On Limited Force: Prudence Below the Threshold of War

Abstract

This essay asks how military ethics should respond to adversaries deliberately conducting hostilities below the threshold of war, that is, whether to respond: (a) below the threshold of war with the novel limited force paradigm; (b) within an expanded hostilities paradigm, i.e., under the law of armed conflict; or (c) within an international law enforcement paradigm derived primarily from human rights law. Option (c) is preferred until practically unfeasible – with a strong moral imperative for maintenance of the requisite institutions. Under-deployed classic just war tradition arguments are presented for discrimination between vices opposed to peace and the application of the principle of subsidiarity at law. The essay concludes that the retributive, ‘equilibrium of justice’ test, sometimes used to support option (b), is necessary but not sufficient.