Justice After War

"In Constructing Justice and Security after War, the distinguished contributors - including scholars, criminal justice practitioners, and former senior officials of international missions - examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement. The volume offers generalizations based on careful comparisons of justice and security reforms in some of the most prominent and successful cases of transitions from war of the 1990s drawn from Central America, Africa, the Balkans, and East Timor."--BOOK JACKET.

This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.

Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.

Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

Once the smoke of the battlefield blows away, what are the moral requirements of the "victor"? While most studies of just war focus on the rationale for going to war and the conduct of the war, this important book examines the period after the conflict. What must be done to restore justice? In the words of the authors, "`Victory' is declared by presidents and other leaders, yet all too often no just peace is to be found in the wake of today's conflicts....After the smoke clears, the powers that be may declare `mission accomplished' when, as Ezekiel long ago said, there really is no peace." "Allman and Winright provide readers with a clear, concise, balanced, and informed assessment of an important topic in debates about modern warfare: the issue of moral duties in a post-conflict situation."---Kenneth R. Himes, O.F.M., Boston College "Timely and readable...Shows us not only that nations have responsibilities after war `ends,' but also that reconstructing societies requires specific processes of restoration."---Lisa Sowle Cahill, Boston College

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

This book examines the international political order in the post-Cold War era, arguing that this order has become progressively more punitive. This is seen as resulting from both a human-rights regime that emphasizes legal norms and the aggressive policies of the United States and its allies in the ‘War on Terror’. While punishment can play a key role in creating justice in a political system, serious flaws in the current global order militate against punishment-enforcing global norms. The book argues for the necessary presence of three key concepts - justice, authority and agency - if punishment is to function effectively, and explores four practices in the current international system: intervention, sanctions, counter- terrorism policy, and war crimes tribunals. It concludes by suggesting ways to revise the current global political structure in order to enable punitive practices to play a more central role in creating a just world order. This book will be of much interest to students of International Law, Political Science and International Relations.

In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.