Abstract
Introduction
In August 2021, as Western forces scrambled to leave Afghanistan before the Taliban claimed Kabul, around 150 dogs and cats preoccupied the British public. The animals lived in Paul ‘Pen’ Farthing’s Nowzad animal shelter, in Kabul. Farthing eventually managed to bring his animals to the UK – though the evacuation left behind Farthing’s staff and their families. The story divided the nation. On the one hand, the animals were innocent. On the other, there was outrage that government officials appeared to be prioritising ‘pets’ over people. 1
Six months later, companion animals were in the news again. Heartrending images of Ukrainian refugees and their companions fleeing Russian forces circulated, and the Ukrainian Ministry of Foreign Affairs even used such images to garner support. 2 Further, many organisations raised funds or sent volunteers into Ukraine to feed, or rescue, animals left behind. 3
Companion animals are but some of the animals impacted by war. At time of writing, disturbing stories about harm to Ukraine’s farmed animals circulate on social media, 4 while Ukraine’s zookeepers face difficult choices about whether to evacuate animals. 5
The war’s impact on wild animals is, currently, unknown. Elsewhere, war has had significant negative impacts on wild animals. For example, the elephants of Angola and Mozambique were widely hunted and killed during civil wars in those countries – the elephant population in Mozambique’s Gorongosa National Park declined by 90% during the country’s civil war. 6 In Afghanistan, US military ‘burn pits’ created toxic smoke containing lead, mercury and other contaminants, and left behind toxic waste that seeped into the soil, negatively impacting humans, animals, and the environment alike. 7
These ‘incidental’ victims of war are not the only headline-grabbing animals 8 caught up in military activities. Consider the ‘truly remarkable incident’ in 2014 of the Taliban capture of a highly trained British military dog. 9 At the time, there was speculation in the British press about a possible rescue mission, the award of the Dickin Medal (‘the animals’ Victoria Cross’) or a prisoner exchange – all ethically fraught possibilities. The dog’s fate is unclear. Similarly, Ukrainian soldiers reportedly took in a Russian military dog in 2022, subsequently retraining Max (as he became named) with Ukrainian commands. Max, according to one guardsman, was to ‘defend Ukraine, and learn to bite off some Russian asses’. 10
In an important sense, we lack the tools needed to meaningfully discuss animals in war. For example, the status of animals in international humanitarian law (IHL) is ambiguous and inconsistent.
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Consequently, it’s difficult to determine, from a legal perspective, how militaries may treat animals, or what protections the international community owes them once fighting starts. Take the just-discussed British dog. Though one commentator wryly observed that the Taliban were willing to comply with their obligations under the Geneva Convention when it came to canine, but not human, prisoners of war,
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whether anyone
From an ethical perspective, meanwhile, the dominant Western approach to the morality of war – the just-war tradition – remains resolutely anthropocentric. 13 It is, we contend, time for this to change. Scholars in (critical) animal studies have explored the use of animals in war for at least a decade, 14 and, recently, normative scholars in law, ethics, and politics have addressed the topic, too. This includes early efforts to integrate animal ethics and just-war theory (JWT).
In this paper, we offer the first review of the ethics of animals in war. Though we show that there
We are the first to place these assorted projects in conversation, and to frame these scattered ideas as
We begin this paper by introducing JWT and an argument for an inclusive JWT. Next, we turn to explore what taking an inclusive approach to the two traditional concerns of JWT –
JWT
In this section, we introduce JWT in its traditional sense, and then ask what it would mean to have an inclusive JWT.
What is JWT?
The JW tradition, which scholars commonly trace to Augustine and Aquinas, is the dominant Western approach for ethics in war. It’s also been crucial in the development of IHL. Key early JW thinkers, such as Hugo Grotius and Emer de Vattel, were (also) jurists. Central sources of IHL – including the Hague Conventions, Geneva Conventions, and UN Charter – use concepts shaped by early JW thinkers, such as just cause, last resort, necessity, and proportionality. (We introduce these below, but note here that we use the terms as understood in JWT, rather than IHL.)
IHL has moved ahead of JWT when it comes to animal inclusion (compare §§4.1–2 and §5.1) and scholars of IHL note the relative quietude of philosophers. Karsten Nowrot, for example, welcomes the emergence of political-philosophical exploration of animals, offering a range of reasons why IHL is ‘a particularly noteworthy legal regime from the perspective of a political theory of animal rights’. 15 Our exploration, then, provides a much-needed complement to burgeoning work on animals in IHL.
