Liability for Wrongful Assistance: On Causing Unjust Harm in the Course of Suboptimal Rescue

Abstract

AbstractSeveral states, including the United Kingdom, the United States, and France, have recently engaged in the high‐profile supporting of foreign rebel fighters, providing them with training, weapons, and financial resources. Justifications for providing this assistance usually invoke, at least in part, our obligations to prevent harm to the citizens of oppressive and violent regimes. Providing such assistance is often presented as a morally safe ‘middle ground’ between doing nothing and putting one’s own troops at risk. Yet this assistance typically enables rebels to cause unjust harms, since armed uprisings almost invariably cause harm to innocent people.I argue that enabling these unjust harms can render the provision of assistance unjustified. When a state could prevent at least as much harm by using its resources in other ways, such as preventing disease, without thereby causing comparable unjust harm and without incurring a (significantly greater) supererogatory cost, the state acts unjustifiably if it nonetheless funds the rebellion. When assistors unjustifiably enable unjust harms, they are morally liable to bear costs for the sake of people who suffer those harms. This is true even if the rebels act justifiably in directly inflicting those harms.