Civilian Immunity in War

Author: Igor Primoratz

Publisher: Oxford University Press

ISBN: 0199290741

Category: Law

Page: 263

View: 872

The protection of noncombatants from deadly violence is the centrepiece of any account of ethical and legal constraints on war. It was a major achievement of moral progress from early modern times to World War I. Yet it has been under constant attrition since - perhaps never more so than in our time, with its 'new wars', the spectre of weapons of mass destruction, and the global terrorism alert. Civilian Immunity in War presents eleven specially written essays on the main aspects of this highly topical subject. Written in a clear and non-technical style, this volume will appeal to students and researchers in philosophy, politics, and law, as well as anyone with an interest in the ethics and legality of war.
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Targeting Civilians in War

Author: Alexander B. Downes

Publisher: Cornell University Press

ISBN: 9780801457296

Category: Political Science

Page: 328

View: 5439

Accidental harm to civilians in warfare often becomes an occasion for public outrage, from citizens of both the victimized and the victimizing nation. In this vitally important book on a topic of acute concern for anyone interested in military strategy, international security, or human rights, Alexander B. Downes reminds readers that democratic and authoritarian governments alike will sometimes deliberately kill large numbers of civilians as a matter of military strategy. What leads governments to make such a choice? Downes examines several historical cases: British counterinsurgency tactics during the Boer War, the starvation blockade used by the Allies against Germany in World War I, Axis and Allied bombing campaigns in World War II, and ethnic cleansing in the Palestine War. He concludes that governments decide to target civilian populations for two main reasons-desperation to reduce their own military casualties or avert defeat, or a desire to seize and annex enemy territory. When a state's military fortunes take a turn for the worse, he finds, civilians are more likely to be declared legitimate targets to coerce the enemy state to give up. When territorial conquest and annexation are the aims of warfare, the population of the disputed land is viewed as a threat and the aggressor state may target those civilians to remove them. Democracies historically have proven especially likely to target civilians in desperate circumstances. In Targeting Civilians in War, Downes explores several major recent conflicts, including the 1991 Persian Gulf War and the American-led invasion of Iraq in 2003. Civilian casualties occurred in each campaign, but they were not the aim of military action. In these cases, Downes maintains, the achievement of quick and decisive victories against overmatched foes allowed democracies to win without abandoning their normative beliefs by intentionally targeting civilians. Whether such "restraint" can be guaranteed in future conflicts against more powerful adversaries is, however, uncertain. During times of war, democratic societies suffer tension between norms of humane conduct and pressures to win at the lowest possible costs. The painful lesson of Targeting Civilians in War is that when these two concerns clash, the latter usually prevails.
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Killing Civilians

Method, Madness and Morality in War

Author: Hugo Slim

Publisher: Oxford University Press, USA

ISBN: 9780199326549

Category: Political Science

Page: 300

View: 9809

This is a book about how civilians suffer in war and why people decide that they should. Most civilian suffering in war is deliberate and always has been. Massacres, rape, displacement, famine and disease are usually designed. They are policies in war. In meetings or on mobile phones, political and military leaders decide that civilians are appropriate or inevitable targets. The principle that unarmed and innocent people should be protected in war is an ancient, precious but fragile idea. Today, the principle of civilian immunity is enshrined in modern international law and cherished by many. But, in practice, leaders in most wars reject the principle. Using detailed historical and contemporary examples, Killing Civilians looks at the many ways in which civilians suffer in wars and analyses the main anti-civilian ideologies which insist upon such suffering. It also exposes the very real ambiguity in much civilian identity which is used to justify extreme hostility. But this is also, above all, a book about why civilians should be protected. Throughout its pages, Killing Civilians argues for a morality of limited warfare in which tolerance, mercy and restraint are used to draw boundaries to violence. At the heart of the book are important new frameworks for understanding patterns of civilian suffering, ideologies of violence and strategies for promoting the protection of civilians. This is the first major treatment of the hard questions of civilian identity and protection in war for many years. Written by one of the humanitarian world's leading thinkers and former aid worker, it provides a unique and accessible text on the subject for professional and public readerships alike.
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Terrorism and the Ethics of War

Author: Stephen Nathanson

Publisher: Cambridge University Press

ISBN: 1139488465

Category: Philosophy

Page: N.A

View: 2970

Most people strongly condemn terrorism; yet they often fail to say how terrorist acts differ from other acts of violence such as the killing of civilians in war. Stephen Nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics of war. His book challenges influential views on the ethics of war, including the realist view that morality does not apply to war, and Michael Walzer's defence of attacks on civilians in 'supreme emergency' circumstances. It provides a clear definition of terrorism, an analysis of what makes terrorism morally wrong, and a rule-utilitarian defence of noncombatant immunity, as well as discussions of the Allied bombings of cities in World War II, collateral damage, and the clash between rights theories and utilitarianism. It will interest a wide range of readers in philosophy, political theory, international relations and law.
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Collateral Damage

