War Crimes and Just War


Book Description

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 and Just War


Book Description

Argues that war crimes are best understood as crimes against humanness rather than violations of justice.




War Crimes


Book Description

Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.




Is Just War Possible?


Book Description

The idea that war is sometimes justified is deeply embedded in public consciousness. But it is only credible so long as we believe that the ethical standards of just war are in fact realizable in practice. In this engaging book, Christopher Finlay elucidates the assumptions underlying just war theory and defends them from a range of objections, arguing that it is a regrettable but necessary reflection of the moral realities of international politics. Using a range of historical and contemporary examples, he demonstrates the necessity of employing the theory on the basis of careful moral appraisal of real-life political landscapes and striking a balance between theoretical ideals and the practical realities of conflict. This book will be a crucial guide to the complexities of just war theory for all students and scholars of the ethics and political theory of war.




The Just War Revisited


Book Description

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


Book Description

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.




Crimes of War


Book Description

Gulf War, Frank Smyth




Ethics Beyond War's End


Book Description

The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral? Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.




Women as War Criminals


Book Description

Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavšic), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.




Law, War and Crime


Book Description

From events at Nuremberg and Tokyo after World War II, to the trials of Slobodan Molosevic and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. This book examines the meaning of such trials and their cultural and political effects.