Anti-Terrorist Operations and Homeland Defense


JSCOPE 2003 attracted nearly 200 participants at the Hilton Springfield Hotel in Springfield, Virginia, once again, this year on 30 and 31January.  Participants from six foreign countries attended, as well as cadets and midshipmen from all the US service academies.

Father John Langan, Georgetown University, presented the keynote address.  His comments were thought provoking and timely.

COL Anthony Hartle, Head of the Department of English at the United States Military Academy, was the dinner speaker, and he delineated areas of concern that directly affect professional military ethics.


The program and the actual papers presented appear elsewhere on the JSCOPE Web page.  The authors are listed below for your convenience.


“Redefining Just War Criteria in the Post 9-11 World and the Moral Conseqences of Preemptive Strikes”

Captain (USA) Richard C. Anderson, USMA

“Stop Calling it the War on Terrorism:  An Argument for Moral Clarity”

Captain (USAF) Marc O. Hedahl, USAFA

“Deterring Chemical, Biological, Radiological, Nuclear, and High-Energy Weapons Use in the War Against Terrorism:  The Moral Dimension”

Lieutenant Colonel (USA) John Mark Mattox, SHAPE

“Offensive Defense”

Lieutenant Colonel (USAF) James L. Cook, USAFA

“Homeland Security and Civil Liberties”

Dr. Erik Wingrove-Haugland, USCGA

“Important Issues for Balancing Security and Freedom”

Major (USAF) Matthew W. Hallgarth, University of Florida

“Harm, Public Health Threats, and the Model State Emergency Powers Act:  Bio-Terror Defense and Civial Liberties”

Dr. Thomas May, Medical College of Wisconsin

“US Northern Command and the Posse Comitatus Act”

Dr. Carlos E. Bertha, USAFA

“Murderers, Not Warriors:  The Moral Distinction Between Terrorists and Legitimate Fighters in Assymetric Conflicts”

Dr. Shannon E. French, USNA

“Just War Challenges in Assymetrical Warfare”

Michael B. Skerker, University of Chicago Divinity School

“The Innocent Enemy: Children at War and the Boundaries of Combatancy

Ms. Betsy Perabo, Yale University

“Reevaluating the Language of War”

Lieutenant (USCG) Dale K. Bateman, Yale Divinity School

“Taking Terrorism and the ROE Seriously”

Lieutenant Colonel (USA) Ted Wethusing, Emory University

“Just War Theory, Law Enforcement, and Terrorism: A Reflective Equilibrium”

Lieutenant Colonel (USA) Daniel S. Zupan, USMA

“The Doctrine of Double Effect: Its Relevance to Collateral Damage Cases”

Captain (USA) Christopher T. Mayer, USMA

“Distinguishing Terrorism from Collateral Damage:  What Is the Scope of Civilian Immunity?”

Dr. Whitley Kaufman, University of Massachusetts--Lowell



“‘This is No Case of Petty Right or Wrong’: the Supra-Ethical in Wartime”

Lieutentant Commander (USMS) Reed Robert Bonadonna, USMMA

“Military Necessity and Military Victory Unjustly Won: Algiers 1957”

Mr. Walter A. Schrepel, Analyst, Northrop-Grumman Information             Technology

“Prohibiting Torture Interrogation of Terorists: A Theory of Exceptions (With Notes, Warnings, and Cautions)”

Major (USAF) William D. Casebeer, USAFA

“A Consequentialist Argument Against Torture Interrogation of Terrorists”

Dr. Jean Maria Arrigo, Virginia Foundation for the Humanities

“Reaping the Whirlwind: Terrorism, Supreme Emergency, and the Abandonment of Jus in Bello Restrictions on Attacking Enemy Civilians”

Dr. Davida E. Kellogg, University of Maine

                        “Can Interrogatory Torture Be Morally Legitimate

                        Dr. Robert G. Kennedy, University of St. Thomas

“Noncombatant Immunity and the War on Terror”

Major (USA) Tony Pfaff, Joint Intelligence Directorate


“Invincible Ignorance”