In brief, according to JWT, violence is just if it meets certain criteria. Though these criteria have developed over time, there’s remarkable agreement on the main points. The key distinction is between
The six requirements of
A war that doesn’t meet all requirements is not, according to the standard interpretation,
Whilst the JW tradition has been instrumental in shaping contemporary ethics of war, there are other influences. For example, soldiers frequently subscribe to so-called military (martial) virtues.
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Pacifist approaches have a long history as well. Pacifism, however, despite popular perceptions, doesn’t necessarily rule out violence. Varieties of contingent or ‘minimal’ pacifism may allow for some violence, or even some wars.
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And while Jainism requires nonviolence or
Although there’s much we admire in these approaches, we here focus on JWT. Why? As noted, it has played an important role in developing the concepts core to IHL today. More importantly, wars are, regrettably, going to happen. JW theorists tend to concede that states will wage war and that violence can be legitimate, but aim to reduce the occurrence of unjust wars and unjust behaviour in war. In the words of Michael Walzer, war may be hell, but even ‘in hell, it is possible to be more or less humane, to fight with or without restraint’ – JW theorists address ‘how this can be so’.
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We’re interested in considering the ways war can be more
In other words, while seeking to end war altogether is an important goal, this is little help to the small country invaded by its more powerful neighbour, the soldier in the field who’s under fire, or the civilian caught in crossfire. JWT helps us conceptualise rules and practices that can alleviate the harm of conflict until war is no more.
Including animals in JWT
Although war has always involved animals – for transport, protection, communication, and more – and the natural environment (think of ‘scorched earth’ tactics), philosophers writing on war have devoted little attention to animals. JW theorists may discuss the importance of protecting the environment in general (including animals?), but rarely consider the impacts of war on animals themselves. This is surprising. Animal rights is no longer a fringe topic in academia. Philosophers may teach animal ethics and JWT in the same course, but they are unlikely to explore them together. Indeed, there are scholars – such as Jeff McMahan – who have made significant contributions to both animal ethics and JWT, yet haven’t put them in conversation.
The neglect of animals in the ethics of war isn’t only a matter of JWT’s anthropocentrism. Despite some calling for ‘a just war theory for animals’
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or ‘an animal-inclusive just-war theory’,
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animal ethicists have, on the whole, offered few reflections on war. Anecdotally, we’ve encountered reluctance to address warfare among animal ethicists because of nervousness about endorsing violence for animals’ sake – one philosopher writing about the violent defence of animals chose to publish pseudonymously in the
After all, JWT endorses violence
Thus, to note that animal suffering could be a
Though unusual in noting it explicitly, Cécile Fabre is typical of JW theorists, as her ‘account of the just war is human-centric’; it doesn’t ‘include non-human animals in [the] global community’ – this may, she accepts, be ‘arbitrary’.
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We agree with her. Like many animal ethicists and animal studies scholars, we contend that excluding animals simply because they are animals is an example of ‘speciesism’, and we hold that such discrimination is arbitrary. Better than ethical theories resting on arbitrary distinctions, we contend, are ethical theories that treat like cases alike. This does not mean, of course, that we are committed to saying that bombing a rabbit warren is morally equivalent to bombing a village. It isn’t, because the inhabitants of a rabbit warren have different interests to the inhabitants of a village. But it does mean that, in our view, a JWT that doesn’t discount the interests of rabbits
Thus far, we’ve implicitly contrasted an inclusive JWT with a JWT that excludes animals’ interests altogether. But we must acknowledge that there are two other (sets of) approaches that those incorporating animals into JWT could take. Though we cannot offer a full response to these possibilities, it is important to acknowledge them.
First, even an anthropocentric (thus non-inclusive) JWT could take account of animals
Second, one could acknowledge the limitations of the indirect approach, but stop short of embracing the equal consideration of interests in the inclusive JWT. This ‘hierarchical’ JWT theory would allow that animals’ interests count
But this description of an inclusive JWT theory – and a comparison to slightly less inclusive approaches – doesn’t offer a clear picture of what the approach in practice. Although, as we’ll see, scholars have linked animal ethics and JWT in a range of contexts, a systematic inclusive JWT doesn’t emerge from the literature. What would such an account look like? It would answer, or provide tools to answer, many of the questions we canvass below.
