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Justice at War irrevocably alters the reader's perception of one of the most disturbing events in U.S. history—the internment during World War II of American citizens of Japanese descent. Peter Irons' exhaustive research has uncovered a government campaign of suppression, alteration, and destruction of crucial evidence that could have persuaded the Supreme Court to strike down the internment order. Irons documents the debates that took place before the internment order and the legal response during and after the internment.
Politics, Justice, and War by Joseph E. Capizzi Pdf
The just war ethic emerges from an affirmative response to the basic question of whether people may sometimes permissibly intend to kill other people. In Politics, Justice, and War, Joseph E. Capizzi clarifies the meaning and coherence of the "just war" approach, to the use of force in the context of Christian ethics. By reconnecting the just war ethic to an Augustinian political approach, Capizzi illustrates that the just war ethic requires emphasis on the "right intention," or goal, of peace as ordered justice. With peace set as the goal of war, the various criteria of the just war ethic gain their intelligibility and help provide practical guidance to all levels of society regarding when to go to war and how to strive to contain it. So conceived, the ethic places stringent limits on noncombatant or "innocent" killing in war, helps make sense of contemporary technological and strategic challenges, and opens up space for a critical and constructive dialogue with international law.
Justice and the Genesis of War by David A. Welch Pdf
Studies of the causes of wars generally presuppose a 'realist' account of motivation: when statesmen choose to wage war, they do so for purposes of self-preservation or self-aggrandizement. In this book, however, David Welch argues that humans are motivated by normative concerns, the pursuit of which may result in behaviour inconsistent with self-interest. He examines the effect of one particular type of normative motivation - the justice motive - in the outbreak of five Great Power wars: the Crimean war, the Franco-Prussian war, World War I, World War II, and the Falklands war. Realist theory would suggest that these wars would be among the least likely to be influenced by considerations other than power and interest, but the author demonstrates that the justice motive played an important role in the genesis of war, and that its neglect by theorists of international politics is a major oversight.
Christianity, Social Justice, and the Japanese American Incarceration during World War II by Anne M. Blankenship Pdf
Anne M. Blankenship's study of Christianity in the infamous camps where Japanese Americans were incarcerated during World War II yields insights both far-reaching and timely. While most Japanese Americans maintained their traditional identities as Buddhists, a sizeable minority identified as Christian, and a number of church leaders sought to minister to them in the camps. Blankenship shows how church leaders were forced to assess the ethics and pragmatism of fighting against or acquiescing to what they clearly perceived, even in the midst of a national crisis, as an unjust social system. These religious activists became acutely aware of the impact of government, as well as church, policies that targeted ordinary Americans of diverse ethnicities. Going through the doors of the camp churches and delving deeply into the religious experiences of the incarcerated and the faithful who aided them, Blankenship argues that the incarceration period introduced new social and legal approaches for Christians of all stripes to challenge the constitutionality of government policies on race and civil rights. She also shows how the camp experience nourished the roots of an Asian American liberation theology that sprouted in the sixties and seventies.
Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.
Michael Walzer on War and Justice by Brian Orend Pdf
In Michael Walzer on War and Justice Brian Orend offers the first clear and comprehensive look at Walzer's entire body of work. He deals with controversial subjects - from bullets, blood, and bombs to the distribution of money, political power, and health care - and surveys both the national and the international fields of justice. This is an important book that provides a thought-provoking and critical look at some of the most pressing and controversial topics of our time.
Japanese War Criminals by Sandra Wilson,Robert Cribb,Beatrice Trefalt,Dean Aszkielowicz Pdf
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
In Cold War Ruins Lisa Yoneyama argues that the efforts intensifying since the 1990s to bring justice to the victims of Japanese military and colonial violence have generated what she calls a "transborder redress culture." A product of failed post-World War II transitional justice that left many colonial legacies intact, this culture both contests and reiterates the complex transwar and transpacific entanglements that have sustained the Cold War unredressability and illegibility of certain violences. By linking justice to the effects of American geopolitical hegemony, and by deploying a conjunctive cultural critique—of "comfort women" redress efforts, state-sponsored apologies and amnesties, Asian American involvement in redress cases, the ongoing effects of the U.S. occupation of Japan and Okinawa, Japanese atrocities in China, and battles over WWII memories—Yoneyama helps illuminate how redress culture across Asia and the Pacific has the potential to bring powerful new and challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.
