- Table View
- List View
War and Delusion
by Laurie CalhounCalhoun examines the centuries-old paradigm of just war theory to determine whether modern 'just war' rationalizations constitute sound justifications or pro-military propaganda. Her work reveals how the practice of modern war contradicts the most basic values and principles of modern Western democracies.
War and Genocide in South Sudan
by Clémence PinaudUsing more than a decade's worth of fieldwork in South Sudan, Clémence Pinaud here explores the relationship between predatory wealth accumulation, state formation, and a form of racism—extreme ethnic group entitlement—that has the potential to result in genocide. War and Genocide in South Sudan traces the rise of a predatory state during civil war in southern Sudan and its transformation into a violent Dinka ethnocracy after the region's formal independence. That new state, Pinaud argues, waged genocide against non-Dinka civilians in 2013-2017. During a civil war that wrecked the region between 1983 and 2005, the predominantly Dinka Sudan People's Liberation Army (SPLA) practiced ethnically exclusive and predatory wealth accumulation. Its actions fostered extreme group entitlement and profoundly shaped the rebel state. Ethnic group entitlement eventually grew into an ideology of ethnic supremacy. After that war ended, the semi-autonomous state turned into a violent and predatory ethnocracy—a process accelerated by independence in 2011. The rise of exclusionary nationalism, a new security landscape, and inter-ethnic political competition contributed to the start of a new round of civil war in 2013, in which the recently founded state unleashed violence against nearly all non-Dinka ethnic groups. Pinaud investigates three campaigns waged by the South Sudan government in 2013–2017 and concludes they were genocidal—they sought to destroy non-Dinka target groups. She demonstrates how the perpetrators' sense of group entitlement culminated in land-grabs that amounted to a genocidal conquest echoing the imperialist origins of modern genocides.Thanks to generous funding from TOME, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellopen.org) and other repositories.
War and Moral Dissonance
by Peter A. FrenchThis collection of essays, inspired by the author's experience teaching ethics to Marine and Navy chaplains during the Iraq War, examines the moral and psychological dilemmas posed by war. The first section deals directly with Dr Peter A. French's teaching experience and the specific challenges posed by teaching applied and theoretical ethics to men and women wrestling with the immediate and personal moral conflicts occasioned by the dissonance of their duties as military officers with their religious convictions. The following chapters grew out of philosophical discussions with these chaplains regarding specific ethical issues surrounding the Iraq War, including the nature of moral evil, forgiveness, mercy, retributive punishment, honour, torture, responsibility and just war theory. This book represents a unique viewpoint on the philosophical problems of war, illuminating the devastating toll combat experiences take on both an individual's sense of identity and a society's professed moral code.
War and Moral Injury: A Reader
by Robert Emmet Meagher Douglas A. PryerMoral Injury has been called the "signature wound" of today's wars. It is also as old as the human record of war, as evidenced in the ancient war epics of Greece, India, and the Middle East. But what exactly is Moral Injury? What are its causes and consequences? What can we do to prevent or limit its occurrence among those we send to war? And, above all, what can we do to help heal afflicted warriors? This landmark volume provides an invaluable resource for those looking for answers to these questions. Gathered here are some of the most far-ranging, authoritative, and accessible writings to date on the topic of Moral Injury. Contributors come from the fields of psychology, theology, philosophy, psychiatry, law, journalism, neuropsychiatry, classics, poetry, and, of course, the profession of arms. Their voices find common cause in informing the growing, international conversation on war and war's deepest and most enduring invisible wound. Few may want to have this myth-challenging, truth-telling conversation, but it is one we must have if we truly wish to help those we send to fight our wars.