To answer these questions, however, an inclusive JWT must also address more foundational questions. We have already pointed towards the equal consideration of interests as an important principle for a genuinely
Proponents of an inclusive JWT must also ask whether JWT is suitable for the protection of animals. It has, after all, developed with only interhuman harms in mind. Even if scholars can expand JWT to include animals, perhaps they should change its criteria – perhaps (boldly) they should add to or modify them, or perhaps (less boldly) they must accept that the criteria are suitable only for some of the problems around animals and war. Ultimately, JWT exists to address a particular set of problems. The most important questions of animal ethics may not be among them (compare §3.3).
Jus ad bellum
In this section, we discuss the ways academics have used JWT to assess violence on behalf of animals, as well as violence against (specific) animals. In so doing, we highlight how scholars could use, or adapt, the traditional
War for animals
All existing human communities harm animals on a massive scale. No extant human community has ceased farming animals for food, and, consequently, humans kill trillions 38 of sentient animals for food annually. An inclusive JWT must explore whether the death and suffering of these animals could, in principle, be a just cause for military intervention.
To distinguish it from ‘humanitarian intervention’, Alasdair Cochrane and Steve Cooke label military intervention on behalf of animals ‘humane intervention’.
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‘In reality’, Cochrane and Cooke say, if animals have ‘morally relevant . . . interests and rights’, the just cause criterion ‘is incredibly easy to satisfy in a range of cases’.
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Thus, (coalitions of) states could (in principle) wage war against states that don’t respect animals’ rights, if (and only if) the other
Belligerent animal-rights-respecting states are not a realistic threat for any real-world political community. There are, however, individuals and organisations who aim to live in accordance with animal rights. These might present a more immediate threat to those violating animals’ rights.
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For Mark Bernstein, these ‘animal liberationists should be viewed as being at war with animal oppressors’, precisely because this allows ‘a means of testing [liberationism’s] legitimacy’.
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Liberationists, he says, have a just cause: ‘the altruistic nature of the liberationist’s battle harmonizes perfectly with the sanction to intervene on the behalf of another who suffers injustices’.
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He ultimately concludes – with the caveat that there may be
Lisa Kemmerer, similarly, asks whether aggressive ‘warrior activists’, fighting on behalf of animals, are ‘social activists, terrorists, or . . . soldiers engaged in humanitarian intervention against brazen indifference’.
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She too tests animal liberationists’ ‘war’ against the requirements of
Cochrane and Cooke hold that, even though war on behalf of animals may be justifiable
Cochrane and Cooke’s second concern is that there’s no international agency with authority to intervene on behalf of animals – and ‘it is impossible to conceive of any state or coalition of states who could realistically be regarded as having the moral legitimacy to authorise human interventions’, as ‘
Evidently, an inclusive JWT has questions to answer on legitimate authorities. A critic of Bernstein and Kemmerer’s respective cases could contend that the lack of legitimate authorities delegitimises the war they propose – or that what they’re describing is not war in the technical sense, and that JWT is therefore inapplicable. (More on this shortly.)
It’s also important to consider the ‘reasonable chance of success’ criterion
Parts of JWT are (for Bernstein) ‘inapplicable’ to the question of fighting for animals,
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and, traditionally, JWT (for Kemmerer) ‘reserves “just war” for those
An inclusive JWT, then, may hold back on making judgements about the actions of (real or hypothetical) animal activists – but it cannot avoid making judgements on whether harm to animals might serve as a just cause for future wars, and this may mean endorsing violence for animals. Crucially, however, just cause is only one of the requirements of
War to save biodiversity
Academics have used JWT when assessing state violence against poachers.
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For example, Amy Dickman and colleagues apply the
As commonly framed in the literature, this is not a war for animals – Rosaleen Duffy’s phrase ‘a war to save biodiversity’ 63 makes this clear. The concern is with protecting biodiversity, which includes animals as collectives (e.g. animal species), but not animals as individuals. (Concern for biodiversity needn’t translate into concern for animal suffering. In practice, it frequently means killing animals supposedly threatening biodiversity. Compare §3.3.) Alternatively, a war to save biodiversity may be (partially or wholly) about protecting valuable income streams, such as those offered by nature reserves.
