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Social ethics --- Social groups --- Business ethics --- Moral and ethical aspects --- Law --- Philosophy --- Social groups - Moral and ethical aspects --- Law - Philosophy

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In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.

Aggression (International law) --- Crimes against humanity --- Criminal intent --- International criminal courts --- Crimes against humanity. --- Criminal intent. --- International criminal courts. --- Aggression (International law). --- Criminal courts --- International courts --- Complementarity (International law) --- Dolus (Criminal law) --- Intent, Criminal --- Mens rea --- Guilt (Law) --- Crime --- International crimes --- Genocide --- War crimes --- International law --- Law and legislation --- Arts and Humanities --- Philosophy

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Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

Political philosophy. Social philosophy --- Humanitarian law. --- Guerre juste --- Grotius, Hugo, --- War (Philosophy) --- War (Philosophy). --- War crimes --- Just war doctrine --- Crimes against humanity --- Guerre (Philosophie) --- Crimes de guerre --- Droit international humanitaire --- Crimes contre l'humanité --- History. --- History --- Histoire --- Yougoslavie --- Just war doctrine. --- War --- Philosophy --- Jus ad bellum --- Moral and ethical aspects --- Religious aspects --- Arts and Humanities

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What makes a war just? What makes a specific weapon, strategy, or decision in war just? The tradition of Just War Theory has provided answers to these questions since at least 400 AD, yet each shift in the weapons and strategies of war poses significant challenges to Just War Theory. This book assembles renowned scholars from around the world to reflect on the most pressing problems and questions in Just War Theory, and engages with all three stages of war: jus ad bellum, jus in bello, and jus post bellum. Providing detailed historical context as well as addressing modern controversies and topics including drones, Islamic jihad, and humanitarian intervention, the volume will be highly important for students and scholars of the philosophy of war as well as for others interested in contemporary global military and ethical issues.

Political philosophy. Social philosophy --- Polemology --- Just war doctrine --- War --- War (Philosophy) --- Moral and ethical aspects --- Philosophy --- Armed conflict (War) --- Conflict, Armed (War) --- Fighting --- Hostilities --- Wars --- International relations --- Military art and science --- Jus ad bellum --- Religious aspects

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The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

Due process of law --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Due process of law. --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Arts and Humanities --- Philosophy