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ROUTLEDGE HANDBOOK OF MILITARY ETHICS The Routledge Handbook of Military Ethics is a comprehensive reference work that addresses concerns held in common by the military services of many nations. It attempts to discern both moral dilemmas and clusters of moral principles held in common by all practitioners of this profession, regardless of nation or culture. Comprising chapters by contributors drawn from the four service branches (Army, Navy, Air Force, and Marine Corps), as well as civilian academics specializing in this field, this handbook discusses the relationship of “ethics” in the military setting to applied and professional ethics generally. Leading scholars and senior military practitioners from countries including the U.S., U.K., France, China, Australia, and Japan discuss various national cultural views of the moral dimensions of military service. With reference to the responsibilities of professional orienta- tion and education, as well as the challenges posed by recent technological developments, this handbook examines the difficulties underpinning the fundamental framework of military service. This book will be of much interest to students of military studies, war theory, ethics philosophy, sociology, war and conflict studies, and security studies. George Lucas is Professor of Ethics and Public Policy Emeritus, at the Naval Postgraduate School, Monterey, and Distinguished Chair of Ethics (retired), U.S. Naval Academy, Annapolis. He is author of Military Ethics: What Everyone Needs to Know (2015), Anthropologists in Arms (2009) and editor of Ethics and the Military Profession (2008). This page intentionally left blank ROUTLEDGE HANDBOOK OF MILITARY ETHICS Edited by George Lucas First published 2015 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2015 George R. Lucas, Jr. © 2015 selection and editorial material, George R. Lucas, Jr.; individual chapters, the contributors The right of George R. Lucas, Jr. to be identified as author of the editorial material, and of the individual authors as authors of their contributions, has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Routledge handbook of military ethics/George R. Lucas, Jr., editor; foreword by General Martin E. Dempsey, Chairman, Joint Chiefs of Staff, U.S. Department of Defense. pages cm 1. Military ethics—Handbooks, manuals, etc. 2. War—Moral and ethical aspects—Handbooks, manuals, etc. 3. Just war doctrine—Handbooks, manuals, etc. I. Lucas, George R. U22.R69 2015 174Ј.9355—dc23 2014043539 ISBN: 978-0-415-74368-6 (hbk) ISBN: 978-1-315-81351-6 (ebk) Typeset in Bembo and Minion Pro by Florence Production Ltd, Stoodleigh, Devon, UK CONTENTS Notes on contributors ix Foreword by General Martin E. Dempsey xiv Introduction: On the Very Idea of “Ethics” and a “Military Profession” by George Lucas xvi PART I The Moral Foundations of the Military Profession 1 1 Military Ethics: A Discipline in Crisis 3 Alasdair C. MacIntyre 2 American Military Professions and Their Ethics 15 Colonel Don M. Snider 3 A Profession Like No Other 32 Patricia Cook PART II Jus Ante Bellum: Preparing the Military Profession for its Moral Obligations 45 4 The Ethics of Military Ethics Education 47 Richard Schoonhoven 5 Jus Ante Bellum: Principles of Prewar Conduct 54 Roger Wertheimer 6 Selective Conscientious Objection 69 Paul Robinson v Contents 7 Military Culture and War Crimes 82 Jessica Wolfendale 8 Military Ethics and Character Development 97 Martin L. Cook 9 Ethics in the U.S. Navy 107 Vice Admiral Walter E. Carter, Jr. 10 Effective Democratization and the Development of Moral Competencies in the Armed Forces of African States 113 Alain Fogue Tedom 11 Expeditionary Ethics Education 123 David Whetham PART III Military Ethics and Professionalism Across Nations and Cultures 133 12 Military Ethics in Variant Cultural Traditions: Warrior Codes Revisited 135 Shannon E. French 13 Military Ethics: From Theory to Practice 146 Brigadier General Benoit Royal 14 Military Ethics in Sun Tzu’s The Art of War and its Contemporary Significance 150 Colonel Shang Wei 15 Three Synoptic Views of China’s “People’s Liberation Army” on Military Ethics and Justified War 157 Ping-cheung Lo 16 Japanese Warfare Ethics 163 Vice Admiral Fumio Ota 17 Armed Forces Officership: An International Military Capability 170 Patrick Mileham 18 Military Ethics and Strategy: Senior Commanders, Moral Values, and Cultural Perspectives 181 Shannon Brandt Ford vi Contents 19 Toward a European Code of Conduct for Military and Peacekeeping Forces 194 Second Lieutenants Hakim Bouzid, Pierre Falzon, Eudes Foutel, Malik Ibrahima (Bénin), Quentin Le Goaziou, Sylvain