War and Moral Responsibility: A Philosophy and Public Affairs Reader (Philosophy And Public Affairs Readers Ser.)
by Marshall Cohen Thomas Nagel Thomas ScanlonThis remarkably rich collection of articles focuses on moral questions about war. The essays, originally published in Philosophy & Public Affairs, cover a wide range of topics from several points of view by writers from the fields of political science, philosophy, and law. The discussion of war and moral responsibility falls into three general categories: problems of political and military choice, problems about the relation of an individual to the actions of his government, and more abstract ethical questions as well. The first category includes questions about the ethical and legal aspects of war crimes and the laws of war; about the source of moral restrictions on military methods or goals; and about differences in suitability of conduct which may depend on differences in the nature of the opponent. The second category includes questions about the conditions for responsibility of individual soldiers and civilian officials for war crimes, and about the proper attitude of a government toward potential conscripts who reject its military policies. The third category includes disputes between absolutist, deontological, and utilitarian ethical theories, and deals with questions about the existence of insoluble moral dilemmas.
War and Punishment: The Story of Russian Oppression and Ukrainian Resistance
by Mikhail Zygar'History is made up of myths,' writes the renowned Russian dissident journalist Mikhail Zygar. 'Alas, our myths led us to the fascism of 2022. It is time to expose them.' Drawing from his perilous career investigating the frontiers of the Russian empire, Zygar reveals how 350 years of propaganda, bad historical scholarship, folk tales and fantasy spurred his nation into war with Ukraine.How did a German monk's fear of the Ottoman Empire drive him to invent the fiction of a united Russian world? How did corny spy novels about a 'Soviet James Bond' inspire Vladimir Putin to join the KGB? How did Alexander Pushkin's admiration for a poem by Lord Byron end with him slandering the legendary chief of the Cossacks? And how did Putin underestimate a rising TV comic named Volodymyr Zelensky, failing to see that his satire had become deadly serious, and that his country would be a joke no longer?A noted expert on the Kremlin with unparalleled access to hundreds of players in the current conflict - from politicians to oligarchs, gangsters to comedians (not least Zelensky himself) - Zygar chronicles the power struggles from which today's politics grew, and digs out the essential truths from behind layers of seductive legend. By surveying the strange, complex record of Russo-Ukrainian relations, War and Punishment reveals exactly how the largest nation on Earth lost its senses. A work of history can't undo the past or transform the present, but sometimes it can shape the future.In fact, that's how the story begins.
War and Reconciliation: Reason and Emotion in Conflict Resolution
by William J. Long Peter BreckeThis book is the first systematic examination of the impact of reconciliation on restoring and maintaining peace following civil and international conflicts. Through eleven comparative case studies of civil war and eight of international conflict, it constructs a surprising explanation for when and why reconciliation restores social order. The civil war cases reveal that successful reconciliation is associated with a process of national forgiveness, not merely negotiated settlement. All successful cases followed a four-step pattern of public truth telling, justice short of revenge, redefinition of the identities of former belligerents, and a call for a new relationship. The book argues that success is not solely the result of rational choice decision making. It proposes a hypothesis, grounded in evolutionary psychology, that to restore social order we use emotional/cognitive techniques that have evolved to ensure human survival. On the international level, however, successful reconciliation was not a part of a forgiveness process. Reconciliation was successful in bringing about sustained peace when it was associated with a signaling process -- an exchange of costly, novel, voluntary, and irrevocable concessions in a negotiated bargain. This result is consistent with realist notions of the limits of international society and illustrates the context in which a rational choice model is appropriate. The book's approach, integrating emotion with reasoning and linking political science to scientific research in other disciplines, particularly biology and neuroscience, has broad implications for social science theory.
