War And Justice In The 21st Century

"This book is a case study of my nine-year practice as the first Chief Prosecutor of the International Criminal Court (ICC). It presents the functioning of the autonomous criminal justice system created by the Rome Statute. The book depicts the Rome Statute operations, its interaction with the War on Terror, and their relationship with national legal systems and the UN Security Council. It comments on regional organizations, including the mechanisms to protect human rights established during the fifties in Europe, after in the Americas, and more recently in Africa"--

Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.

Chapter Introduction -- chapter 1 Walzer's formulation of just cause -- chapter 2 Walzer's innovations -- chapter 3 Stable grounds for the non- intervention norm -- chapter 4 Just cause -- chapter 5 Other jus ad bellum categories -- chapter 6 Intervention in Kosovo.

Esteemed scholar Richard Falk draws on his vast experience as a public intellectual and special rapporteur for the United Nations to examine the ethics and politics of humanitarian intervention in the 21st Century. As well as analysing the theoretical and conceptual basis of the responsibility to protect, the book also contains a number of case studies looking at Iraq, Afghanistan, Kosovo and Libya. The final section explores when humanitarian intervention can succeed and the changing nature of international political legitimacy in countries such as India, Tibet, South Africa and Palestine.

This volume offers a set of concise and accessible introductions to the seminal figures in the historical development of the just war tradition. In what, if any, circumstances are political communities justified in going to war? And what limits should apply to the conduct of any such war? The just war tradition is a body of thought that helps us think through these very questions. Its core ideas have been subject to fierce debate for over 2,000 years. Yet they continue to play a prominent role in how political and military leaders address the challenges posed by the use of force in international society. Until now there has been no text that offers concise and accessible introductions to the key figures associated with the tradition. Stepping into this breach, Just War Thinkers provides a set of clear but detailed essays by leading experts on nineteen seminal thinkers, from Cicero to Jeff McMahan. This volume challenges the reader to think about how traditions are constituted—who is included and excluded, and how that is determined—and how they serve to enable, constrain, and indeed channel subsequent thought, debate, and exchange. This book will be of much interest to students of just war tradition and theory, ethics and war, philosophy, security studies and IR.

Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.

This new Handbook offers a comprehensive overview of contemporary extensions and alternatives to the just war tradition in the field of the ethics of war. The modern history of just war has typically assumed the primacy of four particular elements: jus ad bellum, jus in bello, the state actor, and the solider. This book will put these four elements under close scrutiny, and will explore how they fare given the following challenges: • What role do the traditional elements of jus ad bellum and jus in bello—and the constituent principles that follow from this distinction—play in modern warfare? Do they adequately account for a normative theory of war? • What is the role of the state in warfare? Is it or should it be the primary actor in just war theory? • Can a just war be understood simply as a response to territorial aggression between state actors, or should other actions be accommodated under legitimate recourse to armed conflict? • Is the idea of combatant qua state-employed soldier a valid ethical characterization of actors in modern warfare? • What role does the technological backdrop of modern warfare play in understanding and realizing just war theories? Over the course of three key sections, the contributors examine these challenges to the just war tradition in a way that invigorates existing discussions and generates new debate on topical and prospective issues in just war theory. This book will be of great interest to students of just war theory, war and ethics, peace and conflict studies, philosophy and security studies.