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  1. Rubin P. Alfred (1998). Međunarodni Kazneni Tribunal Za Bivšu Jugoslaviju? Theoria 41 (1):81-89.
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  2. Andrew Altman (2012). Genocide and Crimes Against Humanity: Dispelling the Conceptual Fog. Social Philosophy and Policy 29 (1):280-308.
    Genocide and crimes against humanity are among the core crimes of international law, but they also carry great moral resonance due to their indissoluble link to the atrocities of the Nazi regime and to other egregious episodes of mass violence. However, the concepts of genocide and crimes against humanity are not well understood, even by the international lawyers and jurists who are most concerned with them. A conceptual fog hovers around the discussion of these two categories of crime. In this (...)
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  3. Alexander Barder (2008). Larry May, War Crimes and Just War. [REVIEW] Philosophy in Review 28:210-211.
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  4. Endre Begby (2012). Collective Responsibility for Unjust Wars. POLITICS 32 (2):100-108.
    This article argues against Anna Stilz's recent attempt to solve the problem of citizens' collective responsibility in democratic states. I show that her solution could only apply to state actions that are (in legal terminology) unjustified but excusable. Stilz's marquee case – the 2003 invasion of Iraq – does not, I will argue, fit this bill; nor, in all likelihood, does any other case in recorded history. Thus, this article concludes, we may allow that Stilz's argument offers a theoretically cogent (...)
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  5. Claudia Card (2010). Confronting Evils: Terrorism, Torture, Genocide. Cambridge University Press.
    Machine generated contents note: Part I. The Concept of Evil: 1. Inexcusable wrongs; 2. Between good and evil; 3. Complicity in structural evils; 4. To whom (or to what?) can evils be done?; Part II. Terrorism, Torture, Genocide: 5. Counterterrorism; 6. Low-profile terrorism; 7. Conscientious torture?; 8. Ordinary torture; 9. Genocide is social death; 10. Genocide by forced impregnation; Bibliography; Filmography; Websites; Index.
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  6. Claudia Card (2002). The Atrocity Paradigm: A Theory of Evil. Oxford University Press.
    What distinguishes evils from ordinary wrongs? Is hatred a necessarily evil? Are some evils unforgivable? Are there evils we should tolerate? What can make evils hard to recognize? Are evils inevitable? How can we best respond to and live with evils? Claudia Card offers a secular theory of evil that responds to these questions and more. Evils, according to her theory, have two fundamental components. One component is reasonably foreseeable intolerable harm -- harm that makes a life indecent and impossible (...)
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  7. Yvonne Chiu (2011). Liberal Lustration. Journal of Political Philosophy 19 (4):440-464.
    After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...)
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  8. Yvonne Chiu (2010). Uniform Exceptions and Rights Violations. Social Theory and Practice 36 (1):44-77.
    Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...)
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  9. Noam Chomsky, War Crimes and Imperial Fantasies.
    I want to ask you about a painting that hangs in your office. It’s rather gruesome. You’ve commented to me that mostly U.S. citizens don’t seem to know who it is, but most foreigners that come to visit you and see it recognize it immediately.
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  10. Noam Chomsky, Green Light for War Crimes.
    "The evidence for a direct link between the militia and the military is beyond any dispute and has been overwhelmingly documented by UNAMET over the last four months. But the scale and thoroughness of the destruction of East Timor in the past week has demonstrated a new level of open participation of the military in the implementation of what was previously a more veiled operation.".
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  11. Ian Clark (1988). Waging War: A Philosophical Introduction. Oxford University Press.
    What is war, and how should it be waged? Are there restraints on its conduct? What can philosophers contribute to the study of warfare? Arguing that the practice of war requires a sound philosophical understanding, Ian Clark writes a fascinating synthesis of the philosophy, history, political theory, and contemporary strategy of warfare. Examining the traditional doctrines of the "just" and the "limited" war with fresh insight, Clark also addresses the applicability of these ideas to the modern issues of war crimes, (...)
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  12. Michael Clark & Peter Cave (2010). Nowhere to Run? Punishing War Crimes. Res Publica 16 (2):197-207.
    This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.
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  13. Christopher Collstedt, The Descents of Military Violence Against Civilians: A History of the Present.
    Inspired by the works of Michel Foucault and Erling Sandmo, this article explores contemporary discourses of military violence against civilians from a genealogical perspective. The purpose is to shed light on the historicity of certain structures of knowledge, thoughts, politics and ethics that are fundamental for the ways in which military violence against civilians is put into words, interpreted and explained in various situations and contexts today. My main argument is that the descents of Swedish contemporary discourse on military violence (...)
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  14. J. Angelo Corlett (2010). Us Responsibility for War Crimes in Iraq. Res Publica 16 (2):227-244.
    This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.
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  15. War Crimes & Just War (2007). Best in Scholarship. Philosophy and Public Affairs 942:660.