War and Warriors Volume 1: Legion Rising, Travesty of Justice, Saving Sandoval (War and Warriors #1)
by Don Brown Jeff Morris Craig W. DrummondThree real-life accounts of the struggles of American soldiers from the Iraq and Afghanistan battlefields to, in two cases, US military tribunals. Legion Rising: Surviving Combat and the Scars It Left Behind by Jeff Morris Follow Jeff through up-close, fast-paced accounts of the thrills and dangers of combat as a Platoon Leader in Iraq. Feel the weight of the gruesome and tragic loss of eight men whose lives were taken in the line of duty. Journey through his battle to face the scars and shadows that followed him long after his time serving in the military was over. Travesty of Justice: The Shocking Prosecution of Lt. Clint Lorance by Don BrownThe Book That Won a Presidential Pardon! On July 2, 2012, three Afghan males crowded on a motorcycle and sped down a Taliban-controlled dirt road toward Lt. Clint Lorance&’s men. In a split-second decision, Lorance ordered his men to fire. When no weapons were found on the Afghan bodies, the Army prosecuted Lorance for murder. &“The most powerful case to date for the exoneration of imprisoned Army Lt. Clint Lorance.&” —Sun-Sentinel Saving Sandoval by Craig W. Drummond While deployed in Iraq, Sandoval, an airborne infantryman and elite sniper, was instructed to &“take the shot&” and kill an enemy insurgent wearing civilian clothes. Two weeks later, Army Criminal Investigation Command descended upon Sandoval&’s unit, trying to link Sandoval and others to war crimes, including murder. &“A revealing, real-life courtroom drama, reminiscent of A Few Good Men.&” —Hunter R. Clark, International Law and Human Rights Program and Drake University Law School
War, Citizenship, Territory
by Deborah Cowen Emily GilbertFor all too obvious reasons, war, empire, and military conflict have become extremely hot topics in the academy. Given the changing nature of war, one of the more promising areas of scholarly investigation has been the development of new theories of war and war’s impact on society. War, Citizenship, Territory features 19 chapters that look at the impact of war and militarism on citizenship, whether traditional territorially-bound national citizenship or "transnational" citizenship. Cowen and Gilbert argue that while there has been an explosion of work on citizenship and territory, Western academia’s avoidance of the immediate effects of war (among other things) has led them to ignore war, which they contend is both pervasive and well nigh permanent. This volume sets forth a new, geopolitically based theory of war’s transformative role on contemporary forms of citizenship and territoriality, and includes empirical chapters that offer global coverage.
War, Citizenship, Territory
by Deborah Cowen Emily GilbertFor all too obvious reasons, war, empire, and military conflict have become extremely hot topics in the academy. Given the changing nature of war, one of the more promising areas of scholarly investigation has been the development of new theories of war and war’s impact on society. War, Citizenship, Territory features 19 chapters that look at the impact of war and militarism on citizenship, whether traditional territorially-bound national citizenship or "transnational" citizenship. The editors argue that while there has been an explosion of work on citizenship and territory, Western academia’s avoidance of the immediate effects of war (among other things) has led them to ignore war, which they contend is both pervasive and well nigh permanent. This volume sets forth a new, geopolitically based theory of war’s transformative role on contemporary forms of citizenship and territoriality, and includes empirical chapters that offer global coverage.
War, Conflict and Human Rights: Theory and Practice
by Chandra Lekha Sriram Olga Martin-Ortega Johanna HermanWar, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.
The War Crime of Child Soldier Recruitment
by Julie McbrideThe practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.
War Crimes: Law, Politics, & Armed Conflict in the Modern World (Seminar Studies)
by Steven P. RemyThis book is a concise and accessible introduction to the problem of war crimes in modern history, emphasizing the development of laws aimed at regulating the conduct of armed conflict developed from the 19th century to the present. Bringing together multiple strands of recent research in history, political science, and law, the book starts with an overview of the attempts across the pre-modern world to regulate the initiation, conduct, and outcomes of war. It then presents a survey of the legal revolution of the 19th century when, amidst a global welter of colonial wars, the first body of formal codes and laws relating to distinguishing legal from criminal conduct in war was developed. Further chapters investigate failed but influential attempts to develop the laws of war in the post-World War I period and summarize the major landmarks in international law related to war crimes, such as the Hague conventions and the Nuremberg and Tokyo trials, as well as hundreds of lesser-known post-World War II trials in Europe and Asia. It also looks at the origins and debated significance of the Genocide Convention of 1948 and the 1949 Geneva Conventions, accounts for the acceleration worldwide of war crimes investigations and trials from the 1970s into the 2000s, and summarizes current thinking about international law and the rapidly changing nature of warfare worldwide as well as the memorialization of war crimes. Including images, documents, a bibliography highlighting the most recent scholarship, a chronology, who’s who, and a glossary, this is the perfect introduction for those wishing to understand the complex field or war crimes history and its politics.
