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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 Parameters of Self-Defence

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the conditions and rules attached to the exercise of self-defence, with particular reference to circumstances involving non-state actors. The requirement of necessity is shown ... More


Justification

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0007
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter argues that it is impossible to generalize about the nature and rationale of legal justifications because justifications divide themselves into two categories each of which is further ... More


Self-Generated Self-Defence

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, ... More


The Possibility of Self-Defence Against Non-State Actors

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the ... More


On Getting One's Retaliation in First 1

Suzanne Uniacke

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0004
Subject:
Political Science, Political Theory

This chapter provides a general, philosophical account of the use of harmful force in self-defence as a type of retaliation. It argues that pre-emption — the use of harmful force for prevention — is ... More


Defending the Nation: the Falklands

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

Despite the growing institutionalization and internationalization of military operations, the classical unilateral military action must not be forgotten. The invasion of the Falklands/Malvinas ... More


War and Self-Defense

David Rodin

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199257744
eISBN:
9780191601811
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199257744.001.0001
Subject:
Philosophy, Political Philosophy

This book explores the moral response to war and aggression within the context of self-defence. Two main projects are undertaken: to explain defensive rights in their most general form, and determine ... More


Pre‐emptive War on Iraq

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/9780199562961.003.0003
Subject:
Political Science, Political Theory, International Relations and Politics

Continuing the discussion of the Bush administration's just cause began in Chapter 1, this chapter examines the arguments put forward for pre‐emptive war and responses to those arguments. The Bush ... More


Helping a Friend in Afghanistan

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

The war on terrorism, starting in earnest with the military action in Afghanistan October 2001, involved British troops acting alongside the United States against al-Qaeda and the Taliban on the ... More


The Classification of Defences

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines the ways in which criminal defences can be classified, why classification might be important, and where self-defence fits into such a classification. It argues that defences ... More


Mistake

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter examines the issue of how the accused who makes a mistake in self-defence should be dealt with in law. Two types of mistake are analysed: mistake about the existence of an imminent ... More


Normative Innovation and the Great Powers

Justin Morris

in International Society and its Critics

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199265206
eISBN:
9780191601866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199265208.003.0016
Subject:
Political Science, International Relations and Politics

In this final chapter, The author asks whether the shift from a multipolar to unipolar society of states has led to normative change in international society, using the norm prohibiting the use of ... More


Jihad and Al‐Qaeda's Just Cause

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/9780199562961.003.0005
Subject:
Political Science, Political Theory, International Relations and Politics

This chapter begins with an overview of the development of the Islamic just war tradition (jihad). It then narrows the focus to the critical issue of just cause. Osama bin Laden and his deputy, Ayman ... More


Collective self-defence

Cécile Fabre

in Cosmopolitan War

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199567164
eISBN:
9780191746055
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567164.003.0003
Subject:
Philosophy, Moral Philosophy, Political Philosophy

Chapter 2 offers an account of wars of collective self-defence against an unwarranted military aggression—the paradigmatic case of a just war, and yet the kind of war, precisely, which might seem to ... More


Measures Taken Outside the Self-Defence Framework

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter questions whether extraterritorial use of force against non-state actors might, in certain conditions, not be a breach of international law, even if taken outside the framework of ... More


The Problem with Prevention 1

David Rodin

in Preemption: Military Action and Moral Justification

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199233137
eISBN:
9780191716270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233137.003.0007
Subject:
Political Science, Political Theory

This chapter argues that there are profound moral problems with the doctrine of preventive war. The consequentialist approaches to preventive war are first examined. The chapter then examines whether ... More


The Ends of Harm: The Moral Foundations of Criminal Law

Victor Tadros

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199554423
eISBN:
9780191731341
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554423.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most ... More


Imminence of Harm

Fiona Leverick

in Killing in Self-Defence

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199283460
eISBN:
9780191712654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283460.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the issue of whether the law of self-defence should contain an imminence of harm requirement. The issue is a controversial one, as such a requirement means that defence is ... More


Jus ad Bellum, Iraq, 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/9780199562961.003.0002
Subject:
Political Science, Political Theory, International Relations and Politics

The Bush administration argued vigorously that the 2003 Iraq war was just. The war's critics similarly invoked the language and concepts of the just war tradition to register their opposition. These ... More


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