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⁴ On CIA operations under Bill Clinton, see Weiner, Tim, Legacy of Ashes: The History of the CIA (London: Penguin, 2008), pp. 534–35Google Scholar.

⁵ For criticism along these neo-Millian lines, see Finlay, Christopher J, “Reform Intervention and Democratic Revolution,” European Journal of International Relations 13, no. 4 (2007), pp. 555–81CrossRefGoogle Scholar. Fernando Tesón defends the invasion as a “humanitarian intervention” aimed, as his article puts it, at “Ending Tyranny in Iraq,” Ethics & International Affairs 19, no. 2 (2005), pp. 1–20.

⁶ Michael Walzer, “Were We Wrong about Syria?” Dissent, October 30, 2013, www.dissentmagazine.org/blog/were-we-wrong-about-syria.

⁷ A recent leader in The Economist argues that while it may be right to think “that ill-considered intervention can make [the world's problems] worse, as when America invaded Iraq,” nevertheless “Syria's agony shows that the absence of America can be just as damaging.” Obama's belief “that resolutely keeping out of the Syrian quagmire is cold, rational statesmanship” is therefore doubtful (“The War in Syria: Grozny Rules in Aleppo,” Economist, October 1, 2016, pp. 14–16).

⁸ Finlay, Christopher J, Terrorism and the Right to Resist: A Theory of Just Revolutionary War (Cambridge: Cambridge University Press, 2015)CrossRefGoogle Scholar.

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¹¹ See Shue, Henry, “Target-Selection Norms, Torture Norms, and Growing US Permissiveness,” in Shue, Henry, Fighting Hurt (New York: Oxford University Press, 2016), pp. 67–86 CrossRefGoogle Scholar.

¹² Or, as Michael Doyle might call it, “the doctrinal governance gap” (The Question of Intervention, p. xi).

¹³ On human rights as foundations for international law, see Buchanan, Allen, Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (New York: Oxford University Press, 2004)Google Scholar; and Rawls, John, The Law of Peoples (Cambridge, Mass.: Harvard University Press, 1999), pp. 80–81 Google Scholar.

¹⁴ Coady, C. A. J., for instance, in “Terrorism and Innocence,” Journal of Ethics 8, no. 1 (2004), pp. 37–58 CrossRefGoogle Scholar. There is, however, some variation between regions. In Latin America, for instance, “terrorism” has wide currency as a term used to denounce the violence of some governments. Thanks to Alejandro Chehtman for pointing this out.

¹⁵ See, for instance, Coady, “Terrorism and Innocence.”

¹⁶ Yasser Arafat, “Address to the UN General Assembly (November 13, 1974),” reprinted in Laqueur, Walter and Rubin, Barry, eds., The Israel-Arab Reader: A Documentary History of the Middle East Conflict, 6th ed. (New York: Penguin Books, 2001), pp. 177–80Google Scholar. Cf. Finlay, Christopher J, “How to Do Things with the Word ‘Terrorist,’” Review of International Studies 35, no. 4 (2009), pp. 751–74CrossRefGoogle Scholar.

¹⁷ Dershowitz, Alan, Why Terrorism Works: Understanding the Threat, Responding to the Challenge (New Haven, Conn.: Yale University Press, 2002)Google Scholar.

¹⁸ Ibid., pp. 4–9.

¹⁹ Gillett, Matthew and Schuster, Matthias, “Fast-Track Justice: The Special Tribunal for Lebanon Defines Terrorism,” Journal of International Criminal Justice 9, no. 5 (2011), pp. 989–1020 CrossRefGoogle Scholar, p. 990.

²⁰ Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging (STL-11-01/I), Appeals Chamber, February 16, 2011, para. 83.

²¹ Ibid., para. 85.

²² Ibid., para. 89.

²³ Ibid., para. 105.

²⁴ On dangers of overinclusion arising from the “bifurcated intent standards,” including repression against domestic dissent, see Gillett and Schuster, “Fast-Track Justice,” pp. 1010–11.

²⁵ Interlocutory Decision, para. 88, quoting from UN Security Council Resolution 1566 (2004) at para. 3 (emphasis added).

