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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.
Argues the just war tradition, rather than being a restraint on war, has expanded its scope, and criticises this trend.
Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.
This book explores how states, scholars and other actors have justified war from early modernity to the present. Looking at narratives of the justification of war in theory and practice, this book offers a comprehensive investigation of the emergence of the modern international order and its normative foundation.
This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.
Argues the just war tradition, rather than being a restraint on war, has expanded its scope, and criticises this trend.
At the opening of the twenty-first century, while obviously the world is still struggling with violence and conflict, many commentators argue that there are many reasons for supposing that restrictions on the use of force are growing. The establishment of the International Criminal Court, the growing sophistication of international humanitarian law and the 'rebirth' of the just war tradition over the last fifty years are all taken as signs of this trend. This book argues that, on the contrary, the just war tradition, allied to a historically powerful and increasingly dominant conception of politics in general, is complicit with an expansion of the grounds of supposedly legitimate force, rather than a restriction of it. In offering a critique of this trajectory, 'Just War and International Order' also seeks to illuminate a worrying trend for international order more generally and consider what, if any, alternative there might be to it.
The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst at the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Book jacket.