Dr. Richard Schoonhoven, USMA

“An Analysis and Application of the Moral Equality of Soldiers in Light of Contemporary Warfare

Chaplain (Major, USA) Scott A. Sterling, US Army Chaplain Center and    School

“Nothing New in Guantanamo Bay: Precedent and 'Prisoners of War'”

Dr. Pauline M. Kaurin, Pacific Lutheran University

“Walzer and the Idea of an Unlawful Combatant”

Major (USA) Ted H. Reich, USMA

“The POW in a Time of Terrorism: An Investigation into Moral Status”

Captain (USA) Michael W. Brough, USMA

“Military Tribunals and Military Justice Jurisdiction--Forums at the Intersection of War and Justice”

Professor Tara M. Lee, University of California-Davis School of Law

Freedom fighters, Terrorists, Lawful combatants: Problems of Distinction”

Dr. Th. (Ted) A. van Baarda, Bureau for Ethics and the Amred Forces, Netherlands Ministry of Defence

 “The Appropriate Response to the Targeting of Civilians for a Military Purpose”

Cadet (USA) Margot Alexander, USMA

“Silence and the System in a Time of Terror”

Chaplain (Commander, USN) Charlotte E. Hunter, US Navy Chaplain Corps







The members of the JSCOPE Executive Board for 2002-2003 are as follows:


Lieutenant Colonel Bill Rhodes (Ret), USAF Representative and Chairman

            HQ USAFA/DFP

            2354 Fairchild Drive, Suite 6l37

            USAF Academy, CO 80840-6256


Colonel Tony Hartle, USA Representative

            Department of English

            United States Military Academy

            West Point, NY 10996-1791


Dr. Fran Harbour, Civilian Representative

            Dept. of Public/Int’l Affairs

            George Mason University

            4400 University Drive

            Fairfax, VA 22030


Commander Rob Ayer, USCG Representative

                        Department of Humanities (DH)

                        US Coast Guard Academy

                        New London, CT 06320


Commander Joe Catoe, USN Representative

                        History Department

                        United States Naval Academy

                        117 Decatur Road

                        Annapolis, Maryland 21402


Colonel Kenneth Strain, Canadian Forces Representative

Director of Defence Ethics,


MGen Pearkes Bldg

101 Colonel By drive

Ottawa Ontario Canada K1A OK2


Lieutenant Gary E. Slyman, USMC Representative

            Ethics Center

            United States Naval Academy

            Annapolis, Maryland 21402


In the meeting we passed a motion to require an executive board of 7 members, vice the old requirement for eight.  We also eliminated the requirement that only active duty members could serve on the board, but we still require that a majority of the board be composed of active duty members.


We authorized money for Fran to investigate the question of whether JSCOPE should seek nonprofit status.


We adjusted the terms of some board members to avoid having too many seats up for election in any given year:

            Rhodes’ term ends in ‘05

            Slyman’s term ends in ‘06

            Ayer’s term ends in ‘04

            Harbour’s term ends in ‘05

            Strain’s term end TBD


We selected two new members:

            Dr. George Lucas of the United States Naval Academy is the new Navy Representative; his term ends in ’06.

            LTC Dan Zupan of the United States Military Academy is the new Army Representative; his term ends in ’06.



JSCOPE 2004 will occur in January.  Although the decision is not yet final, the location will most probably be at a hotel in the DC area.  “Current Ethical Issues Affecting the Military Profession" will continue as a perennial theme, suitable for papers, but the special topic for next year will be:


The Status of Noncombatants


The Call for Papers for JSCOPE 2004 will include details about the topic and paper submission requirements.


The papers presented this year, notable in their quality, were also impressive in their scope.  We owe thanks to the authors for their admirable work, and we owe a special thanks to Dr. Carl Ficarotta, US Air Force Academy, who served as the Program Chair for 2003.  Dr. Ficarotta also maintains the JSCOPE web site at (

JSCOPE remains the only long-standing international forum for the exchange of ideas concerning the conduct and character of men and women in uniform and the development of professional military ethics. The efforts of JSCOPE participants provide the sole basis for its continuation and the service it provides.