Justice After War

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War and International Justice

Author : Brian Orend
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1554587638
Total Pages : 283 pages
Book Rating : 4.5/5 (545 download)

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Book Synopsis War and International Justice by : Brian Orend

Download or read book War and International Justice written by Brian Orend and published by Wilfrid Laurier Univ. Press. This book was released on 2010-10-30 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Peace and Justice

Author : Rachel Kerr
Publisher : John Wiley & Sons
ISBN 13 : 0745657753
Total Pages : 263 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Peace and Justice by : Rachel Kerr

Download or read book Peace and Justice written by Rachel Kerr and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.

Reconciliation after War

Author : Rachel Kerr
Publisher : Routledge
ISBN 13 : 1000331245
Total Pages : 368 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Reconciliation after War by : Rachel Kerr

Download or read book Reconciliation after War written by Rachel Kerr and published by Routledge. This book was released on 2021-01-06 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.

Constructing Justice and Security After War

Author : Charles Call
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223909
Total Pages : 474 pages
Book Rating : 4.2/5 (239 download)

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Book Synopsis Constructing Justice and Security After War by : Charles Call

Download or read book Constructing Justice and Security After War written by Charles Call and published by US Institute of Peace Press. This book was released on 2007 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Constructing Justice and Security after War, the distinguished contributors - including scholars, criminal justice practitioners, and former senior officials of international missions - examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement. The volume offers generalizations based on careful comparisons of justice and security reforms in some of the most prominent and successful cases of transitions from war of the 1990s drawn from Central America, Africa, the Balkans, and East Timor."--BOOK JACKET.

After the Smoke Clears

Author : Mark J. Allman
Publisher : Orbis Books
ISBN 13 : 157075859X
Total Pages : 233 pages
Book Rating : 4.5/5 (77 download)

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Book Synopsis After the Smoke Clears by : Mark J. Allman

Download or read book After the Smoke Clears written by Mark J. Allman and published by Orbis Books. This book was released on 2010 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once the smoke of the battlefield blows away, what are the moral requirements of the "victor"? While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, "`Victory' is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today's conflicts....After the smoke clears, the powers that be may declare `mission accomplished' when, as Ezekiel long ago said, there really is no peace." "Allman and Winright provide readers with a clear, concise, balanced, and informed assessment of an important topic in debates about modern warfare: the issue of moral duties in a post-conflict situation."---Kenneth R. Himes, O.F.M., Boston College "Timely and readable...Shows us not only that nations have responsibilities after war `ends,' but also that reconstructing societies requires specific processes of restoration."---Lisa Sowle Cahill, Boston College

Jus Post Bellum

Author : Patrick Mileham
Publisher : BRILL
ISBN 13 : 9004411046
Total Pages : 478 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Jus Post Bellum by : Patrick Mileham

Download or read book Jus Post Bellum written by Patrick Mileham and published by BRILL. This book was released on 2020-03-17 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.

Japanese War Criminals

Author : Sandra Wilson
Publisher : Columbia University Press
ISBN 13 : 0231542682
Total Pages : 436 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Japanese War Criminals by : Sandra Wilson

Download or read book Japanese War Criminals written by Sandra Wilson and published by Columbia University Press. This book was released on 2017-02-14 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

Constructing Justice and Security After War

Author : Charles Call
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223893
Total Pages : 460 pages
Book Rating : 4.2/5 (238 download)

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Book Synopsis Constructing Justice and Security After War by : Charles Call

Download or read book Constructing Justice and Security After War written by Charles Call and published by US Institute of Peace Press. This book was released on 2007 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished scholars, criminal justice practitioners, and former senior officials of international missions examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement.

Punishment, Justice and International Relations

Author : Anthony F. Lang Jr.
Publisher : Routledge
ISBN 13 : 1134070608
Total Pages : 206 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Punishment, Justice and International Relations by : Anthony F. Lang Jr.

Download or read book Punishment, Justice and International Relations written by Anthony F. Lang Jr. and published by Routledge. This book was released on 2009-10-16 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international political order in the post-Cold War era, arguing that this order has become progressively more punitive. This is seen as resulting from both a human-rights regime that emphasizes legal norms and the aggressive policies of the United States and its allies in the ‘War on Terror’. While punishment can play a key role in creating justice in a political system, serious flaws in the current global order militate against punishment-enforcing global norms. The book argues for the necessary presence of three key concepts - justice, authority and agency - if punishment is to function effectively, and explores four practices in the current international system: intervention, sanctions, counter- terrorism policy, and war crimes tribunals. It concludes by suggesting ways to revise the current global political structure in order to enable punitive practices to play a more central role in creating a just world order. This book will be of much interest to students of International Law, Political Science and International Relations.

Customary Justice and the Rule of Law in War-torn Societies

Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Peace with Justice?

