- The Oxford Handbook of Ethics of War
- The Ethics of War
- Method in the Morality of War
- The Just War Framework
- Historiography of Just War Theory
- Deep Morality and the Laws of War
- The Ethics of War up to Thomas Aquinas
- Late Scholastic Just War Theory
- Early Modern Sources of the Regular War Tradition
- A Richer <i>Jus ad Bellum</i>
- Knowing When Not to Fight
- National Defence and Political Independence
- Humanitarian Intervention and the Modern State System
- Territorial Rights and National Defence
- Last Resort and Proportionality
- Legitimate Authority in War
- Civil War and Revolution
- The Moral Equality of Combatants
- Noncombatant Immunity and War-Profiteering
- Human Shields
- Dimensions of Intentions: Ways of Killing in War
- Proportionality and Necessity in <i>Jus in Bello</i>
- Torture: Rescue, Prevention, and Punishment
- Drones and Robots: On the Changing Practice of Warfare
- Ending Wars
- War’s Aftermath and the Ethics of War
- Justice After War
- Reconciliation and Reparations
Abstract and Keywords
After the conclusion of hostilities, whether formal armed conflict or not, parties must be held to account for their behaviour. This sentiment is almost universally shared, regardless of one’s moral or ethical framework, although the specifics of this accounting are deeply controversial and contested. In Section 2 of this brief commentary, the chapter offers a normative foundation for justice after war that appeal to the anti-impunity norm. It concludes that criminal trials, as opposed to nonpenal mechanisms, best vindicate the anti-impunity norm. In light of this conclusion, Section 3 asks how we should achieve justice after war: who should be put on trial (leaders or foot soldiers), who should prosecute them (national or international courts), which crimes they should be charged with (domestic or international crimes), which procedures should govern the trials, and how (and why) they should be punished.
Jens David Ohlin is a Professor at Cornell Law School, specializing in international law, criminal law, and the laws of war. His latest book is The Assault on International Law (Oxford University Press, 2015).
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