War Crimes and Just War

Argues that war crimes are best understood as crimes against humanness rather than violations of justice.

Larry May (Author)

9780521691536, Cambridge University Press

Paperback, published 12 February 2007

358 pages
22.9 x 15.2 x 2 cm, 0.53 kg

"Larry May has produced a very serious tome that is logically organized, cogently written, deeply researched, and profoundly expressed...The work is especially important in this new world in which interstate war, or at least the threat of it, unfortunately seems to be making a comeback...should be required reading in both the classroom and the halls of power. Summing up: Essential."
-M.D. Crosston, Clemson University, Choice

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Introduction: 1. Justifying war but restricting tactics
Part A. Philosophical Groundings: 2. Collective responsibility and honor during war
3. Jus gentium and minimal natural law
4. Humane treatment as the cornerstone of the rules of war
Part B. Problems in Identifying War Crimes: 5. Killing naked soldiers: combatants and noncombatants
6. Shooting poisoned arrows: banned and accepted weapons
7. Torturing prisoners of war: protected and normal soldiers
Part C. Normative Principles: 8. The principle of discrimination or distinction
9. The principle of necessity
10. The principle of proportionality
Part D. Prosecuting War Crimes: 11. Prosecuting soldiers for war crimes
12. Prosecuting military leaders for war crimes
13. Commanded and commanding defenses
Epilogue and Conclusions: 14. Should terrorists be treated humanely?

Subject Areas: Military & defence law [LNDK], International humanitarian law [LBBS], International law [LB], Jurisprudence & philosophy of law [LAB], War crimes [JWXK], Social & political philosophy [HPS]