The following question is addressed: ‘What, from a moral point-of-view, ought to be the rules of war?’ The author discusses it from a point-of-view of a rule utilitarianism of the contractual variety, and argues with some claims made by Nagel. He agrees with Nagel’s absolutist view that certain kinds of actions are morally out of bounds. The view of a rule-utilitarian, however, is that the moral justification of rules lies in the fact that their acceptance and enforcement will make an important contribution to long-range utility. Utilitarian considerations justify these rules, and they are absolutely binding. From this view, the author explores the moral justifiability of the existing rules of war.
