After War Ends
A Philosophical Perspective

This is the first book-length treatment of justice after war ends. Larry May combines here both philosophical and legal analysis.

Larry May (Author)

9781107603622, Cambridge University Press

Paperback / softback, published 19 April 2012

260 pages
22.6 x 14.7 x 1.3 cm, 0.35 kg

'… a superb analysis of the moral, legal, and social concerns that the conclusion of armed conflict typically brings to the surface. May does not wallow in obtuse answers, but instead trades in a rich line of thoughtful argumentation and ethical instruction. … this is essential reading for anyone interested in thinking about war's aftermath or the ethics of war more generally.' Cian O'Driscoll, Social Theory and Practice

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.

1. Introduction: normative principles of jus post bellum
Part I. Retribution: 2. Grotius, sovereignty, and the indictment of Al Bashir
3. Transitional justice and the Just War tradition
4. War crimes trials during and after war
Part II. Reconciliation: 5. Reconciliation of warring parties
6. Reconciliation and the rule of law
7. Conflicting responsibilities to protect human rights
Part III. Rebuilding: 8. Responsibility to rebuild and collective responsibility
9. Responsibility to rebuild as a limitation on initiating war
Part IV. Restitution and Reparation: 10. Restitution and restoration in jus post bellum
11. A Grotian account of reparations
Part V. Proportionality and the End of War: 12. Proportionality and the fog of war.

Subject Areas: Political science & theory [JPA], Politics & government [JP], Social & political philosophy [HPS], Philosophy [HP]