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Humanity's Law$
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Ruti G. Teitel

Print publication date: 2011

Print ISBN-13: 9780195370911

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780195370911.001.0001

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Peacemaking, Punishment, and the Justice of War

Peacemaking, Punishment, and the Justice of War

The Humanity Law Framework and the Turn to International Criminal Justice

Chapter:
Chapter 4 (p.73) Peacemaking, Punishment, and the Justice of War
Source:
Humanity's Law
Author(s):

Ruti Teitel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195370911.003.0004

This chapter explains how humanity law frames the use of force, and explains its legitimacy through the lens of crime and punishment. It discusses the uses of tribunals convened in the midst of ethnic and political conflict. It also notes that humanity law differs sharply from international humanitarian law in that it includes the serious but undefined offense of “aggression”— which could give the International Criminal Court authority extending beyond a conflict's formal end. This chapter also evaluates the relationship between the uses of punishment and the use of military force, as means of protecting humanity rights. It looks to the rise of international criminal justice as a means of enforcement of humanity rights, and then turns to recent foreign policy reflecting a return to the concept of the “just war”—but one that occurs against the present context of legalism and judicialization. In current military interventions, the author notes, traditional national security is being reconceived in terms of human security. This chapter explores the relationship of the classic approach to the waging of war to the newer just war logic, and suggests that recognition of this tension might clarify the difficulties of military engagements such as Afghanistan and Iraq.

Keywords:   military, humanity, war, aggression, judicial, force, justice

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