Is this a literal war, in the technical sense with which JWT is primarily concerned? Dickman et al.’s use of JWT suggests that they think so, or at least that JWT offers a useful framework for assessing this state violence. We’ll later argue that
What could justify a war to save biodiversity? Dickman et al. claim the ‘instrumental value of the environment to human life, and the intrinsic value of individual megafauna’ is sufficient to meet JWT’s just cause threshold.
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However, if a just cause must be defence of self, defence of allies, or humanitarian intervention, it isn’t clear how protecting the environment fits, if the environment is (merely) instrumentally valuable. Perhaps war to save ‘individual megafauna’ could be an example of Cochrane and Cooke’s ‘humane intervention’ – but tension between protecting biodiversity and protecting animals creates problems.
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For example, what if megafauna
Further, the focus on the ‘intrinsic value of individual megafauna’ seems arbitrary, as it’s not clear that
There are, however, other questions an inclusive JWT must ask about ‘wars’ on poachers. Just cause is just one JWT requirement. In particular, we think it’s worth thinking about the
Poaching is complex, with many causes. For example, analyses link the growth of the bushmeat trade in Central and West Africa to increased logging and mining, while the Apartheid-era South African Defence Force, as well as all sides in the Mozambican civil war (compare §1), participated in poaching to gain funds. Indeed, Duffy suggests that, in sub-Saharan Africa, ‘anti-poaching . . . actually [relies] more fully on the production of regional stability than on militarized approaches to conservation’ due to the role of regional conflict in facilitating poaching. 69 Further, poaching tends to increase and fall depending on the circumstances – for example, disrupted transport networks meant ivory and pangolin scale poaching declined during the COVID-19 pandemic, but illegal hunting and fishing increased. 70 Illegal subsistence hunting is often occasional (e.g. increasing in the dry season), 71 and can also rise in response to conservation efforts that alienate or uproot local populations. 72
This raises questions about who anti-poachers may legitimately target (an
These considerations further suggest non-violent routes to resolving or reducing poaching, such as dismantling international trade networks, ensuring consistent employment, and engaging in less antagonistic conservation. ‘All out’ war on poaching would therefore be unlikely to meet the last resort requirement.
We can, perhaps, complement JWT analyses of the ‘War on Poaching’ with the While war used to be easily defined as a zone of combat where lethal force was justified (to be distinguished from a zone of peace, where it was not), the struggle against terrorism has created “in-between spaces” of moral uncertainty where force is used on a consistent and limited scale, but war is not declared.
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They argue that the traditional
Brunstetter and Braun apply their framework to international terrorism (and similar), but it’s potentially well-suited for militarised conservation. There are some similarities between international terrorist organisations and the international wildlife crime networks, in particular their transnational nature and their willingness to use violence, especially violence against innocents (including animals). Moreover, in at least some cases, these criminal networks pose a threat not just to animals, but also to states’ territorial control. 74
In
War against animals
Though the idea initially sounds bizarre, some scholars have explored the prospects of wars
More fundamentally, it’s hard to imagine a
Though we find Morris’s analysis useful, a critic may charge him with equivocation. Specifically, a ‘war on pests’ might be war only metaphorically, much like the ‘War on Terror’ or the ‘War on Drugs’, 83 meaning that JWT does not apply. The violence directed at non-native animals is not unique in this regard. Indeed, there is much (sometimes war-like) violence against animals that JWT probably cannot usefully assess. It’s not our claim, for instance, that an inclusive JWT should replace existing theories of animal ethics 84 – only that it should complement them.
Tellingly, the political theorist Dinesh Wadiwel explores a ‘war against animals’ as a theoretical lens to characterise the violence that humans inflict upon animals.
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But this
Jus in bello
An inclusive JWT will consider justice in war as well. Here, we explore two key areas: The harming of animals as collateral damage, and the use of animals as tools of war.
