Robert B Trsek

Hitting Below the Belt: Moral and Legal Barriers to the Pursuit of Risk-Free Conflict Robert B Trsek

This study addresses moral and legal barriers to the use of new technologies in warfare, the impact of conduct in war upon the concept of just warfare, and the possible dangers of pursuing risk-free combat through ranged warfare and technology. The study assumes that the public must approve US weapon systems, at least in retrospect, if they are to be maintained in our arsenals and employed in war. It furthermore assumes that if left unchecked, US military services will continue to pursue weapons that minimize risk to friendly forces and maximize risk to opposing forces. This research uses seven different weapons and tactics in history selectively to illuminate the barriers to technology. Furthermore, this study offers no ready "solution" to the paradox created by pursuing risk-free warfare and the resultant hostility it elicits in America's foes. The body of this research begins with an introduction to international law, just war theory, limited war, and the legalist paradigm. It then proceeds to analyze landmines, fire bombing, chemical weapons and nuclear weapons in order to illustrate Michael Walzer's four responses to the tension between jus ad bellum and jus in bello.