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War crimes and just war
Author
Publisher
Cambridge University Press
Publication Date
2007
Language
English
Description
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Table of Contents
From the Book
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.
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ISBN
9780521691536
9780511277221
052187114
9780521871143
9780511277221
052187114
9780521871143
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