  16. Jovana Davidovic (2013). International Criminal Court, the Trust Fund for Victims and Victim Participation. In Larry May Elizabeth Edenberg (ed.), Jus Post Bellum and Transitional Justice. Cambridge University Press 217-243.
    Once commonly held, the claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has generally been grounded in the assertion that inter-national criminal prosecutions undermine reconciliation.I believe that the international criminal prosecutions in general and the International Criminal Court (ICC) in particular can play a meaningful role in sustaining peace and making transitional periods smoother and faster. However, the role the ICC can play in the transitional processes (...)
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  17. Jovana Davidovic (2012). Transitional Justice and Jus Post Bellum Issues in Timor-Leste. In Larry May Andrew Forcehimes (ed.), Morality, Just Post Bellum and International Law. Cambridge University Press
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  18. Dan Demetriou (2013). Honor War Theory: Romance or Reality? Philosophical Papers 42 (3):285 - 313.
    Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...)
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  19. Michael Dillon (2008). Security, Race and War. In Michael Dillon & Andrew W. Neal (eds.), Foucault on Politics, Security and War. Palgrave Macmillan
  20. Anthony Ellis (2010). War Crimes, Punishment and the Burden of Proof. Res Publica 16 (2):181-196.
    This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.
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  21. Tyler Fagan, William Hirstein & Katrina Sifferd (2016). Child Soldiers, Executive Functions, and Culpability. International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
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  22. Aaron Fichtelberg (2005). Crimes Beyond Justice? Retributivism and War Crimes. Criminal Justice Ethics 24 (1):31-46.
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  23. Robert Fine (2007). Cosmopolitanism. New York.
    Preface : twenty theses on cosmopolitan social theory -- Taking the "ism" out of cosmopolitanism : the equivocations of the new cosmopolitanism -- Confronting reputations : Kant's cosmopolitanism and Hegel's critique -- Cosmopolitanism and political community : the equivocations of constitutional patriotism -- Cosmopolitanism and international law : from the law of peoples to the constitutionalisation of international law -- Cosmopolitanism and humanitarian military intervention : war, peace and human rights -- Cosmopolitanism and punishment : prosecuting crimes against humanity -- (...)
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  24. Paul Gilbert (2010). Civilian Immunity in the 'New Wars'. In Igor Primoratz (ed.), Civilian Immunity in War. OUP Oxford
  25. R. M. Hare (1972). Rules of War and Moral Reasoning. Philosophy and Public Affairs 1 (2):166-181.
  26. Ranjoo Seodu Herr (2013). ‘Comfort Women’ and Japan’s National Responsibility. In Jun-Hyeok Kwak & Melissa Nobles (eds.), Historical Reconciliation and Inherited Responsibility. Routledge 1--145.
  27. Jeremy Horder (1996). Crimes of Ulterior Intent. In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press 153--68.
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  28. Cheryl Hughes (2007). Defining and Prosecuting International Crimes: Commentary for Larry May, Crimes Against Humanity: A Normative Account. Social Philosophy Today 23:231-235.
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  29. Aleksandar Jokic (2012). What's A Just War Theorist? Journal of Theoretical and Philosophical Criminology 4 (2):91-114.
    The article provides an account of the unlikely revival of the medieval Just War Theory, due in large part to the efforts of Michael Walzer. Its purpose is to address the question: What is a just war theorist? By exploring contrasts between scholarly activity and forms of international activism, the paper argues that just war theorists appear to be just war criminals, both on the count of aiding and abetting aggression and on the count of inciting troops to commit war (...)
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  30. Leonard Kahn (2010). Just War Theory, Political Liberalism, and Non-Combatant Immunity. Theoretical and Applied Ethics.
    The is a brief response to Matthew Bruenig's "Rethinking Noncombatant Immunity." I argue, contra Bruenig, that political liberalism does not raise any special problems for the view that non-combatants should not be directly targeted by another country's military.
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  31. Shawn Kaplan (2009). Three Prejudices Against Terrorism. Critical Studies on Terrorism 2 (2):181-199.
    This paper criticizes three assumptions regarding terrorism and the agents who carry it out: 1) terrorists are always indiscriminate in their targeting, 2) terrorism is never effective in combating oppression, and 3) terrorists never participate in fair negotiations as they merely wish to switch places with their oppressors. By criticizing these three prejudices against terrorism, the paper does not attempt to justify or excuse terrorism generally nor in the specific case of Sri Lanka which is examined. Instead, it creates the (...)
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  32. Philipp von dem Knesebeck (2014). Soldaten, Guerilleros, Terroristen. Springer VS.