Mve Ongoua (Gabon), and Charles N’Gandy PART IV Contemporary Issues in Ethics and Military Practice 207 20 Ethical Issues in Defense Systems Acquisition 209 Major General Robert Latiff 21 The Revolt of the Generals 220 Colonel Jeffrey D. McCausland 22 Ethical Assessment Up and Down the Civilian-Military Chain of Command 228 Major General Paul D. Eaton 23 The Military Scientist: Deconflicting Moral Responsibilities 235 Thierry Pichevin 24 Military Medical Ethics in War and Peace 248 Michael L. Gross 25 Serving Two Masters: When Professional Ethics Collide with Personal Morality 265 Rebecca J. Johnson 26 The Unlimited Liability Contract and its Effects on Serving Military Personnel 276 Reverend Nikki Coleman 27 The Ethics of the “Don’t Ask, Don’t Tell” Policy and Military Readiness 286 Aaron Belkin 28 The Ethics of Inclusion: Gender Equality, Equal Opportunity, and Sexual Assault in the Australian, British, Canadian, and U.S. Armed Forces 300 Andrea Ellner PART V Emerging Ethical Challenges for the Military Profession 319 29 Ethical Issues in Armed Humanitarian Intervention 321 Stephen Coleman vii Contents 30 Private Military Contractors and the Military Profession 330 George Lucas 31 Ethics and the Human Terrain System 339 Colonel Daniel S. Zupan 32 Military Operations and Media Coverage: The Interplay of Law and Legitimacy 348 Laurie R. Blank 33 Drones and Targeted Killings: Facing the Challenges of Unlimited Executive Power 368 Amos Guiora and Jason Shelton 34 Drones, Courage, and Military Culture 380 Robert Sparrow 35 Non-Lethal Weapons and Rules of Engagement 395 Pauline Shanks Kaurin 36 Captain America and Iron Man: Biological, Genetic, and Psychological Enhancement and the Warrior Ethos 406 Maxwell J. Mehlman 37 Just War Under CyberGaia 421 Colonel James Cook Index 432 viii CONTRIBUTORS (in order of appearance) George Lucas, Editor: Recently retired as the Distinguished Chair in Ethics in the Vice Admiral James B. Stockdale Center for Ethical Leadership at the United States Naval Academy (Annapolis), Lucas is currently Professor of Ethics and Public Policy (Emeritus) at the Graduate School of Public Policy at the Naval Postgraduate School (Monterey, CA) and visiting professor at Notre Dame University’s Reilly Center for Science, Technology, and Values. He is also Visiting Research Professor at the French Military Academy, Saint-Cyr. General Martin E. Dempsey, U.S. Army, is currently serving as the 18th Chairman of the Joint Chiefs of Staff in the U.S. Department of Defense, the highest-ranking position in the U.S. Military. Alasdair C. MacIntyre is Professor of Philosophy Emeritus at the University of Notre Dame and a Research Fellow at London Metropolitan University. Colonel Don M. Snider (U.S. Army, retired) is Emeritus Professor of Political Science at the U.S. Military Academy (West Point), and now serves as a Senior Fellow in the Center for Army Profession and Ethic (CAPE) at West Point and as Distinguished Visiting Professor in the Strategic Studies Institute at the Army War College (Carlisle, PA). Patricia Cook is Professor of Philosophy at the Naval Postgraduate School (Monterey, CA), where she currently teaches ethics courses, including a shortened version of the Stockdale Ethics Course that is part of the curriculum at the Naval War College. Richard Schoonhoven has been teaching at the United States Military Academy at West Point since 2000, and is currently the program chair for the North American chapter of the International Society for Military Ethics. Roger Wertheimer retired as the third holder of the Distinguished Chair in Ethics at the U.S. Naval Academy, and in retirement currently serves as a senior research associate in the Department of Philosophy at Agnes Scott College (Decatur, GA). ix Notes on contributors Paul Robinson served enlisted tours of duty in both the British Army and the Canadian Defence Force. A specialist in both military ethics and Russian history, he is currently a professor in the Graduate School of Public and International Affairs at the University of Ottawa, Canada. Jessica Wolfendale is Associate Professor of Philosophy at West Virginia University and has published extensively on topics in military ethics, bioethics, and the ethics of torture and terrorism. Martin L. Cook is the James B. Stockdale Professor of Ethics at the U.S. Naval War College (Newport RI), and co-editor of the Journal of Military Ethics. Vice Admiral Walter E. Carter, Jr. became the 62nd Superintendent of the U.S. Naval Academy on July 23, 2014, following two years of service as President of the Naval War College in Newport, RI, where he established the Naval Leadership and Ethics Center on May 1, 2014.