War Crimes and the Culture of Peace
by Madam Justice Louise ArbourIn 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in War Crimes and the Culture of Peace that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these trials. Justice Arbour delivered War Crimes and the Culture of Peace as the fifth annual Senator Keith Davey Lecture at Victoria University at the University of Toronto in January 2001.
War Crimes, Genocide, And Justice
by David M. CroweIn this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution.
War Crimes Trials and Investigations: A Multi-disciplinary Introduction (St Antony's)
by Jonathan Waterlow Jacques SchuhmacherThis book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.
War Crimes Trials in the Wake of Decolonization and Cold War in Asia, 1945-1956: Justice In Time Of Turmoil (World Histories of Crime, Culture and Violence)
by Kerstin Von LingenThis book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?
War Crimes Tribunals and Transitional Justice: The Tokyo Trial and the Nuremburg Legacy
by Madoka FutamuraAdvocates of theNuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures forwar crimes. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well
War Economies and International Law: Regulating the Economic Activities of Violent Conflict (Globalization and Human Rights)
by Mark B. TaylorEconomic activity continues during war. But what rules apply when US troops occupy Syrian oil fields? Who is responsible when multinational companies use minerals extracted by child labourers in war zones? This book examines how international law regulates the war economies that are at the heart of strategic competition between great powers and help sustain the irregular warfare in today's war zones. Drawing on advances in our understanding of the social and economic dynamics in war zones, this book identifies predation, a combination of violence and economic opportunity, as the core pathology of war economies. The author presents a framework for understanding the regulation of war economies based on the history of international law and existing norms of international humanitarian law, international criminal law, international human rights law and the law of international peace and security. War Economies and International Law concludes that the pathologies of predation in war demand answers based on an international regulatory strategy.
War, Hate, Propaganda and the Internet: A Dangerous Combination (SpringerBriefs in Law)
by Svitlana MazepaThe book considers how speech on social media during an armed conflict could potentially be considered a criminal offence. In doing so, it reviews the European Court of Human Rights case law on the limits of freedom of speech in an armed conflict. The author then makes recommendations on how this should be reconciled with freedom of speech in a post-conflict society. The book first outlines the propaganda cyberwar strategies being employed by the Russian Federation in the war against Ukraine. It then considers such incidents against the criminal law of Ukraine and Germany to determine when speech on social media can be considered an offence.
The War in Court: Inside the Long Fight against Torture
by Lisa HajjarHow hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. In The War in Court, sociologist Lisa Hajjar traces the fight against US torture policy by lawyers who brought the "war on terror" into courts. Their victories, though few and far between, forced the government to change the way prisoners were treated and focused attention on state crimes perpetrated in the shadows. If not for these lawyers and their allies, US torture would have gone unchallenged because elected officials and the American public, with a few exceptions, did nothing to oppose it. This war in court has been fought to defend the principle that there is no legal right to torture. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.
The War in Ukraine and International Law
by Dai Tamada Masahiko AsadaThe war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.
The War Inside
by Michal ShapiraThe War Inside is a groundbreaking history of the contribution of British psychoanalysis to the making of social democracy, childhood, and the family during World War II and the postwar reconstruction. Psychoanalysts informed understandings not only of individuals, but also of broader political questions. By asserting a link between a real 'war outside' and an emotional 'war inside', psychoanalysts contributed to an increased state responsibility for citizens' mental health. They made understanding children and the mother-child relationship key to the successful creation of a democratic citizenry. Using rich archival sources, the book revises the common view of psychoanalysis as an elite discipline by taking it out of the clinic and into the war nursery, the juvenile court, the state welfare committee, and the children's hospital. It traces the work of the second generation of psychoanalysts after Freud in response to total war and explores its broad postwar effects on British society.
War Law: Understanding International Law and Armed Conflict
by Michael ByersInternational law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law.Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by U.S. forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law.War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike.
A War Like No Other: The Constitution in a Time of Terror
by Owen Fiss Trevor SuttonOwen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up.The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.