Preemptionmilitary Action And Moral Justification

Author : Henry Shue
Publisher : Oxford University Press
ISBN 13 : 0199233136
Total Pages : 276 pages
Book Rating : 4.37/5 ( download)

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Download or read book Preemption written by Henry Shue and published by Oxford University Press. This book was released on 2007-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.

Author : Deen K. Chatterjee
Publisher : Cambridge University Press
ISBN 13 : 0521765684
Total Pages : 271 pages
Book Rating : 4.88/5 ( download)

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Download or read book The Ethics of Preventive War written by Deen K. Chatterjee and published by Cambridge University Press. This book was released on 2013-04-04 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the complex and contested moral and legal issues of preventive warfare.

Author : Antony Lamb
Publisher : Routledge
ISBN 13 : 1136255427
Total Pages : 173 pages
Book Rating : 4.27/5 ( download)

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Download or read book Ethics and the Laws of War written by Antony Lamb and published by Routledge. This book was released on 2013-05-29 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of the permissions, prohibitions and obligations found in just war theory, and the moral grounds for laws concerning war. Pronouncing an action or course of actions to be prohibited, permitted or obligatory by just war theory does not thereby establish the moral grounds of that prohibition, permission or obligation; nor does such a pronouncement have sufficient persuasive force to govern actions in the public arena. So what are the moral grounds of laws concerning war, and what ought these laws to be? Adopting the distinction between jus ad bellum and jus in bello, the author argues that rules governing conduct in war can be morally grounded in a form of rule-consequentialism of negative duties. Looking towards the public rules, the book argues for a new interpretation of existing laws, and in some cases the implementation of completely new laws. These include recognising rights of encompassing groups to necessary self-defence; recognising a duty to rescue; and considering all persons neither in uniform nor bearing arms as civilians and therefore fully immune from attack, thus ruling out ‘targeted’ or ‘named’ killings. This book will be of much interest to students of just war theory, ethics of war, international law, peace and conflict studies, and Security Studies/IR in general.

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0198040350
Total Pages : 286 pages
Book Rating : 4.54/5 ( download)

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Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Author : A. Colonomos
Publisher : Springer
ISBN 13 : 113701895X
Total Pages : 277 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Gamble of War written by A. Colonomos and published by Springer. This book was released on 2013-02-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the justification of preventive war in contemporary asymmetrical international relations. It focuses on the most crucial aspect of prevention: uncertainty. It builds a new framework where the role of luck—whether military, political, moral, or normative—is a corrective to the traditional approaches of the just war tradition.

Author : Colin S. Gray
Publisher : Lulu.com
ISBN 13 : 9781312298934
Total Pages : 72 pages
Book Rating : 4.36/5 ( download)

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Download or read book The Implications of Preemptive and Preventive War Doctrines: A Reconsideration written by Colin S. Gray and published by Lulu.com. This book was released on 2014-06-22 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: If RMA (revolution in military affairs) was the acronym and concept of choice in the U.S. defense community in the 1990s, so preemption has threatened to supercede it in the 2000s. The trouble is that officials and many analysts have confused preemption, which is not controversial, with prevention, which is. In this monograph, Dr. Colin S. Gray draws a sharp distinction between preemption and prevention, and explains that the political, military, moral, and strategic arguments have really all been about the latter, not the former. Dr. Gray provides definitions, reviews the history of the preventive war option, and considers the merit, or lack thereof, in the principal charges laid against the concept when it is proclaimed to be policy. Dr. Gray concludes that there is a place for preventive war in U.S. strategy, but that it is an option that should be exercised only very occasionally. However, there are times when only force seems likely to resolve a maturing danger.

Author : Deen K. Chatterjee
Publisher : Springer Science & Business Media
ISBN 13 : 1402091591
Total Pages : 1213 pages
Book Rating : 4.99/5 ( download)

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Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2011 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.

Author : Colin S. Gray
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Implications of Preemptive and Preventive War Doctrines written by Colin S. Gray and published by . This book was released on 2007 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Michael W. Doyle
Publisher : Princeton University Press
ISBN 13 : 1400829631
Total Pages : 200 pages
Book Rating : 4.37/5 ( download)

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Download or read book Striking First written by Michael W. Doyle and published by Princeton University Press. This book was released on 2011-03-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.

Author : Christine Chinkin
Publisher : Cambridge University Press
ISBN 13 : 1107171210
Total Pages : 611 pages
Book Rating : 4.13/5 ( download)

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Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.