Contemporary Issues in Jus in Bello: Some Problems Raised by Jeff McMahan's Killing in War

<p>The work of Jeff McMahan has revitalised discussion of just war theory with its rejection of the moral equality of combatants. The main aim of this thesis is to explore and develop McMahan’s work and recent challenges to it. I do this in four chapters. First, I outline McMahan’s account of liability to attack which subsequently shows why the moral equality of combatants is false. I defend his account of liability to attack from problems raised by Yitzhak Benbaji and Thomas Hurka. Second, I discuss developments by McMahan to the in bello condition of proportionality. I suggest that the features McMahan introduces, though innovative, do not go far enough and ultimately argue for David Rodin’s multi-factor account. Third, I defend Seth Lazar’s responsibility dilemma from objections by McMahan and Bradley Strawser. Fourth, I combine McMahan’s understanding of responsibility with Tony Honoré’s outcome responsibility and after establishing an account of collective responsibility argue that unjust noncombatants can be liable to intentional attack due to being collectively outcome responsible for the threat their state poses in war.</p>