Acknowledgments | p. ix |
Introduction: Justifying War but Restricting Tactics | p. 1 |
The Just War Tradition and War Crimes | p. 3 |
Humanitarian Concerns | p. 8 |
Justificatory Hurdles | p. 12 |
Classifying War Crimes | p. 17 |
Summary of the Arguments of the Book | p. 20 |
Philosophical Groundings | |
Collective Responsibility and Honor During War | p. 25 |
The Moral Equality of Soldiers | p. 27 |
The Honor of Soliders | p. 30 |
Collective Responsibility for Increased Vulnerability | p. 35 |
Harming Humanity and War Crimes Prosecutions | p. 40 |
Protected Persons During War | p. 44 |
Jus Gentium and Minimal Natural Law | p. 48 |
Grotius on the Sources of Jus Gentium | p. 50 |
Grotian Natural Law Theory and the Rules of War | p. 53 |
Refining the Principle of Humanity | p. 57 |
Connecting Consensual and Universal Sources of the Rules of War | p. 62 |
Humane Treatment as the Cornerstone of the Rules of War | p. 67 |
The Geneva Conventions and International Humanitarian Law | p. 68 |
The Concept of Humane Treatment | p. 71 |
Compassion and Minimal Suffering | p. 75 |
Mercy, Equity, and Honor | p. 79 |
Human Rights and Humane Treatment | p. 86 |
Problems in Identifying War Crimes | |
Killing Naked Soldiers: Combatants and Noncombatants | p. 93 |
Some Notes on the Metaphysics of Social Groups | p. 95 |
Identifying Soldiers and Civilians | p. 99 |
The Guilty and the Innocent | p. 104 |
The Case of the Naked Soldier | p. 108 |
Saving the Principle of Discrimination | p. 112 |
Shooting Poisoned Arrows: Banned and Accepted Weapons | p. 118 |
An Absolute Ban? | p. 119 |
Gentili on the Use of Poisons | p. 124 |
Grotius and Fairness in Contests | p. 128 |
Minimizing Suffering | p. 132 |
Poisoning and Necessity | p. 136 |
Torturing Prisoners of War: Normal and Confined Soldiers | p. 140 |
Grotius on Slaves and Prisoners of War | p. 141 |
Confinement and Torture | p. 146 |
Fiduciary and Stewardship Obligations | p. 150 |
The Moral Equality of Prisoners of War | p. 154 |
Refocusing the Proportionality Principle | p. 158 |
Normative Principles | |
The Principle of Discrimination or Distinction | p. 167 |
Focusing on Status Rather than Behavior | p. 168 |
Humane Treatment and Discrimination | p. 172 |
The Naked Soldier Returns | p. 176 |
Objections | p. 180 |
Individualism and Collectivism | p. 184 |
The Principle of Necessity | p. 190 |
Poisons and Aerial Bombardment | p. 191 |
Necessity and Humane Treatment | p. 195 |
Necessity in Domestic and International Criminal Law | p. 199 |
Formulating a Test for Military Necessity | p. 204 |
Relating Proportionality and Necessity | p. 208 |
The Principle of Proportionality | p. 211 |
The Israeli Case | p. 212 |
Humane Treatment and Proportionality | p. 218 |
Proportionality and Weighing Lives | p. 223 |
Connecting the Normative Principles of Jus in Bello | p. 227 |
Prosecuting War Crimes | |
Prosecuting Soldiers for War Crimes | p. 235 |
The Kvocka Case | p. 236 |
The Mens Rea of Camp Guards | p. 239 |
Criminal Liability of Soldiers | p. 243 |
Joint Criminal Liability | p. 247 |
Collective Liability and International Crime | p. 251 |
Prosecuting Military Leaders for War Crimes | p. 256 |
The Case Against General Blaskic | p. 257 |
Blaskic's Appeal | p. 261 |
The Mens Rea of Leaders | p. 264 |
Negligence in International Criminal Law | p. 267 |
Benighting Acts, Willfulness, and Precommitment | p. 273 |
Commanded and Commanding Defenses | p. 279 |
Military Leaders and Necessity | p. 280 |
Soldiers and Duress | p. 284 |
Mitigation of Punishment for War Crimes | p. 289 |
War and Coercion | p. 293 |
Treating Soldiers and Commanders Humanely | p. 297 |
Epilogue and Conclusions: Should Terrorists be Treated Humanely? | p. 301 |
The Problem of Terrorists | p. 303 |
Who are the Terrorists? | p. 306 |
What are Terrorists Owed? | p. 309 |
Honor and Instilling Humaneness | p. 312 |
Tu Quoque | p. 316 |
Conclusions and the Grotian Project | p. 318 |
Bibliography | p. 325 |
Index | p. 335 |
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