After War Ends

by May, Larry

• ISBN13: 9781107018518
• ISBN10: 110701851X
• eBook ISBN(s): 9781139366250
• Format: Hardcover
• Copyright: 2012-05-21
• Publisher: Cambridge Univ Pr
• More Book Details

Summary

There is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies.

Table of Contents

Introduction: normative principles of jus post bellum

Retribution

Grotius, sovereignty, and the indictment of Al Bashir

Transitional justice and the Just War tradition

War crimes trials during and after war

Reconciliation

Reconciliation of warring parties

Reconciliation and the rule of law

Conflicting responsibilities to protect human rights

Rebuilding

Responsibility to rebuild and collective responsibility

Responsibility to rebuild as a limitation on initiating war

Restitution and Reparation

Restitution and restoration in jus post bellum

A Grotian account of reparations

Proportionality and the End of War

Proportionality and the fog of war

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