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Just War

Simon Caney

in Justice Beyond Borders: A Global Political Theory

Published in print:
2005
Published Online:
April 2005
ISBN:
9780198293507
eISBN:
9780191602337
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829350X.003.0006
Subject:
Political Science, Political Theory

The aim of this chapter is to analyse a number of prominent views concerning the nature of a just war and, having criticized them, to outline the account of a just war that follows from a ... More


An Intervener's Conduct: Humanitarian Intervention and Jus in Bello

James Pattison

in Humanitarian Intervention and the Responsibility To Protect: Who Should Intervene?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199561049
eISBN:
9780191722318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561049.003.0004
Subject:
Political Science, Comparative Politics, International Relations and Politics

This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ... More


Introduction

Uwe Steinhoff

in On the Ethics of War and Terrorism

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217373
eISBN:
9780191712470
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217373.003.0001
Subject:
Political Science, Political Theory

The introduction describes the aims of the book, gives an outline of the central tenets of just war theory, and informs the reader about the book's structure. It also points out that jus ad bellum ... More


On the Ethics of War and Terrorism

Uwe Steinhoff

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217373
eISBN:
9780191712470
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217373.001.0001
Subject:
Political Science, Political Theory

This book describes and explains the basic tenets of just war theory and gives a precise, succinct, and highly critical account of its present status and of the most important and controversial ... More


Jus in Bello, Guantanamo Bay, and the War on Terror

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

Examining questions of jus in bello, this chapter begins by applying the principles of proportionality and discrimination to the invasion of Iraq. The analysis then focuses on the Bush ... More


The Gentle Modernizer of the Law of Armed Conflict?

Inger Österdahl

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter argues that jus post bellum is necessary in order to cope constructively with the consequences of armed conflict. At the same time, the introduction of a systematic and comprehensive jus ... More


Privatization and the Normative Challenge to Jus in Bello Rules

Amy E. Eckert

in Outsourcing War: The Just War Tradition in the Age of Military Privatization

Published in print:
2015
Published Online:
August 2016
ISBN:
9780801454202
eISBN:
9781501703577
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801454202.003.0004
Subject:
Political Science, Security Studies

This chapter begins by considering the relationship between jus ad bellum and jus in bello rules, which regulate different aspects of war, as well as the relationship between international law and ... More


Jus in Bello, Suicide Bombing, and Killing Civilians

Alia Brahimi

in Jihad and Just War in the War on Terror

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199562961
eISBN:
9780191595059
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562961.003.0007
Subject:
Political Science, Political Theory, International Relations and Politics

In the 1990s, Osama bin Laden observed proudly that the Afghan jihad against the Russians was unstained by the blood of innocents. Yet, since 1993, civilians have been al‐Qaeda's chosen targets. This ... More


Hugo Grotius and International Relations

Hedley Bull, Benedict Kingsbury, and Adam Roberts (eds)

Published in print:
1992
Published Online:
November 2003
ISBN:
9780198277712
eISBN:
9780191598890
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198277717.001.0001
Subject:
Political Science, International Relations and Politics

Hugo Grotius (1583–1645), ‘the miracle of Holland’, was famous as a child prodigy, theologian, historian, poet, jurist, Dutch political figure, escaped political prisoner, and finally as Sweden's ... More


Jus Post Bellum: Mapping the Normative Foundations

Carsten Stahn, Jennifer S. Easterday, and Jens Iverson (eds)

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post ... More


The Morality of Killing in War: Some Traditional and Nontraditional Views

F. M. Kamm

in The Moral Target: Aiming at Right Conduct in War and Other Conflicts

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199897520
eISBN:
9780199950249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199897520.003.0004
Subject:
Philosophy, Moral Philosophy

This chapter studies the traditional and non-traditional views of the morality of killing in war. It summarizes the usual views on jus in bello—justice in conducting a war—and looks at some current ... More


Humanitarian Intervention and the Responsibility To Protect: Who Should Intervene?

James Pattison

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199561049
eISBN:
9780191722318
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561049.001.0001
Subject:
Political Science, Comparative Politics, International Relations and Politics

This book considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more ... More


Non‐combatant Immunity and the Definition of Non‐innocence and Innocence

Uwe Steinhoff

in On the Ethics of War and Terrorism

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217373
eISBN:
9780191712470
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217373.003.0005
Subject:
Political Science, Political Theory

This chapter tackles the question of why soldiers, allegedly, are legitimate targets and civilians not. Four approaches to the explanation of the difference are discussed: the moral guilt theory, the ... More


The Concept of Jus Post Bellum in International Law: A Normative Critique

Eric De Brabandere

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the usefulness and accuracy of jus post bellum as a legal concept. It argues that the concept presents a challenge to the objectivity of the post-conflict phase by linking the ... More


The Morality of Participation in an Unjust War

Jeff McMahan

in Killing in War

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199548668
eISBN:
9780191721045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548668.003.0001
Subject:
Philosophy, Moral Philosophy, Philosophy of Language

This chapter analyzes and criticizes the currently orthodox theory of the just war, according to which it is permissible for combatants on both sides in a war to fight, irrespective of whether their ... More


War Crimes and Immoral Action in War

Jeff McMahan

in The Constitution of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673872
eISBN:
9780191752032
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673872.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The ideal in the law of war is that all and only those acts that harm their victims and are seriously morally wrong should be criminal, and thus punishable. The law ought, within certain limits, to ... More


A Theory of Jus in Bello Proportionality

Adil Ahmad Haque

in Weighing Lives in War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198796176
eISBN:
9780191837272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796176.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

The chapter argues that an attack that inflicts harm on civilians is proportionate only if it prevents the opposing party from inflicting substantially greater harm on the attacking force or ... More


The Restrictions on Private Contractors

James Pattison

in The Morality of Private War: The Challenge of Private Military and Security Companies

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199639700
eISBN:
9780191756085
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199639700.003.0003
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter considers when there is a right to be a private contractor, that is, the restrictions that private contractors should meet. It does so by applying the Just War principles of jus ad ... More


The Applicability of the jus in bello to Cyber Operations

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The purpose of this Chapter is to establish when the law of armed conflict applies to cyber operations. As conventional jus in bello does not provide a general definition of ‘armed conflict’ but ... More


Jus in Bello’s Missing Piece

James M. Dubik

in Just War Reconsidered: Strategy, Ethics, and Theory

Published in print:
2016
Published Online:
January 2017
ISBN:
9780813168296
eISBN:
9780813168432
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813168296.003.0002
Subject:
History, Military History

Just war theory is a theory of practical morality applied in the most complex of human activities. War is the realm of ambiguity, whether for soldiers and their military leaders fighting it or the ... More


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