An edition of War Crimes and Just War (2006)

War crimes and just war

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Last edited by ImportBot
September 17, 2024 | History
An edition of War Crimes and Just War (2006)

War crimes and just war

  • 1 Want to read

"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."--BOOK JACKET.

Publish Date
Language
English
Pages
343

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Previews available in: English

Edition Availability
Cover of: War Crimes and Just War
War Crimes and Just War
February 12, 2007, Cambridge University Press
Hardcover in English - 1 edition
Cover of: War Crimes and Just War
War Crimes and Just War
February 12, 2007, Cambridge University Press
Paperback in English - 1 edition
Cover of: War Crimes and Just War
War Crimes and Just War
2007, Cambridge University Press
eBook in English
Cover of: War crimes and just war
War crimes and just war
2006, Cambridge University Press
in English

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Book Details


Table of Contents

Introduction
Justifying war but restricting tactics
The just war tradition and war crimes
Humanitarian concerns
Justificatory hurdles
Classifying war crimes
Summary of the arguments of the book
Philosophical groundings
Collective responsibility and honor during war
The moral equality of soldiers
The honor of soldiers
Collective responsibility for increased vulnerability
Harming humanity and war crimes prosecutions
Protected persons during war
Jus gentium and minimal natural law
Grotius on the sources of jus gentium
Grotian natural law theory and the rules of war
Refining the principle of humanity
Connecting consensual and universal sources of the rules of war
Humane treatment as the cornerstone of the rules of war
The Geneva conventions and international humanitarian law
The concept of humane treatment
Compassion and minimal suffering
Mercy, equity, and honor
Human rights and humane treatment
^Problems in identifying war crimes
Killing naked soldiers : combatants and noncombatants
Some notes on the metaphysics of social groups
Identifying soldiers and civilians
The guilty and the innocent
The case of the naked soldier
Saving the principle of discrimination
Shooting poisoned arrows : banned and accepted weapons
An absolute ban?
Gentili on the use of poisons
Grotius and fairness in contests
Minimizing suffering
Poisoning and necessity
Torturing prisoners of war : protected and normal soldiers
Grotius on slaves and prisoners
Confinement and torture
Fiduciary and stewardship obligations
The moral equality of prisoners of war
Refocusing the proportionality principle
Normative principles
The principle of discrimination or distinction
Focusing on status rather than behavior
Humane treatment and discrimination
The naked soldier returns
Objections
Individualism and collectivism
^The principle of necessity
Poisons and aerial bombardment
Necessity and humane treatment
Necessity in domestic and international criminal law
Formulating a test for military necessity
Relating proportionality and necessity
The principle of proportionality
The israeli case
Humane treatment and proportionality
Proportionality and weighing lives
Connecting the normative principles of jus in bello
Prosecuting war crimes
Prosecuting soldiers for war crimes
The Kvocka case
The men's REA of camp guards
Criminal liability of soldiers
Joint criminal liability
Collective liability and international crime
Prosecuting military leaders for war crimes
The case against General Blaskic
Blaskic's appeal
The men's REA of leaders
Negligence in international criminal law
Benighting acts, willfulness, and pre-commitment
Commanded and commanding defenses
Military leaders and necessity
Soldiers and duress
^Mitigation of punishment for war crimes
War and coercion
Treating soldiers and commanders humanely
Epilogue and conclusions
Should terrorists be treated humanely?
The problem of terrorists
Who are the terrorists?
What terrorists are owed?
Honor and instilling humaneness
Tu quoque
Conclusions and the grotian project.

Edition Notes

Includes bibliographical references and index.

Published in
New York

Classifications

Dewey Decimal Class
172/.42
Library of Congress
B105.W3 M39 2006, B105.W3M39 2006, B105.W3 M39 2007, B105.W3 M39 2007x

The Physical Object

Pagination
xi, 343 p. ;
Number of pages
343

ID Numbers

Open Library
OL21058043M
Internet Archive
warcrimesjustwar0000mayl
ISBN 10
052187114X, 0521691532
ISBN 13
9780521871143, 9780521691536
LCCN
2006014489
OCLC/WorldCat
68711951, 229303404
Goodreads
669936
6241204

Work Description

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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September 17, 2024 Edited by ImportBot import existing book
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