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War Crimes and Just War

War Crimes and Just War
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 11
Release: 2007-02-12
Genre: Philosophy
ISBN: 1139463144

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Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.


War Crimes

War Crimes
Author: Matthew Talbert
Publisher: Oxford University Press, USA
Total Pages: 185
Release: 2018-11
Genre: Philosophy
ISBN: 019067587X

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In 2005, US Marines killed 24 unarmed Iraqi civilians in the town of Haditha, including several children. How should we assess the perpetrators of this and other war crimes? Is it unfair to blame the Marines because they were subject to situational pressures such as combat stress (and had lost one of their own in combat)? Or should they be held responsible for their actions, since they intentionally chose to kill civilians? In this book, Matthew Talbert and Jessica Wolfendale take up these moral questions and propose an original theory of the causes of war crimes and the responsibility of war crimes perpetrators. In the first half of the book, they challenge accounts that explain war crimes by reference to the situational pressures endured by military personnel, including peer pressure, combat stress, and propaganda. The authors propose an alternative theory that explains how military personnel make sense of their participation in war crimes through their self-conceptions, goals, and values. In the second half of the book, the authors consider and reject theories of responsibility that excuse perpetrators on the grounds that situational pressures often encourage them to believe that their behavior is permissible. Such theories of responsibility are unacceptably exculpatory, implying it is unreasonable for victims of war crimes to blame their attackers. By contrast, Talbert and Wolfendale argue that perpetrators of war crimes may be blameworthy if their actions express objectionable attitudes towards their victims, even if they sincerely believe that what they are doing is right.


Ethics, Nationalism, and Just War

Ethics, Nationalism, and Just War
Author: Henrik Syse
Publisher: CUA Press
Total Pages: 418
Release: 2007-09
Genre: History
ISBN: 0813215021

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The book covers a wide range of topics and raises issues rarely touched on in the ethics-of-war literature, such as environmental concerns and the responsibility of bystanders.


The Just War Revisited

The Just War Revisited
Author: Oliver O'Donovan
Publisher: Cambridge University Press
Total Pages: 154
Release: 2003-10-16
Genre: Philosophy
ISBN: 9780521538992

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Leading political theologian Oliver O'Donovan takes a fresh look at some traditional moral arguments about war. Christians differ widely on this issue. The book re-examines questions of contemporary urgency, including the use of biological and nuclear weapons, military intervention, economic sanctions, and the role of the UN. It opens with a challenging dedication to the new Archbishop of Canterbury and proceeds to shed light on vital topics with which that Archbishop and others will be very directly engaged. It should be read by anyone concerned with the ethics of warfare.


War and International Justice

War and International Justice
Author: Brian Orend
Publisher: Wilfrid Laurier Univ. Press
Total Pages: 283
Release: 2010-10-30
Genre: Philosophy
ISBN: 1554587638

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Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.


The Cambridge Handbook of the Just War

The Cambridge Handbook of the Just War
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 369
Release: 2018-02-15
Genre: Law
ISBN: 1107152496

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A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.


The Just War Tradition: Applying Old Ethics to New Problems

The Just War Tradition: Applying Old Ethics to New Problems
Author: Davis Brown
Publisher: Routledge
Total Pages: 229
Release: 2017-07-05
Genre: History
ISBN: 1351543164

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This collection examines the role of the just war tradition and its criteria in solving pressing present-day challenges. In particular, it deals with three types of challenges to world public order. One is anticipatory self-defense, in which one state attacks another to pre-empt or prevent an attack on itself, as the United States claimed in relation to Iraq in 2003. The second challenge is humanitarian intervention, in which one state attacks another to stop gross, large-scale violations of human rights, as NATO claimed to be doing on behalf of Kosovo in 1999. Both practices may erode world public order, given the normative strength of Article 2(4) of the UN Charter prohibiting the threat or use of force against other states. However, both practices pose dilemmas, in that they also preserve world public order by not allowing impunity for human rights abusers or the misuse of international law to the advantage of genuine aggressors. The third challenge is the execution of warfare in a new geopolitical environment characterized by new technologies and asymmetry of belligerents. The chapters in this book, written from a variety of disciplinary perspectives, turn to the just war tradition to attempt to resolve these tensions.This book was based on a special issue of the Journal of Military Ethics.


The Just War Revisited

The Just War Revisited
Author: Oliver O'Donovan
Publisher:
Total Pages: 139
Release: 2003
Genre: War
ISBN: 9780511071492

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Leading political theologian Oliver O'Donovan takes a fresh look at some traditional moral arguments about war. Christians differ widely on this issue. The book re-examines questions of contemporary urgency, including the use of biological and nuclear weapons, military intervention, economic sanctions, war-crimes trials, and the role of the UN.


Routledge Handbook of Ethics and War

Routledge Handbook of Ethics and War
Author: Fritz Allhoff
Publisher: Routledge
Total Pages: 605
Release: 2013-06-26
Genre: Philosophy
ISBN: 1136260994

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This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.


The Ethics of War and Peace

The Ethics of War and Peace
Author: Helen Frowe
Publisher: Routledge
Total Pages: 254
Release: 2013-03
Genre: Philosophy
ISBN: 1136666753

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When is it right to go to war? When is a war illegal? What are the rules of engagement? What should happen when a war is over? How should we view terrorism? The Ethics of War and Peace is a fresh and contemporary introduction to one of the oldest but still most relevant ethical debates. It introduces students to contemporary Just War Theory in a stimulating and engaging way, perfect for those approaching the topic for the first time. Helen Frowe explains the core issues in Just War Theory, and chapter by chapter examines the recent and ongoing philosophical? debates on: theories of self defence and national defence Jus ad Bellum, Jus in Bello, and Jus post Bellum the moral status of combatants the principle of non-combatant immunity the nature of terrorism and the moral status of terrorists. Each chapter concludes with a useful summary, discussion questions and suggestions for further reading, to aid student learning and revision. The Ethics of War and Peace is the ideal textbook for students studying philosophy, politics and international relations.