Morality, Jus Post Bellum, and International LawLarry May, Andrew Forcehimes This collection of essays brings together some of the leading legal, political, and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity, or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before, now thoroughly peaceful, and protective of human rights? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? How should we view the hard cases of economic actors as well as child soldiers? In this anthology, each of these important questions is analyzed in detail with tentative answers offered. Beyond these specific jus post bellum concerns, theorists also question whether jus post bellum itself should be a distinct field of inquiry. The volume thus concludes with a debate between the skeptics and proponents of jus post bellum. |
Contents
Introduction | 1 |
1 Postconflict Truth Telling Exploring Extended Territory | 11 |
2 Reparations Restitution and Transitional Justice | 32 |
3 Addressing Atrocity at the Local Level CommunityBased Approaches to Transitional Justice in Central Africa | 49 |
4 TimorLeste and Transitional Justice Should We Pursue International Prosecutions for the Crimes Committed in East Timor in | 78 |
5 Justice after War Economic Actors Economic Crimes and the Moral Imperative for Accountability after War | 113 |
6 Child Soldiers Transitional Justice and the Architecture of Post Bellum Settlements | 139 |
7 Our Soldiers Right or Wrong The Postwar Treatment of Troops | 173 |
8 Democratization and Just Cause | 191 |
9 Skepticism about Jus Post Bellum | 204 |
10 Law and the Jus Post Bellum Counseling Caution | 223 |
Conclusion | 250 |
| 257 | |
| 265 | |
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Morality, Jus Post Bellum, and International Law Larry May,Andrew Forcehimes No preview available - 2014 |
Common terms and phrases
accountability aims argues argument armed conflict belligerents Brian Orend Cambridge University Press cause citizens civil claim committed community-based compensation concept concerns crimes trials Cryer democracy democratization East Timor economic crimes example fail former child soldiers gacaca Gacaca Courts genocide harms hoc tribunal humanitarian law Ibid individuals Indonesian military institutions International Criminal Court international criminal law International Law Journal of International jus ad bellum jus in bello jus post bellum justified killing Lazar Liberia mass atrocity McMahan meionexia moral norms northern Uganda orend Oxford participation perpetrators political post-conflict practices principles prosecutions punishment question reasons Reconciliation Commission reintegration responsibility restitution and reparations rituals role rule of law rwanda Sierra Leone societies Special Panels Stahn supra at note theorists theory Timor-Leste Timorese tion traditional transitional justice Truth and Reconciliation truth commissions truth recovery truth telling uganda unjust victims violence war crimes wars wrong wrongdoer