Author, Simon.
Published, May 13, 2009.

Intentionality is a central issue in DDE, as is discrimination. If it was munitions workers who were killed when the factory was bombed, then civilians were obviously killed. The principle of discrimination comes immediately into play – civilians are discriminated from soldiers. Civilians have been killed, and this is a negative consequence.
If there is, in fact, a known negative consequence which contradicts the jus in bello principle, and the consequence can be avoided, then it accordingly should be avoided. If the bomber was to knowingly and intentionally not avoid an unintentional consequence, then he is acting unjustly. It is impossible to intentionally do something unintentionally. If the consequences are known, then they can be avoided except in exceptional circumstances. (This circumstance is not one of them.) If the consequences are not avoided the act is intentional and, therefore, found to be unjust.
Part 9, about DDE’s plausibility, is here.
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