Law and War : International Law and American History » (2nd Edition)

Peter Maguire has taught at Bard College, Columbia Law School, and Southern Cross University. He is the author of Facing Death in Cambodia.

In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation.

Praise for the previous edition:

"[An] intriguing historical analysis."& mdash Harvard Law Review

"Outstanding... impressive... a terrific book."& mdash; American Historical Review

"A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."& mdash;H. W. William Caming, former Nuremberg prosecutor

"Perceptive."& mdash; Journal of American History

"An important and fascinating study, marked by impressive research and moral passion."& mdash;Ronald Steel, University of Southern California

"A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."& mdash;J. C. Watkins Jr., University of Alabama

"A sobering exploration of the hypocrisy and double standards that shape the laws of war. Maguire reveals the conflict between American ideology and American imperialism, the Faustian compromises made by our leaders during their elusive quest for justice."& mdash;Iris Chang, author of The Rape of Nanking

"A pioneering account.... Law and War goes back to the middle of the nineteenth century to trace the history of modern war crimes, their shock value, and the efforts made to bring their perpetrators to account."& mdash;Thomas Keenan, Bardian

Preface vii

Introduction 1

Chapter 1 The End of Limited War 18

Chapter 2 The Changing Rules of War and Peace 39

Chapter 3 The American War Crimes Program 78

Chapter 4 A Shift in Priorities 114

Chapter 5 Nuremberg: A Cold War Conflict of Interest 159

Chapter 6 The Rapid Liquidation of the War Crimes Problem 187

Conclusion 206

Postscript: The New American Paradigm 213

Notes 221

Glossary 311

Bibliography 315

Index 339