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Arcs of Global JusticeEssays in Honour of William A. Schabas$
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Margaret M. deGuzman and Diane Marie Amann

Print publication date: 2018

Print ISBN-13: 9780190272654

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190272654.001.0001

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The Arc toward Justice and Peace

The Arc toward Justice and Peace

Chapter:
(p.467) 23 The Arc toward Justice and Peace
Source:
Arcs of Global Justice
Author(s):

Mary Ellen O’Connell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190272654.003.0024

William Schabas courageously declared that peace is a human right at a time when prominent human rights advocates have called for the use of military force in the support of human rights. This chapter in his honour supports his position. Human rights law and the law of peace are aligned; both are essential to the flourishing of humanity and the natural world. The chapter seeks a reversal of the trend that accepts killing in the name of human rights as morally justified and possibly even lawful. Following Schabas, the argument here is for greater understanding of the interconnected and mutually reinforcing nature of general international law, especially the law of peace, and human rights law. Humanity needs peace for human rights to flourish, and the world needs the robust rule of law for peace.

Keywords:   right to peace, prohibition on force, right to life, militarism, UN Charter Article 2(4), humanitarian intervention, use of force, legal presumption

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