Americans, Noncombatant Immunity, and Atrocity after World War II

Author: Sahr Conway-Lanz

Publisher: Routledge

ISBN: 1136771239

Category: History

Page: 296

View: 1252

"Collateral damage" is a military term for the inadvertent casualties and destruction inflicted on civilians in the course of military operations. In Collateral Damage: Americans, Noncombatant Immunity, and Atrocity after World War II, Sahr Conway-Lanz chronicles the history of America's attempt to reconcile the ideal of sparing civilians with the reality that modern warfare results in the killing of innocent people. Drawing on policymakers' response to the issues raised by the atrocities of World War II and the use of the atomic bomb, as well as the ongoing debate by the American public and the media as the Korean War developed, Conway-Lanz provides a comprehensive examination of modern American discourse on the topic of civilian casualties and provides a fascinating look at the development of what is now commonly known as collateral damage.
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Massacres and Morality

Mass Atrocities in an Age of Civilian Immunity

Author: Alex J. Bellamy

Publisher: Oxford University Press

ISBN: 0199288429

Category: Philosophy

Page: 450

View: 3316

Why does the mass killing of civilians persist? Why do the perpetrators often escape criticism and punishment despite violating our most deeply held moral beliefs? Is the protection of civilians from these heinous crimes strengthening or weakening? Examining dozens of episodes of mass killing perpetrated by states since the French Revolution, this book argues that the principle that civilians ought not be deliberately killed has been engaged in a protractedstruggle against a variety of 'anti-civilian ideologies' which try to justify such killing. The book argues that although civilian immunity has won the battle of ideas against these ideologies, the battleitself continues as new ideologies emerge and the practice of condemning and punishing perpetrators is uneven and inconsistent - complicated by the politics of each new situation. As a result, whilst it has become much more difficult for states to get away with mass murder, it is still not entirely impossible for them to do so.
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The Image before the Weapon

a critical history of the distinction between combatant and civilian

Author: Helen M. Kinsella

Publisher: Cornell University Press

ISBN: 9780801461262

Category: Political Science

Page: 272

View: 2454

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
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Civilian Immunity in War

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1467207306

Category: Education

Page: 20

View: 4788

Facts101 is your complete guide to Civilian Immunity in War. In this book, you will learn topics such as Airpower and Non-combatant Immunity: The Road to, plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
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Killing in War

Author: Jeff McMahan

Publisher: OUP Oxford

ISBN: 0191563463

Category: Philosophy

Page: 272

View: 9176

Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
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Identifying the Enemy

Civilian Participation in Armed Conflict

Author: Emily Crawford

Publisher: Oxford University Press, USA

ISBN: 0199678499

Category: Civilians in war

Page: 288

View: 3472

Over the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
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The Morality of War - Second Edition

Author: Brian Orend

Publisher: Broadview Press

ISBN: 1554810957

Category: Philosophy

Page: 344

View: 8755

The first edition of The Morality of War was one of the most widely-read and successful books ever written on the topic. In this second edition, Brian Orend builds on the substantial strengths of the first, adding important new material on: cyber-warfare; drone attacks; the wrap-up of Iraq and Afghanistan; conflicts in Libya and Syria; and protracted struggles (like the Arab-Israeli conflict). Updated and streamlined throughout, the book offers new research tools and case studies, while keeping the winning blend of theory and history featured in the first edition. This book remains an engaging and comprehensive examination of the ethics, and practice, of war and peace in today’s world.
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Terror from the Sky

The Bombing of German Cities in World War II

Author: Igor Primoratz

Publisher: Berghahn Books

ISBN: 9781845456870

Category: History

Page: 240

View: 8029

"This is an interesting, informative, and important work. Overall, the quality of the essays is very high, and the focus of the book is on a topic of great importance." Stephen Nathanson, Northeastern University. In this first interdisciplinary study of this contentious subject, leading experts in politics, history, and philosophy examine the complex aspects of the terror bombing of German cities during World War II. The contributors address the decision to embark on the bombing campaign, the moral issues raised by the bombing, and the main stages of the campaign and its effects on German civilians as well as on Germany's war effort. The book places the bombing campaign within the context of the history of air warfare, presenting the bombing as the first stage of the particular type of state terrorism that led to Hiroshima and Nagasaki and brought about the Cold War era "balance of terror." In doing so, it makes an important contribution to current debates about terrorism. It also analyzes the public debate in Germany about the historical, moral, and political significance of the deliberate killing of up to 600,000 German civilians by the British and American air forces. This pioneering collaboration provides a platform for a wide range of views---some of which are controversial---on a highly topical, painful, and morally challenging subject.
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The Cambridge Handbook of the Just War

