Just war theory after colonialism and the war on terror: Reexamining non-combatant immunity

Abstract

I challenge a recent trend in just war theory - that civilians might be complicit with terrorists and lose non-combatant immunity - by reversing the gun sights and asking whether colonizing populations complicit with empire might compromise their non-combatant status. Employing colonial settlers as a thought experiment, I demonstrate the logic of expanded civilian culpability that has been proposed in the wake of the War on Terror would be unacceptable in other scenarios, and that these revisionist proposals are in service of ends incompatible with just war. In the process, I identify an important ambiguity regarding the performativity of non-combatant status, and show how this is used to aggressively expand civilian culpability for violence.