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Morality, Jus Post Bellum, and International Law

Morality, Jus Post Bellum, and International Law

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781107024021
  • Published In: June 2012
  • Format: Hardback , 292 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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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? 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? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.

• First book to bring political philosophers together with lawyers working in transitional justice to discuss jus post bellum

• Offers extensive use of case studies including essay-long treatment of East Timor

• Provides clear accounts of problems not normally discussed in the literature, including how to deal with child soldiers, troops returning from combat and truth commissions

List of Contributors
ix
Introduction
Larry May and Andrew T. Forcehimes
1
1     Post-conflict Truth Telling: Exploring Extended Territory
Margaret Urban Walker
11
2     Reparations, Restitution, and Transitional Justice
Larry May
32
3     Addressing Atrocity at the Local Level: Community-Based Approaches to Transitional Justice in Central Africa
Phil Clark
49
4     Timor-Leste and Transitional Justice: Should We Pursue International Prosecutions for the Crimes Committed in East Timor in 1999?
Jovana Davidovic
78
5     Justice after War: Economic Actors, Economic Crimes, and the Moral Imperative for Accountability after War
Joanna Kyriakakis
113
6     Child Soldiers, Transitional Justice, and the Architecture of Post Bellum Settlements
Mark A. Drumbl
139
7     Our Soldiers, Right or Wrong: The Post-war Treatment of Troops
C. A. J. Coady
173
8     Democratization and Just Cause
Robert B. Talisse
191
9     Skepticism about Jus Post Bellum
Seth Lazar
204
10    Law and the Jus Post Bellum: Counseling Caution
Robert Cryer
223
Conclusion
Andrew T. Forcehimes and Larry May
250
Bibliographical Resources for Jus Post Bellum
257
Index
265

Larry May, Vanderbilt University
Andrew Forcehimes, Vanderbilt University

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