Suchergebnisse

The question of whether specific universal moral principles are sufficient to sustain a form of nationalism that condemns war crimes & collective wrongdoing is addressed. Nationalism is criticized for demanding citizens' loyalty to a particular political program, regardless of that system's infliction of discrimination or suffering upon certain groups. Consequently, a notion of nationalism founded on the principles of moral universalism is advocated because it necessitates condemnation of war crimes & collective wrongdoing. Moreover, a universalist nationalism can facilitate minority groups' pursuit of self-respect & political interests while encouraging nationalists to engage in cosmopolitan projects. Conversely, an understanding of nationalism that rests on the foundation of humane particularism is rejected because its conception of equality is arbitrary & prompts nationalist groups to realize their self-interests above those of minority groups. People who advocate a humane particularist nationalism are urged to adopt a universalist nationalist perspective. J. W. Parker

The issue of whether war crimes should be considered as a moral, legal, or political category is addressed. It is initially contended that only "crimes against peace" should be considered war crimes since other traditional categories of war crimes (eg, violations of human rights) remain criminal in nature outside the context of war. Moreover, it is claimed that crimes against peace possess specific moral & legal difficulties since defeated parties are generally labeled war criminals. The tendency to equate military success in war with absolution from blame is subsequently questioned on moral & legal grounds; specifically, it is argued that prosecuting those who achieve military victory may infringe on a state's universal right to self-defense. Moreover, the capacity to bring charges of war crimes against parties regardless of the outcome of war is deemed problematic since such reasoning suggests that certain entities have a right to victory during war. Consequently, it is maintained that only aggressor states that are defeated during war can legitimately be prosecuted. It is concluded that prosecutions of parties accused of committing war crimes ultimately constitutes a political act. J. W. Parker

Various notions of virtue ethics are used to create a framework for analyzing the ethics of war crimes. Although Aristotle's understanding of virtue ethics is deemed inadequate for such a project because it emphasizes what individuals deserve for committing such violations, Francis Hutcheson's & David Hume's moral sentimentalist perspectives are perceived as providing a more agent-based ethical perspective. In addition, Friedrich Nietzsche's notion of inner strength is viewed as offering an agent-based understanding of virtue ethics. Specifically, Nietzsche's notion of inner strength implies that powerful nations will not seek retribution against other countries that launch unsuccessful attacks. Despite the potential of Nietzsche's virtue ethics, it is suggested that a moral sentimentalist perspective is better suited to explicate why defender nations would not seek vengeance against aggressor countries. J. W. Parker

The issue of whether morally unjustifiable means (ie, war crimes) can be used by state military forces to accomplish morally justifiable ends in times of war is contemplated. It is contended that human rights impose certain constraints on the means & ends of wartime behavior. Consequently, crimes that violate human rights committed against aggressor forces are deemed morally permissible since the perpetrators were attempting to violate the human rights of the defenders. However, two categories of war crimes that essentially violate human rights are identified: actions in which (1) aggressor states attempt to dominate other groups for purposes of self-aggrandizement regardless of such groups' human rights & (2) military forces inflict unnecessary injury (eg, rape & torture) on subjugated groups. It is claimed that justifiable ends realized through the use of unjustifiable means cannot be morally legitimized. It is concluded that international law has a moral responsibility to establish guidelines for preventing & punishing violations of human rights during times of war. J. W. Parker

The nature of transnational crime & corruption, particularly in the Asia-Pacific region, is studied. Changes in the international order in the 1990s have opened up avenues that make it easier to commit transnational crimes with deleterious effects on economies & security. Modernization processes increase the incidence of corruption, crony capitalism, & nepotism, & corruption in turn facilitates crime. As organized crime groups develop more sophistication & globalization, regional law enforcement will only be able to contain them if specialists are trained & regional cooperation in criminal matters is encouraged. The recent responses of the UN (eg, the UN Convention against Transnational Organized Crime) & nations of the Asia Pacific region to thwart crime & corruption are discussed. M. Pflum

The Clinton administration was an early supporter of a permanent court to try individuals accused of war crimes, crimes against humanity, & genocide. When control over the court's agenda was not assigned to the UN Security Council, the U.S. position changed from support to opposition. Now that the International Criminal Court has been created, it stands as a continuing example of the unilateralism that critics say characterizes US. foreign policy. In light of the broad international support for the court, continuing U.S. opposition to it raises questions about the United States' commitment to the rule of international law.

Discusses four contexts or "moments" wherein cosmopolitanism took purchase to expose the limits & potential of some currently relevant cosmopolitan ideas/ideals & practices. Detailed are Zeno's moment in antiquity, Kant's moment circa the French Revolution, Arendt's moment in light of Nazism & Stalinism & the notion of crimes against humanity, & Nussbaum's moment related to educational reform & as exemplary of late North American thought. Following their explication, brief comments are offered. In connection to Zeno's moment, issues of political community are touched on. For Kant's moment, three related problems of his philosophy of history & metaphysics of justice are addressed. A sense of disembodiment is apparent in Arendt's moment & her treatment of cosmopolitan law in relation to crimes against humanity. In Nussbaum's moment, the paradox that states, via the educational system, employed strong ideologies of assimilation & integration with immigrants is recognized. In this light, it is suggested that cosmopolitanism cannot provide the one solution to problems related to nationalism, racism, ethnic conflict, or religious fundamentalism; however, in reflecting on these moments, the moral requirement for a cosmopolitanism is evident & a call is made for cautious advance. J. Zendejas

