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War Crimes and Just War

Autor Larry May
en Limba Engleză Hardback – 11 feb 2007
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.
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Specificații

ISBN-13: 9780521871143
ISBN-10: 052187114X
Pagini: 358
Dimensiuni: 158 x 235 x 25 mm
Greutate: 0.59 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

Introduction: 1. Justifying war but restricting tactics; Part A. Philosophical Groundings: 2. Collective responsibility and honor during war; 3. Jus gentium and minimal natural law; 4. Humane treatment as the cornerstone of the rules of war; Part B. Problems in Identifying War Crimes: 5. Killing naked soldiers: combatants and noncombatants; 6. Shooting poisoned arrows: banned and accepted weapons; 7. Torturing prisoners of war: protected and normal soldiers; Part C. Normative Principles: 8. The principle of discrimination or distinction; 9. The principle of necessity; 10. The principle of proportionality; Part D. Prosecuting War Crimes: 11. Prosecuting soldiers for war crimes; 12. Prosecuting military leaders for war crimes; 13. Commanded and commanding defenses; Epilogue and Conclusions: 14. Should terrorists be treated humanely?

Recenzii

"...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
"Larry May has produced a very serious tome that is logically organized, cogently written, deeply researched, and profoundly expressed...The work is especially important in this new world in which interstate war, or at least the threat of it, unfortunately seems to be making a comeback...should be required reading in both the classroom and the halls of power. Summing up: Essential."
-M.D. Crosston, Clemson University, Choice

Notă biografică


Descriere

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