دانلود کتاب Morality, Jus Post Bellum, and International Law

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Cover MORALITY, JUS POST BELLUM, AND INTERNATIONAL LAW Series Title Copyright Contents Contributors Introduction 1: Post-conflict Truth Telling: Exploring Extended Territory I. RIGHTS TO THE TRUTH: AN ISSUE FOR DOMESTIC TRANSITIONS ONLY? II. EXTENDING OBLIGATIONS OF TRUTH TELLING BEYOND THE DOMESTIC SPHERE III. IS POST-CONFLICT TRUTH TELLING IRRELEVANT TO INTERSTATE CONFLICT? IV. VIOLENCE AMONG STATE ACTORS: WHICH TRUTH TO TELL AND HOW TO TELL IT 2: Reparations, Restitution, and Transitional Justice I. TRANSITIONAL JUSTICE AND MEIONEXIA II. THE CONCEPT OF RESTITUTION III. AN ACCOUNT OF REPARATIONS IV. WHO IS RESPONSIBLE? V. COMPENSATING VICTIMS 3: Addressing Atrocity at the Local Level: Community-Based Approaches to Transitional Justice in Central Africa INTRODUCTION I. BACKGROUND TO THE GREAT LAKES CONFLICTS AND COMMUNITY-BASED APPROACHES TO TRANSITIONAL JUSTICE Rwanda Uganda II. THE NECESSITY AND VIRTUES OF COMMUNITY-BASED APPROACHES TO TRANSITIONAL JUSTICE Justice for Mass Atrocity: Reflecting the Nature of Modern Conflict Facilitating Engagement in Pursuit of Broader Social Objectives III. CRITIQUES OF COMMUNITY-BASED TRANSITIONAL JUSTICE Problem of Indigeneity Human Rights Concerns: Lack of Due Process Elite Control IV. RESPONDING TO THE CRITIQUES OF COMMUNITY-BASED APPROACHES Problem of Indigeneity Human Rights Concerns: Lack of Due Process Elite Control V. CONCLUSION 4: Timor-Leste and Transitional Justice: Should We Pursue International Prosecutions for the Crimes Committed in East Timor in 1999? I. BACKGROUND II. TRANSITIONAL JUSTICE INSTRUMENTS IN TIMOR-LESTE A. Ad Hoc Tribunal for Human Rights – Jakarta, Indonesia B. Serious Crimes Process: Special Panels and the Serious Crimes Unit (SCU) C. Commission on Reception, Truth and Reconciliation (CAVR) D. The Commission for Truth and Friendship III. INTERNATIONAL TRIBUNAL OR NOT? A. One Mechanism–One Aim B. The Primary Aim of the Proposed International Tribunal for Timor-Leste C. A Tribunal No One Wants? 5: Justice after War: Economic Actors, Economic Crimes, and the Moral Imperative for Accountability after War I. INTRODUCTION II. THE PEACE AND JUSTICE/ECONOMICS DIVIDE War Crimes Trials Truth and Reconciliation Commissions Transitional Justice III. ECONOMIC CAUSES AND ACTORS IN WAR Natural Resources and War The Liberian Truth and Reconciliation Commission IV. JUS POST BELLUM AND ACCOUNTABILITY FOR ECONOMIC CRIMES/CRIMINALS Restitution and Reparations Equality and Legitimacy A Durable Peace V. CONCLUSION 6: Child Soldiers, Transitional Justice, and the Architecture of Post Bellum Settlements I. CHILD SOLDIERS AND ACCOUNTABILITY FOR ATROCITY: ASCENDANT APPROACHES (A) Truth and Reconciliation Commissions (B) Endogenous Restoration and Reintegration Mechanisms II. A NEED TO INQUIRE AND FOR FURTHER INQUIRY III. CONCLUSION 7: Our Soldiers, Right or Wrong: The Post-war Treatment of Troops THE STATUS OF “UNJUST WARRIORS” THE FEASIBILITY AND MORALITY OF REFUSAL "FINISHED WITH THE WAR: A Soldier's Declaration" UNCONDITIONAL SUPPORT OF “OUR BRAVE TROOPS” — FOUR EXPLANATIONS A COMPARISON WITH HONOURING WAR DEAD 8: Democratization and Just Cause I. THE EXPANDED CONCEPTION OF JUST CAUSE II. DEMOCRATIZATION AS A JUST CAUSE III. SOME FURTHER DETAILS 9: Skepticism about Jus Post Bellum 1. INTRODUCTION 2. COMPENSATION 3. PUNISHMENT 4. RECONSTRUCTION AND INSTITUTIONAL COLLAPSE 5. THE GROUNDS AND CONTENT OF POST BELLUM DUTIES 6. CONCLUSION 10: Law and the Jus Post Bellum: Counseling Caution INTRODUCTION WHAT IS JUS POST BELLUM? JUS POST BELLUM: HISTORICALLY DEFENSIBLE? A NEW JUS POST BELLUM? The Existing Legal Framework: Broken Beyond Repair? Is Jus Post Bellum the Answer? DEFINITIONAL DIFFICULTIES JUST WAR, SOVEREIGN EQUALITY, AND (NEO)COLONIALISM CONCLUSION Conclusion Bibliographical Resources for Jus Post Bellum Index