Footnote 1 According to him, the combatants on the “just” and the “unjust” side are not both liable to attack (McMahan 2004, 706), do not have both a liberty-right Footnote 2 to kill each other. The philosopher who has probably done the most to attack the doctrine of the moral equality of combatants in recent times is Jeff McMahan. Reichberg 2008) and, even further, to Gertrude Elizabeth Margaret Anscombe and beyond has been that there is no “moral equality of combatants.” That is, on the traditional (but sporadically contested) view those combatants participating in a justified war may kill their enemy combatants participating in an unjustified war, but the combatants participating in an unjustified war may not kill their enemies on the justified side, at least not if they know or find it highly likely that their own war is unjustified (Augustine’s view is more lenient, but does not amount to fully embracing the moral equality of combatants).
The dominant position in the just war tradition from Augustine to Aquinas to Grotius (cf.
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