Discusses four contexts or "moments" wherein cosmopolitanism took purchase to expose the limits & potential of some currently relevant cosmopolitan ideas/ideals & practices. Detailed are Zeno's moment in antiquity, Kant's moment circa the French Revolution, Arendt's moment in light of Nazism & Stalinism & the notion of crimes against humanity, & Nussbaum's moment related to educational reform & as exemplary of late North American thought. Following their explication, brief comments are offered. In connection to Zeno's moment, issues of political community are touched on. For Kant's moment, three related problems of his philosophy of history & metaphysics of justice are addressed. A sense of disembodiment is apparent in Arendt's moment & her treatment of cosmopolitan law in relation to crimes against humanity. In Nussbaum's moment, the paradox that states, via the educational system, employed strong ideologies of assimilation & integration with immigrants is recognized. In this light, it is suggested that cosmopolitanism cannot provide the one solution to problems related to nationalism, racism, ethnic conflict, or religious fundamentalism; however, in reflecting on these moments, the moral requirement for a cosmopolitanism is evident & a call is made for cautious advance. J. Zendejas

"The chapter provides an overview of the EU's policy towards the International Criminal Court (ICC). Also, the EU's policy and support towards the ICC will be compared and contrasted to that of the USA. Given that the Bush administration was severely against the ICC, the author argues that the EU has engaged in 'normative binding' in its global campaign for the ratification of the Roman Statute. An international system based on restrictive norms is significant for the EU in order to be able to increase its power. Since it cannot compete with the US on military terms the ICC provides the EU with a framework to oppose unilateralist US policies. Involving the US into this 'normative binding' may increase the EU's soft power and thus its promotion of international legal institutions has implications for the international system." (author's abstract)

An introduction to a forum, "World War II Crimes against Jews in Austria and Their Prosecution in Austrian Courts after the War," notes that the three contributions go beyond discussing war crimes committed by Austrians to look at the difficult transition to peace & reestablishment of the rule of law. They emphasize that the expropriation of Jewish property through "Aryanization," & the forced emigration of Jews, encouraged anti-Jewish policies in Austria, & contributed significantly to the Final Solution. It is noted that "Aryanization" was a uniquely Austrian contribution to radical Nazi policies that moved from "wild Aryanizations" to "legal Aryanizations" & the "ghettoization" of Jews in Vienna. The literature on the persecution of Jews in Austria is reviewed, & attention is called to postwar court records recently revealed as a valuable source of research on Austrian perpetrators. The information has encouraged a new generation of scholarly inquiry into Austria's involvement in Nazi cruelties. J. Lindroth

"This paper first examines the role of the International Criminal Tribunal for Rwanda (ICTR) and Gacaca Courts in national reconciliation in Rwanda. Second, the paper applies the discussion in the Cambodia context and argues that like the ICTR, the proposed criminal tribunal for Cambodia is insufficient for reconciliation. If reconciliation is to sustain, a Cambodian Truth Commission has to set up to be utilised in conjunction with the tribunal. Restorative and transformative justice initiatives are effective at demolishing complicity and can play a valuable part in the reconciliation process. But this paper runs counter to the international legal community's embrace of the punitive criminal justice model as the preferred and often exclusive way to deal with perpetrators of genocidal violence and crime against humanity." (author's abstract)

Explores the hegemonic liberalism of feminist Susan Moller Okin who sees the family as the center of the gender structure & claims a gender-free society rests on the development of genderless families. Her attempt to reveal the feminist potential in Rawls is examined, & it is contended that she fails to demonstrate that his liberal political principles of justice mandate the abolition of gender. Okin argues that children can only develop a healthy sense of justice if families teach them about justice by both "precept & example." Her recent work, Is Multiculturalism Bad for Women? (1999), suggests that almost any governmental interference in families & religious communities is justified in order to teach children to value autonomy & alternative ways of life. Okin emphasizes how "culture" is used as an excuse to commit crimes against women & children. It is concluded that her analysis of how culture, institutions, & religion distribute power makes her closer to radical feminism than is generally acknowledged. J. Lindroth

The relationship between the notion of collective responsibility & Thomas Nagel's (1979) concept of moral luck is explored to determine how these concepts can contribute to the realization of reconciliation in cases of collective wrongdoing. After demonstrating the existence of collective responsibility that is not reducible to individual culpability within contemporary thought, Nagel's notion of moral luck is discussed, emphasizing its applicability to determining accountability for wartime atrocities. It is asserted that the highly irrational nature of moral luck ultimately vindicates collective responsibility's capacity to hold all individuals responsible without necessarily placing direct blame on any single person. The extent to which collective responsibility can genuinely resolve relations between offending & victimized groups is then contemplated. Rather than seek punishment against every member of the offending group, it is stated that collective responsibility demands a reconciliatory act (eg, an apology or plea for forgiveness) from the criminal group. It is concluded that acknowledging collective responsibility & remorse for war crimes provides a moral approach to achieving reconciliation. J. W. Parker

Describes the crimes committed against Hungarian Jews forced to work as laborers in Austria from the summer of 1945 until the end of WWII & subsequent trials of the Austrian perpetrators. It is contended that most defendants either pleaded not guilty or, when evidence against them was overwhelming, argued that they were required to follow orders. Trials conducted in the Austrian people's courts & the British courts are examined, maintaining they are an excellent source of information regarding the fate of the Hungarian Jewish slave laborers in Austria. A comparison of Austrian & Anglo-American criminal & procedural law, & their applications, shows that numerous Austrian perpetrators received severe sentences during the first years following the end of the war; however, verdicts & sentences in both courts became more lenient with the passage of time. Special attention is given to scandalous acquittals by grand juries during the 1960s. It is contended that the trials reflect the increasing repression of the war crimes of Austrian Nazi perpetrators in postwar Austria. J. Lindroth