Every military expedition by the West now dons the mantle of human rights. What happens to international law when justice is the name of power? Examines the charade of NATO's tribunal in The Hague. Adapted from the source document.
The exigencies of intergenerational and of international justice seem to conflict. This paper discusses this problem and develops a solution to it. After criticising several alternative justifications from the literature, a fully universalistic (i.e. universalistic in the temporal as well as spatial dimension) prioritarian welfare-ethic is developed and justified on the basis of our sympathy: first a criterion of moral value is proposed, followed by a conception of moral duties, which relies on socially binding norms and requires to strive for moral efficiency (most moral value for a given effort). Finally, these ideas are applied to determining priorities between several big social agendas. It turns out that, in practice, dimensional conflicts are less prevalent than initially thought.
pt. I. What is the nature and rhetoric of terrorism? Murderers, not warriors: the moral distinction between terrorists and legitimate fighters in asymmetric conflicts / Shannon E. French ; The terrorism of "terrorism" / Tomis Kapitan -- pt. II. Who are the terrorists, and why do they hate? Terror and just response / Noam Chomsky ; Narratives competing for our souls / David B. Burrell ; The war against pluralism / Robert L. Phillips ; Can a Muslim be a terrorist? / Zayn Kassam -- pt. III. What is a morally justified response to terrorism? The moral response to terrorism and cosmopolitanism / Louis P. Pojman ; Envisioning a global rule of law / Daniele Archibugi and Iris Marion Young ; Making war on terrorism in response to 9/11 / Claudia Card ; Terrorism, war, and empire / Richard W. Miller ; Terrorism and international justice / James P. Sterba ; Compassion and terror / Martha C. Nussbaum
"There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory"--
When the International Criminal Court announced on March 4, 2009, that it was pressing charges of war crimes against Sudanese President Omar al-Bashir, a set of unintended consequences were thrown into motion. Al-Bashir responded by expelling thirteen of the international humanitarian aid organizations working in Sudan, as well as shutting down Khartoum's human rights organizations & human service agencies. In a country already racked by violence, poverty, & insecurity, the results were disastrous. This article looks at the legitimacy & effectiveness of the ICC in the face of such defiance & unintentional consequences. Adapted from the source document.
On March 4, 2009, Pre-Trial Chamber 1 of the International Criminal Court (ICC) announced that it was charging Sudan's president, Omar al-Bashir, with war crimes and crimes against humanity. Long anticipated, the arrest warrant was immediately used by al Bashir's National Islamic Front (NIF) regime as a pretext for expelling thirteen major international humanitarian organizations from Darfur and from other highly distressed regions of northern Sudan. In Darfur the expulsions represented over half the total humanitarian capacity. At the same time, Khartoum also shut down some of the most important Sudanese human service and human rights organizations. In all cases, the explanations offered for expulsions or shutdowns were not supported by any evidence made public. In particular, Khartoum's claim to have evidence that the aid organizations had cooperated with the ICC was patently false.