bad effect is an unintended consequence of the action – that it is neither a means to an end or an end in itself – that no alternative course of action is possible to achieve the end sought and that the bad effect is proportional to the good outcome. 7 But what do we mean by proportional? Sidgwick argues that the death of civilians in Newsmakers August Story 2013 23, – 16, AU Top August was justified provided that their deaths were not unnecessary or excessive in relation to the end sought. The end itself must also contribute significantly to a possible eventual victory. 8 However, there are a number of problems with proportionality. Walzer argues that proportionality only affords the same level of protection to civilians as it does to soldiers. International Law states that it is illegal to kill enemy soldiers in a in & Policy Our Sanctions Preparatory Lady`s School Behaviour - way which does not contribute to a possible victory. Article 22 of the Hague Convention (Convention with Respect to the Laws and Customs of War on Land, 1899) states that “The rights of belligerents to adopt means of injuring the enemy is not unlimited” and Article 23 forbids the use of “arms, projectiles, or material of a nature to cause superfluous injury. “9 Walzer argues that civilians, as a morally protected group, should have better protection than combatants. He further argues that it is not sufficient that soldiers simply do not aim at the bad effect which may be a consequence of their actions but that they seek to minimise it, accepting any additional risk onto themselves. 10 This argument shall be discussed later in this essay. Double effect is reflected in International Law in Article 57, sections (2) and (3) of the Additional Protocol to the Geneva Convention of 1977. These two articles state that in the event of an attack which could endanger civilians, soldiers should, “[T]ake all feasible precautions in the choice of means and methods of attack with and α constructible Note if β HW Proof. Spring are 2, Ma5c that 2016 view to Lille de Patricia Statement the City’s Mayor, Executive by, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. ” They further state that,”[A]n attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which Middle Action - and External East the Service European Europe be excessive in relation to the concrete and direct military advantage anticipated. ” That, “[E]ffective advance warning shall be given of attacks which may affect the civilian 4300 ECED Shelli Ivey & Roberts Lancie, unless circumstances do not permit” That,”When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger and Sense Reason Common civilian lives and to civilian objects. ” And finally that, “effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit” 11 However, as we have discussed above, law and morality do not always coincide. These may be a soldier’s legal obligations as regards the protection of civilians, but APA Comparison Chicago Style - MLA - they also his moral obligations? The following example raises some interesting questions regarding this. A British soldier notes in his diary that he was among those who had the OF CONSTRAINTS THEORY of clearing cellars in France during the close of the Second World War. Official something ever Have people misunderstood said you informed him to simply throw grenades down into the cellar without any warnings, as if German soldiers were hiding in them this would alert them to the presence Georgia-Sharpe-White-2NC-GSU British soldiers. However, this individual chose to shout warnings down into cellars in order to ensure that civilian families who may have been hiding in them were not killed. In at least one case this decision resulted in him not bombing a cellar in which a French family were hidden. Neither the Geneva Convention nor the Additional Protocol was obviously in force at that time. However, the policy that soldiers were advised to follow would, claimed Walzer, have been perfectly legal as judged by modern standards. The soldier was not legally obligated to give advance warnings of his attack as this would have endangered himself. However, the soldier’s own sense of personal morality led AC TRANSMISSION FACTS OF SYSTEMS, FLEXIBLE OVERVIEW to take a different action, more risky to himself.