Authors: Larry May
ISBN-13: 9780521719155, ISBN-10: 0521719151
Format: Paperback
Publisher: Cambridge University Press
Date Published: May 2008
Edition: 1st Edition
Larry May is professor of philosophy at Washington University in St. Louis and Research Professor of Social Justice, Centre for Applied Philosophy and Public Ethics, Charles Sturt and Australian National Universityies. He is the author of numerous books, including The Morality of War; Crimes Against Humanity, which won an honorable mention from the American Society of International Law and best book award from the North American Society for Social Philosophy; and War Crimes and Just War, which won the Frank Chapman Sharp prize for the best book on the philosophy of war from the American Philosophical Association.
Book Synopsis
In this volume, Larry May locates a normative grounding for the crime of aggression.
Table of Contents
Acknowledgments ix
Pacifism and Just Wars
Introduction: Between the Horrors and Necessity of War 3
Condemning War but Fighting for Peace 6
War and Contemporary International Law 9
Many Unjustified Wars but Few Criminal Leaders 13
Minimalism, Consensus, and Solidarity 17
Summary of the Arguments of the Book 21
Grotius and Contingent Pacifism 25
Grotius on Just Wars 27
Grotius on Justifiable Killing in War 30
The Idea of Contingent Pacifism 33
An Objection to Contingent Pacifism 37
Contingent Pacifism and International Law 40
International Solidarity and the Duty to Aid 46
A Historical Note 47
The Idea of an International Community 51
Solidarity of the International Community 55
Objections 60
The Duties of Solidarity 64
Rethinking the Normative ad Bellum Principles
The Principle of Priority or First Strike 73
Gentili and the Justification of Offensive War 75
Grotius on Fear of Attack 78
First Strikes: The Priority Principle 81
Last Resort as the UltimateRestraint 84
Contemporary Warfare and the Priority Principle 87
International Law and the Priority Principle 90
The Principle of Just Cause 94
Conversion of Heathens and Promotion of Democracy 96
Paradigmatic Just Causes: Individual and Collective Self-Defense 100
Reconceptualizing the Principle of Just Cause 103
Just Cause and the Element of State Aggression 107
The Bifurcated Normative Principles of Jus ad Bellum 110
Rethinking the Separation of Jus ad Bellum and Jus in Bello 113
The Principle of Proportionality 117
Proportionality in Traditional Just War Theory 119
Necessity and Proportionality in International Law 124
Self-Defense and Proportionate Response 126
Proportionality and Minor Jus ad Bellum Principles 129
Connecting Proportionality, Priority, and Just Cause 133
The Precedent of Nuremberg
Custom and the Nuremberg "Precedent" 141
Just War Theory and Aggression 142
The Nuremberg "Precedent" 146
Rules in International Law 149
Jus Cogens Norms and the Crime of Aggression 152
The Conservative Approach to Custom 156
The Rules of the International Community 159
Prosecuting Military and Political Leaders 163
The Admiral Doenitz Case 165
Doenitz's Defense 168
The Ministries Case 171
Political Ministers and Waging War 174
Roles and Actus Reus 177
A Successful Prosecution: Admiral Raeder 181
Prosecuting Civilians for Complicity: The Krupp and I. G. Farben Cases 185
The Case against Krupp 186
The Case against I. G. Farben 191
Judge Hebert's Concurring Opinion 194
Mens Rea and Conspiracy 198
Conceptualizing the Crime of Aggression
Defining State Aggression 207
What Is Aggression? 209
Historical Roots of the Idea of State Aggression 212
Waging Aggressive War 218
The Wrong of Aggression 222
Who Decides? Another Lesson from Nuremberg 225
Act and Circumstance in the Crime of Aggression 229
The Problem of Acts 230
State Aggression as a Circumstance 234
Participating and Being Liable 239
Participating in the Circumstances of War 242
Revisiting the Superior Orders Defense 246
Individual Mens Rea and Collective Liability 250
Conspiracy at Nuremberg 251
Intent to Wage War 256
Two Intentions 260
Conspiracy to Wage Aggressive War 263
Collective Liability Schemes 266
Hard Cases and Concluding Thoughts
Humanitarian Intervention 273
Humanitarian Intervention in International Law 275
Immunity, Complicity, and Collective Liability 278
The Applicability of the Doctrine of Double Effect 283
Collective Responsibility of States 286
Defending Humanitarian Wars 289
Should Anyone Be Prosecuted for Humanitarian Wars? 293
Terrorist Aggression 297
Piracy and Terrorism 298
Legitimate Authority and Non-State Actors 302
Similarities between State and Non-State Actors 306
Prosecuting Terrorist Aggression 308
Terrorists and Due Process Rights 312
Human Rights after September 11, 2001 315
Defending International Criminal Trials for Aggression 319
Koskenniemi's Critique of International Criminal Law 320
The Diversity of Norms Defense 324
Drumbl's Arguments about Retribution and Deterrence 329
Political Leaders Defending Themselves 333
International Criminal Trials and Aggression 338
Bibliography 343
Index 351
Subjects