Contractarianism and the Moral Equality of Combatants

The purpose of this chapter is to offer a contractarian defence of Moral Equality, the thesis that Just and Unjust Combatants do not wrong each other when they kill and maim each other in war. We concede that the killings of Just Combatants by Unjust Combatants is pre-contractually impermissible. Moral Equality is nevertheless true if an agreement between states that equalize the legal standing of soldiers is fair and also mutually beneficial. By accepting such an agreement, combatants attain a right to take advantage of traditional jus in bello rules, thereby violating no duty against Just Combatants by attacking them.