Author : Paul R. Williams
Publisher : Rowman & Littlefield
ISBN 13 : 9780742518568
Total Pages : 354 pages
Book Rating : 4.5/5 (185 download)

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Book Synopsis Peace with Justice? by : Paul R. Williams

Download or read book Peace with Justice? written by Paul R. Williams and published by Rowman & Littlefield. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

Kosovo and Transitional Justice

Author : Aidan Hehir
Publisher : Routledge
ISBN 13 : 1000409961
Total Pages : 161 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Kosovo and Transitional Justice by : Aidan Hehir

Download or read book Kosovo and Transitional Justice written by Aidan Hehir and published by Routledge. This book was released on 2021-07-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy of transitional justice. This volume analyses the nature and impact of the various mechanisms employed to date in Kosovo to determine their effects within the country, and their broader international significance. Various critical issues are examined through an exploration of the institutional mechanisms employed in each case, their coherence with existing theories on "best practice" principles, and the broader implications of their efficacy in Kosovo. This book will be of much interest to students of transitional justice, statebuilding, Balkan politics, and International Relations in general.

Ending Wars Well

Author : Eric D. Patterson
Publisher : Yale University Press
ISBN 13 : 0300183526
Total Pages : 203 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Ending Wars Well by : Eric D. Patterson

Download or read book Ending Wars Well written by Eric D. Patterson and published by Yale University Press. This book was released on 2012-08-21 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though scholars of political science and moral philosophy have long analyzed the justifications for and against waging war as well as the ethics of warfare itself, the problem of ending wars has received less attention. In the first book to apply just war theory to this phase of conflict, Eric Patterson presents a three-part view of justice in end-of-war settings involving order, justice, and reconciliation. Patterson’s case studies range from successful applications of jus post bellum, such as the U.S. Civil War or Kosovo, to challenges such as present-day Iraq.

As War Ends

Author : James Meernik
Publisher : Cambridge University Press
ISBN 13 : 1108585671
Total Pages : 447 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis As War Ends by : James Meernik

Download or read book As War Ends written by James Meernik and published by Cambridge University Press. This book was released on 2019-07-25 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.

War Crimes Tribunals and Transitional Justice

Author : Madoka Futamura
Publisher : Routledge
ISBN 13 : 1134091311
Total Pages : 240 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis War Crimes Tribunals and Transitional Justice by : Madoka Futamura

Download or read book War Crimes Tribunals and Transitional Justice written by Madoka Futamura and published by Routledge. This book was released on 2007-10-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.

Politics, Justice, and War

Author : Joseph E. Capizzi
Publisher : Oxford Studies in Theological
ISBN 13 : 0198723954
Total Pages : 232 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Politics, Justice, and War by : Joseph E. Capizzi

Download or read book Politics, Justice, and War written by Joseph E. Capizzi and published by Oxford Studies in Theological. This book was released on 2015 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The just war ethic emerges from an affirmative response to the basic question of whether people may sometimes permissibly intend to kill other people. In Politics, Justice, and War, Joseph E. Capizzi clarifies the meaning and coherence of the "just war" approach, to the use of force in the context of Christian ethics. By reconnecting the just war ethic to an Augustinian political approach, Capizzi illustrates that the just war ethic requires emphasis on the "right intention," or goal, of peace as ordered justice. With peace set as the goal of war, the various criteria of the just war ethic gain their intelligibility and help provide practical guidance to all levels of society regarding when to go to war and how to strive to contain it. So conceived, the ethic places stringent limits on noncombatant or "innocent" killing in war, helps make sense of contemporary technological and strategic challenges, and opens up space for a critical and constructive dialogue with international law.

War, Ethics and Justice

Author : Annika Bergman-Rosamond
Publisher : Routledge
ISBN 13 : 1135245991
Total Pages : 208 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis War, Ethics and Justice by : Annika Bergman-Rosamond

Download or read book War, Ethics and Justice written by Annika Bergman-Rosamond and published by Routledge. This book was released on 2011-01-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses the key issues of ethics, war and international relations in the post-9/11 world. There is a lively debate in contemporary international relations concerning the relationship between statist obligations to one’s own political community and cosmopolitan duties to distant others. This volume contributes to this debate by investigating aspects of the ethics of national military and security and intelligence policies in the post-9/11 environment. The discursive transformation of national militaries into ‘forces for good’ became normalized as the Cold War subsided. While the number of humanitarian military interventions and operations rose considerably in the immediate post-Cold War period, the advent of the ‘war on terror’ raised questions about exactly what we mean by ethical behaviour in terms of military and security policies. This volume interrogates this key question via a focus that is both distinctive and illuminating – on national military ethics; femininities, masculinities and difference; and intelligence ethics. The key objectives are to demonstrate the important linkages between areas of international relations that are all too often treated in isolation from one another, and to investigate the growing tension between cosmopolitan and communitarian conceptions of intelligence and security and the use of armed force. This book will be of much interest to students of security studies, ethics, gender studies, intelligence studies, and international relations in general. Mark Phythian is Professor of Politics in the Department of Politics and International Relations at the University of Leicester. He is the author or editor/co-editor of ten books. Annika Bergman-Rosamond is Senior Researcher at the Danish Institute for International Studies in Copenhagen.