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War Crimes And Just War
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Book Synopsis War Crimes and Just War by : Larry May
Download or read book War Crimes and Just War written by Larry May and published by Cambridge University Press. This book was released on 2007-02-12 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book War Crimes written by Matthew Talbert and published by Oxford University Press, USA. This book was released on 2018-11 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Just War Revisited by : Oliver O'Donovan
Download or read book The Just War Revisited written by Oliver O'Donovan and published by Cambridge University Press. This book was released on 2003-10-16 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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
Book Synopsis Ethics, Nationalism, and Just War by : Henrik Syse
Download or read book Ethics, Nationalism, and Just War written by Henrik Syse and published by CUA Press. This book was released on 2007-09 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Directions in Just-war Theory by : J. Toby Reiner
Download or read book New Directions in Just-war Theory written by J. Toby Reiner and published by . This book was released on 2018 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just-war theory has a long and distinguished history that stretches back to the Christian theologians of medieval Europe. Yet principles of just war must develop alongside social norms, standards of military practice and technology, and civilian-military relationships. Since World War II, and especially since American involvement in Vietnam, military ethics has developed into an academic cottage industry. As commonly taught to undergraduates and military practitioners, contemporary just-war theory seeks to ensure the political sovereignty and territorial integrity of nation-states. The theory insists that the only just wars are defensive ones and forbids wars of national aggrandizement. On this view, because of the right to collective self-determination, wars must not seek to remake the world order, as that would undermine state sovereignty.In recent decades, however, cosmopolitan philosophers have challenged various aspects of the traditional edifice in an attempt to use just-war theory to enhance the protection of human rights around the world. Scholars have argued for greater scope for humanitarian intervention to protect individuals against their own government, for principles of justice after war to ensure that all states are legitimate, and most radically, for the responsibility of ordinary combatants to assess for themselves the justice of their military's cause. On this last argument, because combatants whose cause is just have done nothing to lose their immunity from harm, attacking them is unjust, and combatants whose cause is unjust cannot fight with discrimination.This publication surveys these recent developments, and it finds that they provide a radical challenge to both the theory and the practice of contemporary warfare. Of particular importance is its insistence on the need to strengthen international institutions, so as to provide combatants with an impartial perspective on their side's cause, and to strengthen military ethics education; and its suggestion that policies on dishonorable discharge be rethought. However, this monograph also challenges certain aspects of the new approach, suggesting important connections between military ethics and democratic theory and practice.
Download or read book Crimes of War written by Roy Gutman and published by W. W. Norton & Company. This book was released on 1999 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gulf War, Frank Smyth
Download or read book Killing in War written by Jeff McMahan and published by OUP Oxford. This book was released on 2009-04-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Book Synopsis Yamashita's Ghost by : Allan A. Ryan
Download or read book Yamashita's Ghost written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2014-10-17 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Book Synopsis War By Agreement by : Yitzhak Benbaji
Download or read book War By Agreement written by Yitzhak Benbaji and published by Oxford University Press. This book was released on 2019-10-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee
Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2011 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Book Synopsis War Crimes Against Southern Civilians by : Walter Brian Cisco
Download or read book War Crimes Against Southern Civilians written by Walter Brian Cisco and published by Shotwell Publishing LLC. This book was released on 2021-08-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Walter Brian Cisco's War Crimes Against Southern Civilians is the first book-length survey of the Union's "hard war" against the people of the Confederacy--one that included the shelling and burning of cities, systematic destruction of entire districts, mass arrests, forced expulsions, wholesale plundering, and murder. In a series of compelling chapters, Cisco chronicles the St. Louis massacre, where Federal authorities proceeded to impose a reign of terror and dictatorship in Missouri. He tells of the events leading to, and the suffering caused by, the Federal decree that forced twenty thousand Missouri civilians into exile. The arrests of civilians, the suppression of civil liberties, theft, and murder to "restore the union" in Tennessee are also examined. Women and children were robbed, brutalized, and left homeless in Sherman's infamous raid through Georgia. In South Carolina, homes, farms, churches, and whole towns disappeared in flames. Civilians received no mercy at the hands of the Union invaders. Thoroughly researched from sources including letters, diaries, and newspaper accounts of the time, Walter Brian Cisco's exhaustive book notably pays careful attention to the suffering of African-American victims of Federal brutality, revealing that wherever Federal troops encountered Southern blacks, whether free or slave, they were robbed, brutalized, belittled, kidnapped, threatened, tortured, and sometimes raped or killed by their blue-clad "liberators." Apologists for Lincoln's hard war continue to downplay the suffering endured and the damage done, blame the victims, or call some of the above incidents "accidents" or "mistakes." Many also cling to the Lincolnian myth that only by the most horrendous of wars could the slaves be freed, ignoring the fact that the rest of the Western world managed to bring an end to the institution without bloodshed. This book serves to set the record straight and to show that the war on Southern civilians was not justified, despite the convictions by many that such a war was necessary to save the union. Walter Brian Cisco's first book, States Rights Gist: A South Carolina General of the Civil War, a biography of the little-known general, was a 1992 selection of the History Book Club. He is also the author of Taking a Stand: Portraits from the Southern Secession Movement, Henry Timrod: A Biography, and Wade Hampton: Confederate Warrior, Conservative Statesman, considered the definitive biography of Hampton and the 2006 winner of the Douglas Southall Freeman History Award. He lives in Orangeburg, South Carolina. "Of all the enormities committed by Americans in the nineteenth century--including slavery and the Indian wars--the worst was the invasion of the South, which destroyed some twenty billion dollars of private and public property and resulted in the deaths of some two million people, most of whom were civilians--both white and black." --David Aiken, editor of A City Laid Waste: The Capture, Sack, and Destruction of the City of Columbia
Book Synopsis A World History of War Crimes by : Michael Bryant
Download or read book A World History of War Crimes written by Michael Bryant and published by Bloomsbury Publishing. This book was released on 2015-12-17 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.
Book Synopsis The Cambridge Handbook of the Just War by : Larry May
Download or read book The Cambridge Handbook of the Just War written by Larry May and published by Cambridge University Press. This book was released on 2018-02-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.
Book Synopsis The Morality of War by : David Todd Kinsella
Download or read book The Morality of War written by David Todd Kinsella and published by . This book was released on 2007 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: ?A highly useful core text for courses in the field?as well as an invaluable reference for any serious student of the ethics of war.??Albert Pierce, U.S. Naval AcademyWhen and why is war justified? How, morally speaking, should wars be fought? The Morality of War confronts these challenging questions, surveying the fundamental principles and themes of the just war tradition through the words of the philosophers, jurists, and warriors who have shaped it.The collection begins with the foundational works of just war theory, as well as those of two competing perspectives, realism and pacifism. Subsequent selections focus on issues related to the resort to war, the conduct of war, and the judgment of war crimes. Both traditional just war concerns and those that have emerged in response to contemporary developments?such as the U.S. ?war on terror??are thoroughly covered.With articles that are crucially relevant to today?s world paired with contextual introductions to each section, the reader is ideally constructed to inform and guide students as they consider the morality of past and current military actions.David Kinsella is associate professor of political science at the Hatfield School of Government, Portland State University. He is editor of International Studies Perspectives and coauthor of World Politics: The Menu for Choice. Craig L. Carr is professor of political science at the Hatfield School of Government. He is author of On Fairness and editor of The Political Writings of Samuel Pufendorf.
Book Synopsis The Just War Revisited by : Oliver O'Donovan
Download or read book The Just War Revisited written by Oliver O'Donovan and published by . This book was released on 2003 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
