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Kai Draper begins his book with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national no less than personal interests. That assumption might seem to demand a pacifist rejection of war, for any sustained war effort requires military operations that predictably kill many noncombatants as "collateral damage," and presumably at least most noncombatants have a right not to be killed. Yet Draper ends with the conclusion that sometimes recourse to war is justified. In making his argument, he relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory. Notably missing from that framework is any doctrine of double effect. Most just war theorists rely on that doctrine to justify injuring and killing innocent bystanders, but Draper argues that various prominent formulations of the doctrine are either untenable or irrelevant to the ethics of war. Ultimately he offers a single principle for assessing whether recourse to war would be justified. He also explores in some detail the issue of how to distinguish discriminate from indiscriminate violence in war, arguing that some but not all noncombatants are liable to attack.
From the bestselling, award-winning author of The Buddha in the Attic and The Swimmers, this commanding debut novel paints a portrait of the Japanese American incarceration camps that is both a haunting evocation of a family in wartime and a resonant lesson for our times. On a sunny day in Berkeley, California, in 1942, a woman sees a sign in a post office window, returns to her home, and matter-of-factly begins to pack her family's possessions. Like thousands of other Japanese Americans they have been reclassified, virtually overnight, as enemy aliens and are about to be uprooted from their home and sent to a dusty incarceration camp in the Utah desert. In this lean and devastatingly evocative first novel, Julie Otsuka tells their story from five flawlessly realized points of view and conveys the exact emotional texture of their experience: the thin-walled barracks and barbed-wire fences, the omnipresent fear and loneliness, the unheralded feats of heroism. When the Emperor Was Divine is a work of enormous power that makes a shameful episode of our history as immediate as today's headlines.
This book reviews the war on terror since 9/11 from a human rights perspective.
"The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution."--The Progressive "Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance."--Howard Zinn
This book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.
Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.
The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
How US foreign policy affects state repression