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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. 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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  7. 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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  8. 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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  9. 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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  10. 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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  11. War Crimes & Just War (2007). Best in Scholarship. Philosophy and Public Affairs 942:660.
  12. 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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  13. Michael Dillon (2008). Security, Race and War. In Michael Dillon & Andrew W. Neal (eds.), Foucault on Politics, Security and War. Palgrave Macmillan.
  14. 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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  15. Aaron Fichtelberg (2005). Crimes Beyond Justice? Retributivism and War Crimes. Criminal Justice Ethics 24 (1):31-46.
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  16. 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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  17. R. M. Hare (1972). Rules of War and Moral Reasoning. Philosophy and Public Affairs 1 (2):166-181.
  18. 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.
  19. 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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  20. 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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  21. 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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  22. 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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  23. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.
    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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  24. 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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  25. D. Luban (2002). War Crimes and Collective Wrongdoing: A Reader. Philosophical Review 111 (4):620-624.
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  26. 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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  27. David Luban (2002). War Crimes and Collective Wrongdoing. Philosophical Review 111 (4):620-624.
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  28. Alice MacLachlan (2012). The Values of Political Reconciliation. [REVIEW] Transnational Legal Theory 3 (1):95-100.
  29. 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.
  30. 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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  31. Larry May (2006). Prosecuting Military Leaders for War Crimes. Metaphilosophy 37 (3-4):469–488.
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  32. 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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  33. Colleen Murphy & Linda Radzik (2013). Jus Post Bellum and Political Reconciliation. In Larry May & Elizabeth Edenberg (eds.), Jus Post Bellum and Transitional Justice. Cambridge.
  34. Thomas Nagel (1972). War and Massacre. Philosophy and Public Affairs 1 (2):123-144.
    From the apathetic reaction to atrocities committed in Vietnam by the United States and its allies, one may conclude that moral restrictions on the conduct of war command almost as little sympathy among the general public as they do among those charged with the formation of U.S. military policy. Even when restrictions on the conduct of warfare are defended, it is usually on legal grounds alone: their moral basis is often poorly understood. I wish to argue that certain restrictions are (...)
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  35. Stephen Nathanson (2010). Terrorism and the Ethics of War. Cambridge University Press.
    Stephen Nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics ...
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  36. Peter Olsthoorn (2013). Virtue Ethics in the Military. In Stan van Hooft (ed.), The Handbook of Virtue Ethics. Acumen. 365-374.
  37. Peter Olsthoorn (2011). Intentions and Consequences in Military Ethics. Journal of Military Ethics 10 (2):81-93.
    Utilitarianism is the strand of moral philosophy that holds that judgment of whether an act is morally right or wrong, hence whether it ought to be done or not, is primarily based upon the foreseen consequences of the act in question. It has a bad reputation in military ethics because it would supposedly make military expedience override all other concerns. Given that the utilitarian credo of the greatest happiness for the greatest number is in fact agent-neutral, meaning that the consequences (...)
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  38. Peter Olsthoorn (2010). Military Ethics and Virtues: An Interdisciplinary Approach for the 21st Century. Routledge.
  39. Peter Olsthoorn (2008). The Ethics Curriculum at the Netherlands Defence Academy, and Some Problems with its Theoretical Underpinnings. In Paul Robinson, Nigel de Lee & Don Carrick (eds.), Ethics Education in the Military. Ashgate. 119-130.
  40. Peter Olsthoorn (2006). Honor and the Military. International Journal of Applied Philosophy 20 (1):159-172.
    This article deals with the notion of honor and its role in today’s military as an incentive in combat, but also as a check on the behavior on both the battlefield and in modern “operations other than war.” First, an outline will be given of what honor is and how it relates to traditional views on military courage. After that, the Roman honor-ethic, stating that honor is a necessary incentive for courageous behavior and that it is something worth dying for, (...)
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  41. Peter Olsthoorn (2005). Honor as a Motive for Making Sacrifices. Journal of Military Ethics 4 (3):183-197.
    This article deals with the notion of honor and its relation to the willingness to make sacrifices. There is a widely shared feeling, especially in Western countries, that the willingness to make sacrifices for the greater good has been on a reverse trend for quite a while both on the individual and the societal levels, and that this is increasingly problematic to the military. First of all, an outline of what honor is will be given. After that, the Roman honor-ethic, (...)
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  42. Peter Olsthoorn & Myriame Bollen (2013). Civilian Care in War: Lessons From Afghanistan. In Michael Gross & Don Carrick (eds.), Military Medical Ethics forthe 21st Century. Ashgate. 59-70.
  43. Donald A. Peppers (1974). War Crimes and Induction: A Case for Selective Nonconscientious Objection. Philosophy and Public Affairs 3 (2):129-166.
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  44. Craig Reeves (2009). 'Exploding the Limits of Law': Judgment and Freedom in Arendt and Adorno. Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  45. Jesper Ryberg (2010). Punishing War Crimes, Genocide, and Crimes Against Humanity: Introduction. Res Publica 16 (2):99-100.
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  46. Sally Scholz (2006). Just War Theory, Crimes of War, and War Rape. International Journal of Applied Philosophy 20 (1):143-157.
    Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, (...)
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  47. Anne Schwenkenbecher (2014). Collateral Damage and the Principle of Due Care. Journal of Military Ethics 13 (1):94-105.
    This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...)
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  48. Uwe Steinhoff (2010). In Defence of Guerrillas. Diametros 23:84-103.
    This article examines the moral issues of guerrilla, and counter-guerrilla, warfare. Just war theorists who have studied the phenomenon tend to claim that the guerrilla tactic of wearing civilian clothes and hiding among the civilian population is rather difficult, if at all, to reconcile with the ius in bello principle of discrimination (the principle according to which combatants have to distinguish between combatants and non-combatants and may only target the former “directly”). I argue that this ever-repeated assessment is profoundly confused. (...)
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  49. Paul Weindling (2006). From Medical War Crimes to Compensation : The Plight of the Victims of Human Experiments. In Wolfgang Uwe Eckart (ed.), Man, Medicine, and the State: The Human Body As an Object of Government Sponsored Medical Research in the 20th Century. Steiner.
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  50. Katrina Witt (2010). Ukrainian Memory and Victimhood Narratives After the Second World War. Constellations 1 (2).
    Memory can be selective and Ukrainian people are no exception. This paper examines the victimhood narrative of Ukrainians following the Second World War. Although they suffered greatly, through the war, the victimhood narrative denies their actions during the war. One component of this narrative involves ignoring Ukrainian involvement with Nazis in order to preserve their memory of their Great Heroes of WWII. Other aspects will also be considered.
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