Harm to animals
One of the most important issues in
Discrimination doesn’t mean that militaries can never harm civilians – if interpreted this strictly, war would be impossible. Instead, combatants must ‘direct their operations only against military objectives’, 88 but they may still cause ‘collateral’ harm to entities that are not military objectives. However, combatants cannot cause widespread harm simply because it’s unintended; harm caused must be both proportionate and necessary. In other words, when choosing to pursue a particular course of action, they must first assess whether the likely harm is proportionate to the good they aim to achieve (if not, the harm’s disproportionate), and whether there are less harmful options available to them (if so, the harm’s unnecessary). 89
When combatants harm animals, it’s typically incidental or accidental harm. 90 Companion animals and animals living in zoos may suffer if attacks kill their caretakers, as noted in the Ukrainian context above. Wildlife are impacted by mines, bombs, and chemicals, as were Rwanda’s gorillas and Angola’s elephants during (and after) these countries’ civil wars; by the use of environmental destruction as a war tactic, as were the animals living in areas defoliated by American forces in Vietnam; or because their territories are used as a staging ground. 91 Poaching and illegal hunting also tends to increase in the wake of conflicts. 92 On an inclusive JWT, these harms would be accounted for in considerations of proportionality and necessity. Further, even if such harm to animals is non-intentional, it may be indiscriminate, as we will note below.
Insofar as animals are legally civilian ‘objects’, IHL already requires combatants to make proportionality calculations when their conduct may impact animals.
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However, this presents a challenge as ‘it depends on the value attributed to the animals’
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– this is, we note, a fundamentally
As important as these questions are, there’s a more fundamental challenge. If we take harm to animals seriously, might this render
First, counting animals in war means changing officer training and the experts consulted in planning military activity.
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For example, fighting justly already requires militaries to understand the cultural intricacies of human communities with which they interact. Perhaps, too, they should consult relevant experts to understand the animals impacted. Several navies have active guidance to mitigate the adverse effects of sonar on cetaceans.
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The Royal Australian Navy, for example, expresses a commitment to working with the relevant experts on its website:
Defence continues to support relevant research into marine mammal population biology and the effects of man-made noise on the ocean environment. . . . Assisting the [Australian Defence Force] to avoid any potential disturbance to marine animals during military training exercises is [Defence Science and Technology], who conducts research programs with experts at Australian universities and in collaboration with US scientists and the US Office of Naval Research.
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Taking harm to animals into account should, then, lead to an expansion of the kinds of research consulted by militaries.
Second – we’ve argued, echoing Cochrane and Cooke – taking animals’ interests seriously does not entail that the death of an animal is morally equivalent to the death of a human. Many animals have interests in continuing to live that are weaker than those of (most) humans. Thus, the prospect of animal deaths needn’t be overridingly significant when commanders consider courses of action. 103
Third, the JWT requirement of discrimination
To apply an inclusive JWT to
Using animals in war
Much contemporary work on
Militaries deploy animals in a range of contexts: in combat, as transport, as guards, for search and rescue, in training, as mascots, for therapeutic purposes, for ‘pest control’, or similar. 108 Some animals could be ‘animal soldiers’, and thus legitimate (‘military’) targets. Animal ethicists and JW theorists have written little about animal soldiers. Nonetheless, there are a range of avenues that an inclusive JWT could explore.
The first is a firmly ‘abolitionist’ and/or pacifist line, saying that using animals in warfare is illegitimate, and must end. 109 Just as a purely pacifist approach offers little practical guidance to those facing difficult moral decisions in war, this approach offers no practical guidance on how to behave in a world in which animal soldiers do in fact feature on battlefields.
Second, then, we may turn to JWT, which already contains discussion of ‘innocent threats’, such as child soldiers. 110 Animal soldiers, like child soldiers, may present threats to combatants, even though they are, themselves, innocent. There’s thus scope for exploring the expansion of claims about child soldiers to include animal soldiers. This approach is useful when it comes to how human soldiers may treat animal soldiers on the battlefield, but less useful on whether militaries may permissibly deploy animals on battlefields in the first place.
Third, we could look to the comparatively well-developed literature on animal soldiers in IHL, 111 in which scholars analyse which existing laws could protect animals, and what routes there might be to expand protection.
For example, Anne Peters and Jérôme de Hemptinne argue that we cannot easily recognise animals as ‘protected persons’ or ‘civilians’ under IHL.
