9781139161916 (ebook) 9781107024021 (hardback) 9781107697447 (paperback)
ASIL studies in international legal theory.
This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction / Larry May and Andrew T. Forcehimes Post-conflict truth telling : exploring extended territory / Margaret Walker Reparations, restitution, and transitional justice / Larry May Addressing atrocity at the local level : community- based approaches to transitional justice in Central Africa / Phil Clark Timor-Leste and transitional justice : should we pursue international prosecutions for the crimes committed in East Timor in 1999? / Jovana Davidovic Justice after war : economic actors, economic crimes, and the moral imperative for accountability after war / Joanna Kyriakakis Child soldiers, transitional justice, and the architecture of post bellum settlements / Mark A. Drumbl Our soldiers, right or wrong : the postwar treatment of troops / C.A.J. Coady Democratization and just cause / Robert Talisse Skepticism about jus post bellum / Seth Lazar Law and the jus post bellum : counseling caution / Robert Cryer Conclusion / Andrew Forcehimes and Larry May.