Oliver Kamm sums up the arguments against the recent decision to ban cluster munitions here, both in the article itself and the comments that follow. Even if his endorsement of the United States as the ultimate arbiter of world security is not much to my taste the rest of his arguments seem pretty unanswerable. The treaty is about making well-meaning people feel good about themselves rather than saving the lives of non-combatants. Or as Max Weber said many years ago
We must be clear about the fact that all ethically oriented conduct may be guided by one of two fundamentally differing and irreconcilably opposed maxims: conduct can be oriented to an ‘ethic of ultimate ends’ or to an ‘ethic of responsibility.’ This is not to say that an ethic of ultimate ends is identical with irresponsibility, or that an ethic of responsibility is identical with unprincipled opportunism. Naturally nobody says that. However, there is an abysmal contrast between conduct that follows the maxim of an ethic of ultimate ends – that is, in religious terms, ‘The Christian does rightly and leaves the results with the Lord’ – and conduct that follows the maxim of an ethic of responsibility, in which case one has to give an account of the foreseeable results of one’s action.
You may demonstrate to a convinced trade unionist, believing in an ethic of ultimate ends, that his action will result in increasing the opportunities of reaction, in increasing the oppression of his class, and obstructing its ascent–and you will not make the slightest impression upon him. If an action of good intent leads to bad results, then, in the actor’s eyes, not he but the world, or the stupidity of other men, or God’s will who made them thus, is responsible for the evil. However a man who believes in an ethic of responsibility takes account of precisely the average deficiencies of people; as Fichte has correctly said, he does not even have the right to presuppose their goodness and perfection. He does not feel in a position to burden others with the results of his own actions so far as he was able to foresee them; he will say: these results are ascribed to my action. The believer in an ethic of ultimate ends feels ‘responsible’ only for seeing to it that the flame of pure intentions is not quenched: for example, the flame of protesting against the injustice of the social order. To rekindle the flame ever anew is the purpose of his quite irrational deeds, judged in view of their possible success. They are acts that can and shall have only exemplary value.