Justice in War-time, first published in 1916, is a collection of Bertrand Russell's essays on war. He claims that humans have an instinct toward war, but that this instinct needs to be sufficiently roused in order to spark conflict. He analyzes British foreign policy during the ten years before the First World War in an effort to discover how England may have contributed to the problem. The essays included in this volume are: . "An Appeal to the Intellectuals of Europe" . "The Ethics of War" . "War and Non-Resistance" . "Why Nations Love War" . "The Future of Anglo-German Rivalry" . "Is Permanent Peace Possible?" . "The Danger to Civilization" . "The Entente Policy, 1904-1915. A Reply to Professor Gilbert Murray" British philosopher and mathematician BERTRAND ARTHUR WILLIAM RUSSELL (1872-1970) won the Nobel Prize for Literature in 1950. Among his many works are Why I Am Not a Christian (1927), Power: A New Social Analysis (1938), and My Philosophical Development (1959).
Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
War, Genocide, and Justice by Cathy J. Schlund-Vials Pdf
In the three years, eight months, and twenty days of the Khmer Rouge's deadly reign over Cambodia, an estimated 1.7 million Cambodians perished as a result of forced labor, execution, starvation, and disease. Despite the passage of more than thirty years, two regime shifts, and a contested U.N. intervention, only one former Khmer Rouge official has been successfully tried and sentenced for crimes against humanity in an international court of law to date. It is against this background of war, genocide, and denied justice that Cathy J. Schlund-Vials explores the work of 1.5-generation Cambodian American artists and writers. Drawing on what James Young labels "memory work"--the collected articulation of large-scale human loss--War, Genocide, and Justice investigates the remembrance work of Cambodian American cultural producers through film, memoir, and music. Schlund-Vials includes interviews with artists such as Anida Yoeu Ali, praCh Ly, Sambath Hy, and Socheata Poeuv. Alongside the enduring legacy of the Killing Fields and post-9/11 deportations of Cambodian American youth, artists potently reimagine alternative sites for memorialization, reclamation, and justice. Traversing borders, these artists generate forms of genocidal remembrance that combat amnesic politics and revise citizenship practices in the United States and Cambodia. Engaged in politicized acts of resistance, individually produced and communally consumed, Cambodian American memory work represents a significant and previously unexamined site of Asian American critique.
Doing Justice In Wartime by Mélanie Bost,Antoon Vrints Pdf
This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and ‘the justice system’ (police, judiciary and professionals working in the prison service) on the other. It also highlights the emergence of new expectations of justice among these actors as a result of war. Furthermore, the book addresses justice practices, strategies for coping with the changing circumstances, new forms of negotiation, interactions, relationships between populations and the formal justice system in this specific context, and the long-term effects of this renegotiation. Ten out of the eleven chapters focus on Belgian issues, covering the two world wars in equal measure. Belgium’s diverse war experiences in the twentieth century mean that a study of the country provides fascinating insights into the impact of war on the dynamics of ‘doing justice’. The Belgian army fought in both world wars, and the vast majority of the population experienced military occupation. The latter led to various forms of collaboration with the enemy, which required the newly reinstalled Belgian government to implement large-scale judicial processes to repress these ‘antipatriotic’ behaviours, in order to restore both its authority and legitimacy and to re-establish social peace.
Author : Allan A. Ryan Publisher : University Press of Kansas Page : 408 pages File Size : 44,6 Mb Release : 2014-10-17 Category : History ISBN : 9780700620142
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Peace with Justice? by Paul R. Williams,Michael P. Scharf Pdf
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Child Soldiers as Agents of War and Peace by Leonie Steinl Pdf
This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.