²⁶ Interlocutory Decision, para. 102.

²⁷ As Coates, A. J. argues in The Ethics of War (Manchester: Manchester University Press, 1997), pp. 123–24Google Scholar. Cf. Steinhoff, Uwe, On the Ethics of War and Terrorism (New York: Oxford University Press, 2007), ch. 1CrossRefGoogle Scholar; Finlay, Christopher J, “Legitimacy and Non-State Political Violence,” Journal of Political Philosophy 18, no. 3 (2010), pp. 287–312 Google Scholar; and Jonathan Parry's contribution to this Special Section.

²⁸ For instance, McMahan, Jeff, Killing in War (New York: Clarendon Press, 2009)CrossRefGoogle Scholar; and Lazar, Seth, “The Responsibility Dilemma for Killing in War: A Review Essay,” Philosophy and Public Affairs 38, no. 2 (2010), pp. 180–213 CrossRefGoogle Scholar.

²⁹ Goodin, Robert, What's Wrong with Terrorism? (Cambridge: Polity Press, 2006)Google Scholar.

³⁰ On the evil of causing fear as such, see Waldron, Jeremy, “Terrorism and the Uses of Terror,” Journal of Ethics 8, no. 1 (2004), pp. 5–35 CrossRefGoogle Scholar; Scheffler, Samuel, “Is Terrorism Morally Distinctive?” Journal of Political Philosophy 14, no. 1 (2006), pp. 1–17 CrossRefGoogle Scholar; and Goodin, What's Wrong with Terrorism? For recent criticism of this approach, see C. A. J. Coady, “Does Terrorism Have ‘A Distinctive Moral Significance’?” Critique (November/December 2016).

³¹ Ignatieff, “Human Rights, the Laws of War, and Terrorism,” pp. 1152–153.

³² As Article 43.2 of Additional Protocol 1 states, “Members of the armed forces of a Party to a conflict … are combatants, that is to say, they have the right to participate directly in hostilities.”

³³ Ohlin, Jens David, “The Combatant's Privilege in Asymmetric and Covert Conflicts,” Yale Journal of International Law 40 (2015), pp. 337–93Google Scholar, 338, 343.

³⁴ For an opinion, see “How is the Term ‘Armed Conflict’ Defined in International Humanitarian Law?” ICRC Opinion Paper (March 2008), www.icrc.org/eng/assets/files/other/opinion-paper-armed-conflict.pdf.

³⁵ Ohlin, “The Combatant's Privilege.”

³⁶ Cullen, Anthony, The Concept of Non-International Armed Conflict in International Humanitarian Law (New York: Cambridge University Press, 2010), p. 56CrossRefGoogle Scholar.

³⁷ As Pål Wrange emphasizes in his contribution, Additional Protocol II [Article 6(5)] encourages post-bellum amnesties by states toward domestic rebels. This would treat rebels after defeat as if they had enjoyed belligerent privileges during the conflict.

³⁸ See Finlay, Christopher J, “Fairness and Liability in the Just War: Combatants, Non-Combatants, and Lawful Irregulars,” Political Studies 61, no. 1 (2013), pp. 142–60CrossRefGoogle Scholar; also Fabre, Cécile, Cosmopolitan War (Oxford: Oxford University Press, 2012)CrossRefGoogle Scholar and Gross, Michael, Moral Dilemmas of Modern War: Torture, Assassination, and Blackmail in an Age of Asymmetric Conflict (New York: Cambridge University Press, 2010)Google Scholar.

³⁹ Finlay, Terrorism and the Right to Resist, chs. 4 and 8.

⁴⁰ Mill, John Stuart, “A Few Words on Non-Intervention,” in Robson, John M., ed., The Collected Works of John Stuart Mill, Volume XXI (Toronto: University of Toronto Press, 1984)Google Scholar; and Doyle, The Question of Intervention.

⁴¹ International Commission on Intervention and State Sovereignty (ICISS), The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty (Ottawa: International Development Research Centre, 2001)Google ScholarPubMed. On the “Threshold Criteria: Just Cause,” see 4.19, and for clarification of what that article includes and excludes, see articles 4.20 to 4.27. On “Proportional Means,” see 4.39 and 4.40.