    Seit dem Ende des Ost-West-Konflikts sind „neue“ oder „asymmetrische“ Kriege, die in zerfallenen Staaten, gegen Milizen, Warlords oder Terroristen geführt werden, zur Regel geworden. Die auf das Staatensystem des Westfälischen Friedens zugeschnittene Lehre des gerechten Krieges, nach der in der Philosophie und im Völkerrecht kriegerische Handlungen traditionell bewertet werden, wird so auf die Probe gestellt. Philipp von dem Knesebeck identifiziert diejenigen Aspekte asymmetrischer Konflikte, die Herausforderungen für die Lehre des gerechten Krieges darstellen und zeigt anhand von Beispielen Ansätze für ihre (...)
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  33. Seth Lazar (2012). Scepticism About Jus Post Bellum. In Larry May & Andrew Forcehimes (eds.), Morality, Jus Post Bellum, and International Law. Cambridge University Press
    The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...)
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  34. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  35. Michele Le Doeuff (2005). Crimes Unpunished: Crimes as Punishment. In Nicholas Bamforth (ed.), Sex Rights: The Oxford Amnesty Lectures 2002. OUP Oxford
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  36. Chiara Lepora & Robert E. Goodin (2011). Grading Complicity in Rwandan Refugee Camps. Journal of Applied Philosophy 28 (3):259-276.
    Complicity with wrongdoing comes in many forms and many degrees. We distinguish subcategories cooperation, collaboration and collusion from connivance and condoning, identifying their defining features and assessing their characteristic moral valences. We illustrate the use of these distinctions by reference to events in refugee camps in and around Rwanda after the 1994 genocide, and the extent to which international organizations and nongovernment organizations were wrongfully complicit with the misuse of refugees as human shields by the perpetrators of the genocide who (...)
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  37. D. Luban (2002). War Crimes and Collective Wrongdoing: A Reader. Philosophical Review 111 (4):620-624.
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  38. David Luban (2008). War Crimes : The Law of Hell. In Larry May & Emily Crookston (eds.), War: Essays in Political Philosophy. Cambridge University Press
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  39. David Luban (2002). War Crimes and Collective Wrongdoing. Philosophical Review 111 (4):620-624.
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  40. Alice MacLachlan (2012). The Values of Political Reconciliation. [REVIEW] Transnational Legal Theory 3 (1):95-100.
  41. Lawrence Masek (2002). All's Not Fair in War: How Kant's Just War Theory Refutes War Realism. Public Affairs Quarterly 16 (2):143-154.
  42. Larry May (2007). War Crimes and Just War. Cambridge University Press.
    Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice.
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  43. Larry May (2006). Prosecuting Military Leaders for War Crimes. Metaphilosophy 37 (3-4):469–488.
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  44. Rafe McGregor (2016). The Silence of the Night: Collaboration, Deceit, and Remorselessness. Orbis Litterarum 71 (2):163-184.
    Towards the end of the twentieth century, the issue of collaboration with the Third Reich became particularly problematic for deconstructive criticism. The distinction between collaboration and cooperation is often far from clear, however, and in borderline cases the opacity of the motives behind the alleged collaboration may be such that retrospective historical judgements run the risk of appearing arbitrary. In contrast, the decision to remain silent about alleged collaboration can – and should – invite negative moral judgement. On the one (...)
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  45. Rafe McGregor (2014). Discourse and Defiance Under Nazi Occupation: Guernsey, Channel Islands, 1940–1945 by Cheryl R. Jorgensen‐Earp, 2013 East Lansing, MI, Michigan State University Pressx + 300 Pp., £47.50 (Hb). [REVIEW] Journal of Applied Philosophy 31 (3):322-324.
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  46. Thaddeus Metz (2016). Eine Theorie Nationaler Versöhnung: Einsichten Aus Afrika. Polylog: Forum for Intercultural Philosophy 34 (Supp):219-244.
    German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).
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  47. Richard W. Miller (2001). Nationalist Morality and Crimes Against Humanity. In Aleksander Jokić (ed.), War Crimes and Collective Wrongdoing: A Reader. Blackwell
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  48. Nicholas Morris (2003). Humanitarian Intervention in the Balkans. In Jennifer M. Welsh (ed.), Humanitarian Intervention and International Relations. OUP Oxford
  49. Vincent C. Müller (forthcoming). Autonomous Killer Robots Are Probably Good News. In Ezio Di Nucci & Filippo Santonio de Sio (eds.), Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. Ashgate
    Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...)
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  50. Vincent C. Müller & Thomas W. Simpson (2014). Killer Robots: Regulate, Don’T Ban. In University of Oxford, Blavatnik School of Government Policy Memo. Blavatnik School of Government 1-4.
    Lethal Autonomous Weapon Systems are here. Technological development will see them become widespread in the near future. This is in a matter of years rather than decades. When the UN Convention on Certain Conventional Weapons meets on 10-14th November 2014, well-considered guidance for a decision on the general policy direction for LAWS is clearly needed. While there is widespread opposition to LAWS—or ‘killer robots’, as they are popularly called—and a growing campaign advocates banning them outright, we argue the opposite. LAWS (...)
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