Synopses & Reviews
Argues that war crimes are best understood as crimes against humanness rather than violations of justice.
Synopsis
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. Throughout, May demonstrates that the principle of humanness in the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. The book 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.
About the Author
Larry May is professor of philosophy at Washington University in St. Louis. He is the author of several books, including The Socially Responsive Self, Masculinity and Morality, and Crimes Against Humanity, the first book in a trilogy of volumes on the normative foundations of international criminal law. War Crimes and Just War, the second volume in the trilogy, received the Frank Chapman Sharp Prize from the American Philosophical Association.
Table of Contents
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?