Author: Larry May

Publisher: Cambridge University Press

ISBN: 1107152496

Category: Law

Page: 352

View: 7139

A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.
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American Immunity

War Crimes and the Limits of International Law

Author: Patrick Hagopian

Publisher: N.A

ISBN: 9781625340474

Category: History

Page: 244

View: 3424

In 1955 the Supreme Court ruled that veterans of the US armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Hagopian places this exemption in the context of a long-standing tension between international law and US sovereignty.
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Just War Theory and Civilian Casualties

Protecting the Victims of War

Author: Marcus Schulzke

Publisher: Cambridge University Press

ISBN: 1107189691

Category: Philosophy

Page: 250

View: 4756

This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.
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Contemporary Just War

Theory and Practice

Author: Tamar Meisels

Publisher: Routledge

ISBN: 1351699466

Category: Political Science

Page: 170

View: 5757

This book offers a renewed defense of traditional just war theory and considers its application to certain contemporary cases, particularly in the Middle East. The first part of the book addresses and responds to the central theoretical criticisms levelled at traditional just war theory. It offers a detailed defense of civilian immunity, the moral equality of soldiers and the related dichotomy between jus ad bellum and jus in bello, and argues that these principles taken together amount to a morally coherent ethics of war. In this sense this project is traditional (or "orthodox"). In another sense, however, it is highly relevant to the modern world. While the first part of the book defends the just war tradition against its revisionist critics, the second part applies it to an array of timely issues: civil war, economic warfare, excessive harm to civilians, pre-emptive military strikes, and state-sponsored assassination, which require applying just war theory in practice. This book sets out to reaffirm the basic tenets of the traditional ethics of war and to lend them further moral support, subsequently applying them to a variety of practical issues. This book will be of great interest to students of just war theory, ethics, security studies, war and conflict studies, and IR in general.
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Protecting Civilians During Violent Conflict

Theoretical and Practical Issues for the 21st Century

Author: Professor David W Lovell,Professor Igor Primoratz

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409476855

Category: Social Science

Page: 366

View: 4819

There is almost unanimous agreement that civilians should be protected from the direct effects of violent conflict, and that the distinction between combatant and non-combatant should be respected. But what are the fundamental ethical questions about civilian immunity? Are new styles of conflict making this distinction redundant? Eloquently combining theory and practice, leading scholars from the fields of political science, law and philosophy have been brought together to provide an essential overview of some of the major ethical, legal and political issues with regard to protecting civilians caught up in modern inter- and intra-state conflicts. In doing so, they examine what is being done, and what can be done, to make soldiers more aware of their responsibilities in this area under international law and the ethics of war, and more able to respond appropriately to the challenges that will confront them in the field. 'Protecting Civilians During Violent Conflict' presents a clear-eyed look at the dilemmas facing regular combatants as they confront enemies in the modern battlespace, and especially the complications arising from the new styles of conflict where enemy and civilian populations merge.
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Just and Unjust Warriors

The Moral and Legal Status of Soldiers

Author: David Rodin,Henry Shue

Publisher: OUP Oxford

ISBN: 0191552739

Category: Political Science

Page: 272

View: 3366

Can a soldier be held responsible for fighting in a war that is illegal or unjust? This is the question at the heart of a new debate that has the potential to profoundly change our understanding of the moral and legal status of warriors, wars, and indeed of moral agency itself. The debate pits a widely shared and legally entrenched principle of war - that combatants have equal rights and equal responsibilities irrespective of whether they are fighting in a war that just or unjust - against a set of striking new arguments. These arguments challenge the idea that there is a separation between the rules governing the justice of going to war (the jus ad bellum) and the rules governing what combatants can do in war (the jus in bello). If ad bellum and in bello rules are connected in the way these new arguments suggest, then many aspects of just war theory and laws of war would have to be rethought and perhaps reformed. This book contains eleven original and closely argued essays by leading figures in the ethics and laws of war and provides an authoritative treatment of this important new debate. The essays both challenge and defend many deeply held convictions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality, the relationship between soldiers and states, and the relationship between the ethics of war and the ethics of ordinary life. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
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The Oxford Handbook of Ethics of War

Author: Seth Lazar,Helen Frowe

Publisher: Oxford University Press

ISBN: 0199943419

Category: Philosophy

Page: 592

View: 310

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.
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