⁴² On the assumption about armed rebellion and repressive violence, see Finlay, Terrorism and the Right to Resist, ch. 3.

⁴³ Doyle, The Question of Intervention, pp. 123–24; and the United Nations 2005 World Summit Outcome document, October 24, 2005, A/RES/60/1, para. 139.

⁴⁴ Doyle, The Question of Intervention.

⁴⁵ Mill's remarks about “a people in arms” quoted at the head of this essay occur in “A Few Words on Non-Intervention,” p. 121. For a contrasting view that nevertheless anticipates the terms in which Mill argues, see Godwin, William, An Enquiry Concerning Political Justice, ed. Philp, Mark (Oxford: Oxford University Press, 2013), pp. 276–77Google Scholar.

⁴⁶ Godwin makes the same claim in his Enquiry.

⁴⁷ Mill, “A Few Words on Non-Intervention,” pp. 122–23.

⁴⁸ Walzer, Michael, Just and Unjust Wars: A Moral Argument with Historical Illustrations (New York: Basic Books, 1977), pp. 89–108 Google Scholar; also “The Moral Standing of States: A Reply to Four Critics,” Philosophy and Public Affairs 9, no. 3 (1980), pp. 209–29, at 216–18.

⁴⁹ Mill, “A Few Words on Non-Intervention,” pp. 123–24.

⁵⁰ See Wasserstrom, Richard, “Review of Michael Walzer, Just and Unjust Wars ,” Harvard Law Review 92, no. 2 (1978), pp. 536–45CrossRefGoogle Scholar, p. 542; Doppelt, Gerald, “Walzer's Theory of Morality in International Relations,” Philosophy and Public Affairs 8, no. 1 (1978), pp. 3–26 Google Scholar, p. 12; Beitz, Charles, “Bounded Morality: Justice and the State in World Politics,” International Organization 33, no. 3 (1979), pp. 405–24CrossRefGoogle Scholar, p. 415; and Luban, David, “Just War and Human Rights,” Philosophy and Public Affairs 9, no. 2 (1980), pp. 160–81Google Scholar, at 169–71.

⁵¹ Thanks to Jonathan Parry for pointing out the importance of mercenaries in many cases.

⁵² In “The Ethics of Revolution,” at pp. 318–22 Allen Buchanan argues that a proper understanding of the dynamics of coercion in legitimate revolution points toward intervening early to halt escalation and reduce casualties.

⁵³ Nigel Biggar thinks a justifiable armed rebellion to arise once a regime uses armed force against peaceful protests; see his “Christian Just War Reasoning,” pp. 397–98. For an argument along similar lines, see Finlay, Terrorism and the Right to Resist, chs. 3 and 4.

⁵⁴ As I argue in Terrorism and the Right to Resist, ch. 5. See also McMahan, Jeff and McKim, Robert, “The Just War and the Gulf War,” Canadian Journal of Philosophy 23, no. 4 (1993), pp. 501–41CrossRefGoogle Scholar.

⁵⁵ On the latter, see Finlay, Terrorism and the Right to Resist, ch. 8.

⁵⁶ Clark, Ian, The Vulnerable in International Society (Oxford: Oxford University Press, 2013)CrossRefGoogle Scholar.

⁵⁷ Finlay, Terrorism and the Right to Resist, ch. 8.

⁵⁸ On the ethical problems arising from arming rebels specifically, see Pattison, James, “The Ethics of Arming Rebels,” Ethics & International Affairs 29, no. 4 (2015), pp. 455–71CrossRefGoogle Scholar.

⁵⁹ Kuperman, Alan, “The Moral Hazard of Humanitarian Intervention: Lessons from the Balkans,” International Studies Quarterly 52, no. 1 (2008), pp. 49–80 CrossRefGoogle Scholar.

⁶⁰ On the problems of establishing a unified leadership in revolution, see Buchanan, “The Ethics of Revolution.”

⁶¹ Mill, “A Few Words on Non-Intervention,” p. 121.