Law and Morality at War
Seiten
2017
Oxford University Press (Verlag)
978-0-19-968739-8 (ISBN)
Oxford University Press (Verlag)
978-0-19-968739-8 (ISBN)
What are the moral and legal issues of contemporary warfare? Drawing on cutting-edge debates in moral philosophy, this book proposes how the laws of war can be evaluated, criticized, and reformed, making a valuable and timely contribution to a pressing international debate.
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate.
Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate.
Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view.
Adil Ahmad Haque is Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School as well as Associate Graduate Faculty at the Rutgers University Department of Philosophy.
1: Introduction
2: Law and Morality
3: Civilians
4: Combatants
5: Distinction
6: Discrimination
7: Precautions
8: Proportionality
9: Human Shields
10: War Crimes
Appendix: Revisionism
| Erscheinungsdatum | 28.01.2017 |
|---|---|
| Reihe/Serie | Oxford Legal Philosophy |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 184 x 240 mm |
| Gewicht | 606 g |
| Themenwelt | Geisteswissenschaften ► Philosophie ► Ethik |
| Recht / Steuern ► Allgemeines / Lexika | |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| ISBN-10 | 0-19-968739-0 / 0199687390 |
| ISBN-13 | 978-0-19-968739-8 / 9780199687398 |
| Zustand | Neuware |
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