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However, there are other options. First, animals may be ‘objects’, meaning combatants may not target them unless they are weapons or legitimate military objectives. Second, animals (including domesticated animals) might have protection as components of the environment. Third, animals may be medical transport or equipment, meaning combatants may not impede them (
In each case, the law affords limited and indirect protection. It does not offer protection to animals for their own sakes. (Compare the discussion of indirectly protecting animals in §2.2.) Recognising animals as persons under IHL might offer direct protection. It would be ‘conceptually possible to broaden the concept of “person” under IHL (and even “protected persons”) so as to encompass “animal persons”’. But, say Peters and de Hemptinne, these categorisations ‘are ill-adapted to the needs of animals’. 114 Consequently, better we classify animals not as ‘combatants’ (and thus, when captured, ‘prisoners of war’), nor ‘civilians’, but ‘objects’, with Peters and de Hemptinne offering an ‘animal-friendly interpretation of IHL rules on objects’. 115
While IHL is ahead of JWT on animal inclusion, Peters and de Hemptinne’s discussion highlights an important limitation of the IHL approach – international lawyers may find themselves constrained in important ways by existing (highly anthropocentric) legal frameworks, in a way that philosophers need not be.
Finally, we may turn to the recent literature in animal ethics on ‘social membership’.
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The idea is that animals, in addition to basic rights, warrant protection because of their membership in protected groups. Insofar as human soldiers warrant protections
Other groups, however, may be relevant. The burgeoning literature on animal workers – and the rights to which they are entitled
Advocates of the social membership model have also explored the idea of animal
We observe that the social membership model speaks to a recurring issue. According to some authors in the ethics of war, states may legitimately favour their own civilians and soldiers when making proportionality calculations. 121 More contentiously, some argue that it may be permissible for soldiers to give more weight to their own lives over the lives of enemy soldiers (or even enemy civilians) when calculating proportionality. 122 If some animals are ‘members’, they may also be entitled to greater weight than those deemed ‘neutral’ or ‘enemy’.
Thus, despite the paucity of ethical analyses of the use of animals in war, there are many resources that an inclusive JWT could draw upon. This is an important future research area.
Beyond traditional JWT
So far, we have surveyed the literature on animals and JWT, laying foundations for an inclusive JWT. However, animals in war raise questions extending beyond the traditional (narrow) purview of JWT. Here, we note four.
Jus post bellum
JWT historically distinguished
In animal ethics, questions about restitution to animals are underdeveloped. 124 Again, IHL scholarship has taken important steps in this direction, with Marina Lostal asking whether animals could count as ‘victims’ in the eyes of the International Criminal Court (ICC) – though she concludes that they couldn’t. 125
In JWT, compensation is an important tool for armies seeking to reduce the severity of collateral damage. Compensation cannot bring back a family member, but it can help lessen harm. It can also provide incentives for the military to reduce collateral damage. 126 Animals already feature prominently in compensation, and ‘have played a part in every single reparations proceeding’ at the ICC, ‘even when the criminal conduct at hand had nothing to do with them’. 127 Indeed, armed forces pay compensation to people for the loss of their animals without the ICC’s intervention – for example, the British paid £662 for the death of six donkeys after they ‘wandered on to a rifle range’. 128 In this case, they paid the donkeys’ owner, but many animals harmed in war are unowned. 129
But could armies compensate animals themselves? For example, might companion animals, dependent on humans for care, be victims of violence inflicted upon their human guardians? Might young, dependent animals be entitled to compensation if soldiers kill their parents? Lostal envisions that, if the ICC recognised animals ‘victims’, this ‘could lead to collective rehabilitation programmes in the form of reforestation, the construction of animal shelters and sanctuaries, the provision of veterinary services, or the awarding of resources to zoos and natural reserves affected by the crimes’. 130
Relatedly, militaries may owe compensation to their own animal soldiers. Recall the killing and abandonment of dogs by the US military. This was distressing for many of their human handlers, 131 and surely harmed the dogs. The Army gifted some to the Vietnamese – who often didn’t see dog-handling as a ‘high prestige’ role, with disastrous results for the dogs 132 – others they killed. Not only, we contend, was the Army obliged to take steps not to harm these dogs, but (echoing earlier ideas about animal workers) it may have owed them recompense for the work they had undertaken. At the very least, the US government may owe these dogs recognition – for example, memorialisation.
