Accountability for Killing: Moral Responsibility for Collateral Damage in America's Post-9/11 Wars
Neta Crawford
Abstract
United States officials argued during America’s post-9-/11 wars that the US took every precaution to prevent unintended civilian death and injury — known as collateral damage — due to US military operations. Yet, during the first years of the wars, officials accepted the inevitability of the harm, and tens of thousands of civilians were killed and injured by the US and its allies. The book explores moral responsibility for three kinds of collateral damage incidents. Accidents were unforeseen and sometimes unforeseeable, and arguably they were comparatively rare. More numerous were systemic col ... More
United States officials argued during America’s post-9-/11 wars that the US took every precaution to prevent unintended civilian death and injury — known as collateral damage — due to US military operations. Yet, during the first years of the wars, officials accepted the inevitability of the harm, and tens of thousands of civilians were killed and injured by the US and its allies. The book explores moral responsibility for three kinds of collateral damage incidents. Accidents were unforeseen and sometimes unforeseeable, and arguably they were comparatively rare. More numerous were systemic collateral damage deaths, the foreseeable consequence of rules of engagement, weapons choices, standard operating procedures and military doctrine. Proportionality/double effect collateral damage is foreseeable, and foreseen, yet anticipated military advantages are said to excuse this unintentional killing. Both systemic collateral damage, and proportionality/double effect collateral damage are produced in part by expansive and permissive conceptions of military necessity. The other causes of systemic collateral damage are found in the organization of warmaking — the institutionalized rules, procedures, training, and stresses of war. Depending on choices that are made at the organizational and command level, the likelihood of causing civilian casualties may rise or fall. When those factors, including beliefs about military necessity, change the incidence of collateral damage also changes. This book offers a new way to think about moral agency and accountability. The dominant paradigm of legal and moral responsibility in war stresses both intention and individual accountability. Yet that framework is inadequate for cases of systemic and proportionality/double effect collateral damage because the causes of those deaths and injuries lie at the organizational level — where doctrine, tactics, and weapons are decided. The author supplements theories of individual agency and accountability with a theory of collective moral responsibility, treating organizations as imperfect moral agents. The US military exercised moral agency when it began, mid-way through the Post-9/11 wars, to change its organizational procedures in order reduce collateral damage deaths. The book offers ways to increase political and public moral responsibility for conduct in war.
Keywords:
Civilian casualties,
systemic collateral damage,
moral responsibility,
United States wars,
Afghanistan, Iraq and Pakistanlaws of war,
discriminationproportionality,
military necessity,
political responsibility,
collective responsibility,
cycle of moral agency
Bibliographic Information
Print publication date: 2013 |
Print ISBN-13: 9780199981724 |
Published to Oxford Scholarship Online: January 2014 |
DOI:10.1093/acprof:oso/9780199981724.001.0001 |