War Crimes and Just War

ISBN-13: 9780521691536 / Angielski / Miękka / 2007 / 358 str.

Larry May

Opis

War crimes are international crimes committed during armed conflict. Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. Throughout, May demonstrates that the principle of humanness in the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality.

Recenzje

"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

Spis treści

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?