Discusses how just war theory needs to be revised to better secure and respect human rights. Warfare in the twenty-first century presents significant challenges to the modern state. Serious questions have arisen about the use of drones, target selection, civilian exposure to harm, intervening for humanitarian reasons, and war as a means of forcing regime change. In Just War and Human Rights Todd Burkhardt argues that updating the laws of war and reforming just war theory is needed. A twenty-year veteran of the US Army, Burkhardt claims that war is impermissible unless it is engaged, fought, and concluded with right intention. A state must not only have a just cause and limit its war-making activity in order to vindicate the just cause, but it must also seek to vindicate its just cause in a way that yields a just and lasting peace. A just and lasting peace is motivated by the just war tenet of right intention and predicated on the realization of human rights. Therefore, human rights should not only dictate how a state treats its own people but also how a state treats the people of other countries, insulating them and protecting innocent civilians from the harms of war.
Author(s): Todd Burkhardt
Edition: 1
Publisher: State University Of New York
Year: 2017
Language: English
Commentary: TruePDF
Pages: 224
Tags: Just War Doctrine; Responsibility To Protect (International Law); War: Protection Of Civilians; Human Rights
Cover
Half Title
Title
Copyright
Dedication
Contents
Preface
Acknowledgments
Introduction
Chapter 1. Right Intention and a Just and Lasting Peace
General Conduct Required for a Just and Lasting Peace
Public Acts
Specific Conduct Required for a Just and Lasting Peace
Human Rights
Due Care
Self-determination
Education
Totality of Conduct
Conclusion
Chapter 2. Reasonable Chance of Success: Analyzing Postwar Requirements in the Ad Bellum Phase
Empirical Case
The Victor’s Responsibility
The International Community’s Responsibility
Conclusion
Chapter 3. Post Bellum Obligations of Noncombatant Immunity
The Distinction Between Combatants and Noncombatants
Human Rights
Dual Purpose Targets
Purely Military Versus Dual Purpose Targets
Ex Post Obligation: Belligerents Should Immunize Civilians from Residual Effects
Ex Post Obligation: Belligerents Should be Responsible for Gross Miscalculations
The Difference Between Noncombatant Immunity and Human Rights
Conclusion
Chapter 4. Negative and Positive Corresponding Duties of the Responsibility to Protect
The Iciss, World Summit, and Implementing the Responsibility to Protect
Sovereignty and the Right to Nonintervention are Conditional
Intervention is Required
Physical Security Rights Take Precedence
Safeguarding Basic Rights
The International Community Should Fulfill this Duty Via the Un
The International Community has a Duty to Intervene
Reasonable Chance of Success
Last Resort
Welcome the Intervention
Stipulated Timeline
All Things Considered Proportionate
Rights of Soldiers
The Volunteering and Availability of Military Resources
If the Un Fails to Act, Individual States may Act
The Un’s Duty to Improve
Conclusion
Chapter 5. Justified Drone Strikes are Predicated on Responsibility to Protect Norms
Imminent Threat
Responsibility to Protect
Additional Necessary Conditions
Moderate Instrumental Approach
Precedent
Psychological Strain
Secrecy and Program Control
Ally Restriction
Precedent
Conclusion
Chapter 6. Updating the Fourth Geneva Convention
Revised Geneva Convention
Ad Hoc Legal Arrangements
The United Nations Postwar Obligations
Conclusion
Conclusion
Notes
Bibliography
Index
Vita
