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War Crimes and Just War

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Hardcover | 12 February 2007

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Hardcover
358 Pages

Dimensions(cm)
22.86 x 15.24 x 2.39

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War crimes are international crimes committed during armed conflict. Larry May argues that the best way to understand war crimes is as crimes against humaneness 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 honor on the battlefield. Humanitarian considerations of mercy and compassion count morally in war, even if soldiers fight with just cause and their opponents have committed atrocities. Throughout, May demonstrates that the principle of humaneness 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 Criminal Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Industry Reviews

"...An excellent book-a pleasure to read, and one of the very few to consider searchingly the deepest moral and political roots of just war theory and the international laws of armed conflict. It offers a unique, refreshing, and important contribution to just war theory in its attempt to blend law with morality, and to revive a virtue ethics reading of the relevant principles. Whether one agrees with May's approach or not, this is essential reading for anyone interested in the concepts of just war." -Brian Orend, Ethics and International Affairs "Readers with philosophical or legal interest in [Just War] issues will not want to miss May's book, in which he offers much that is novel and more that is insightful." -Peter Tramel, West Point, Notre Dame Philosophical Reviews "The book is well-written, thoughtful, and has been highly praised in academic circles...The authors approach to war crimes is to be commended." Fred L. Borch, Military History

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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
Table of Contents provided by Ingram. All Rights Reserved.

War Crimes and Just War

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

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