Memorialisation
Memorials to animals killed (e.g. the UK’s Animals in War Memorial and Canada’s Animals in War Dedication) convey many different meanings. 133 Indeed, people can place different meanings on the same form of memorialisation. The British group Animal Aid introduced but then withdrew a Purple Poppy to wear alongside (or instead of) the Royal British Legion’s (red) Remembrance Poppy. Their ‘aim was to make it clear that animals used in warfare are indeed victims, not heroes. They do not give their lives; their lives are taken from them’. However, ‘too often the narrative promoted by the media’ about the Purple Poppy was ‘one of animals as the valiant servants of people in violent conflict’. 134
When war memorials frame animal soldiers as
Animal refugees
Tristam Derham and Freya Mathews argue that animals could be refugees.
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The UN Refugee Convention adopts a narrow definition of who counts as a refugee, because it only recognises those fleeing persecution and war.
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But some animals, such as African elephants, are victimised by human conflict and flee long distances for safety – they may even develop PTSD as a result. Even by the UN’s narrow definition, they could be refugees. One of the benefits of this reconceptualisation is rhetorical:
the inherent moral charge of the term ‘refugee’, at least in its original sense, ensures that the plight of a refugee makes a call upon anyone who can provide help. This moral call motivates international non-government organizations to assist human refugees and it might do the same for non-human refugees, mobilizing philanthropic organizations to assist animals on more morally complex and compelling grounds than on the grounds of conservation alone.
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Even though legal reform is unlikely to be forthcoming, thinking of animals as refugees may provide impetus to protect animal victims of war.
Indeed, though it’s a different case to Derham and Mathews’s, animal refugeehood may be useful for thinking about the evacuations and forced migrations of companion animals with which we began this paper. Humans fleeing conflict zones frequently bring companions, and might refuse to leave without them. This suggests, for example, that evacuation plans as well as approaches to dealing with refugees should take animals’ interests seriously – for example, when thinking about the design of refugee camps. A parallel literature on the treatment of companion animals in disaster management provides insights on how this may be possible. 140
Harm footprints
Taking animals seriously requires us to think about the impact that militaries have on animals outside of war. For example, recent research shows that the ecological impact of the US military is enormous – its estimated carbon footprint is larger than that of over 100 countries. 141 This itself already has a significant impact on animals, who are vulnerable to climate change. 142 But there are other ways in which militaries harm animals even outside the context of direct hostilities. Militaries routinely harm animals during research and development, either because they test on animals, because they use dead animals, or as a side-effect. Militaries purchase meat and other animal products on a large scale. (Much of this is routine, but it can impact public consciousness – for instance, there is periodic controversy over the British footguards’ bearskin hats. 143 ) And so on.
As such, urging militaries to take harm to animals seriously in war may require challenging – or dismantling – the foundations of the ‘military-animal industrial complex’. 144 This moves beyond an inclusive JWT.
Questions about shifts away from reliance on animals in economies, food systems, lifestyles, and more are familiar to animal ethicists. But putting these in conversation with the ethics of war will require reflection on specific elements of military culture. For example, violent or macho norms among soldiers threaten to limit uptake of animal-friendly lifestyles – at least while meat remains associated with masculinity. Further work might explore, for instance, the extent to which martial virtues might be able to accommodate animal-friendly values, ‘ecomasculinities’, and practical steps for a humane military – all issues which go beyond JWT.
Conclusion
War harms animals, but scholars offer only limited discussion of the intersection of JWT and animal ethics. This is an issue. Against the realist, we contend that wars can be more or less humane, and that we can meaningfully engage in debates about animal ethics in war. Against the pacifist, we contend that ruling war out cannot help animals suffering here and now. JWT represents the intermediate position between these extremes, and together with IHL, offers a meaningful way to think about how we can improve things for animals in our world – a world in which war happens. JWT’s value is, then, the balance it finds between idealism and realism. But this is also why it’s regrettable that, to date, JW theorists haven’t seriously considered animals. It’s a fact that militaries use and harm animals on a large scale in war. To the extent that JW theorists value reality, they must reckon with this.
And some do. In this paper, we’ve surveyed existing attempts to marry concern for animals with JWT, indicating promising avenues for further development. At the same time, we believe that engagement between the two fields has been piecemeal, and we have called for, and laid foundations for, something more systematic. In the hopes of making war a little less awful, we claim that the time is right for an inclusive just-war theory.
