When the War Ended : Most Urgent Moral and Political Priorities for the Transition to Peace
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
The purpose of this study is to explore what political and ethical priorities should be in the aftermath of a war. The Russia-Ukraine war and Israel's operations against Hamas in Gaza has amplified the calls for the norms of war. In fact, the conflict between norms, state reason, and rational self-help actions reveals the duality of norms, explaining the inseparability of power. The culmination of this process ends with the victor's declaration of post-war justice. However, paradoxically, the recovery of the war victims' damages is also only achievable through post-war justice. Some argue that the restoration of victims' damages is only possible through the punishment of war crimes, and thus the victors seek to justify the war by promoting reconciliation to avoid this. However, this paper argues that post-war justice is rather established by the coexistence of punishment and reconciliation. This research is significant in that it considers the fragments of envisioning a just peace after the war while the war is still ongoing. Additionally, discussing post-war justice rather than the legitimacy of current wars adds to the study's contributions.
Abstract
The purpose of this study is to explore what political and ethical priorities should be in the aftermath of a war. The Russia-Ukraine war and Israel's operations against Hamas in Gaza has amplified the calls for the norms of war. In fact, the conflict between norms, state reason, and rational self-help actions reveals the duality of norms, explaining the inseparability of power. The culmination of this process ends with the victor's declaration of post-war justice. However, paradoxically, the recovery of the war victims' damages is also only achievable through post-war justice. Some argue that the restoration of victims' damages is only possible through the punishment of war crimes, and thus the victors seek to justify the war by promoting reconciliation to avoid this. However, this paper argues that post-war justice is rather established by the coexistence of punishment and reconciliation. This research is significant in that it considers the fragments of envisioning a just peace after the war while the war is still ongoing. Additionally, discussing post-war justice rather than the legitimacy of current wars adds to the study's contributions.
참고문헌 (49)
- Aquinas, Thomas, "Summa Theologiae" (1916), Burns Oates & Washbourne Ltd
- Aristotle, "The Politics" (1981), Penguin Books
- Barkan, Elazar, "Restitution and Amending Historical Injustices in International Morality" (2003), Rowman & Littlefield Publishers
- Bass, Gary Jonathan, "Stay the Hand of Vengeance : The Politics of War Crimes Tribunals" (2000), Princeton University Press
- Boraine, Alex, "Truth and Reconciliation in South Africa : The Third Way" (2010), Princeton University Press
- Buruma, Ian, "The Wages of Guilt : Memories of War in Germany and Japan" (2009), Atlantic Books
- Carr, Edward, "The Twenty Years' Crisis, 1919-1939: an Introduction to the Study of International Relations" (1946), Macmillan and co., limited
- Chomsky, Noam, "Failed States : The Abuse of Power and the Assault on Democracy" (2007), Macmillan
- Clark, Janine, "The Three Rs: Retributive Justice, Restorative Justice, and Reconciliation", Contemporary Justice Review, 11(4), pp.331~350 (2008)
- Clark, Philip, "Establishing a Conceptual Framework: Six Key Transitional Justice Themes" (2009), Columbia University Press
- Clark, Philip, "After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond" (2008), Columbia University Press
- Cole, Catherine, "Performance, Transitional Justice, and the Law: South Africa's Truth and Reconciliation Commission", Theatre Journal, 59(2), pp.167~187 (2007)
- Daly, Erin, "Reconciliation in Divided Societies : Finding Common Ground" (2007), University of Pennsylvania Press
- Elshtain, Bethk, "Just War Theory", pp.323~333 (2000), New York University Press
- Fotion, Nicholas, "Just War Theory: A Reappraisal", pp.15~33 (2000), Rowman & Littlefield
- Goldstein, Joshua, "War and Gender: How Gender Shapes the War System and Vice Versa" (2003), Cambridge University Press
- Govier, Trudy, "War", pp.229~248 (2008), Cambridge University Press
- Gray, David, "What's So Special About Transitional Justice? Prolegomenon for an Excuse-Centered Approach to Transitional Justice", Proceedings of the Annual Meeting (American Society of International Law), pp.147~150 (2006), JSTOR
- Habermas, Jürgen, "Time of Transitions" (2006), Polity
- Hart, Abbott, "Strategy: The Indirect Approach" (1967), Faber
- Hayner, Priscilla, "Unspeakable Truths: Facing the Challenge of Truth Commissions" (2002), Routledge
- Kiss, Elizabeth, "Moral Ambition within and Beyond Political Constraints: Reflections on Restorative Justice" (2010), Princeton University Press
- Markel, Dan, "The Justice of Amnesty? Towards a Theory of Retributivism in Recovering States", University of Toronto Law Journal, 49(3), pp.389~445 (1999)
- Minow, Martha, "Between Vengeance and Forgiveness:Facing History after Genocide and Mass Violence" (1998), Beacon Press
- Orend, Brian, "Terminating Wars and Establishing Global Governance", Can. JL & Jurisprudence, 12, pp.253~295 (1999)
- Orend, Brian, "Jus Post Bellum", Journal of Social Philosophy, 31(1), pp.117~137 (2000)
- Orend, Brian, "Michael Walzer on Resorting to Force", Canadian Journal of Political Science, 2000, pp.33(3), 523~547
- Orend, Brian, "War and International Justice: A Kantian Perspective" (2000), Wilfrid Laurier University Press
- Orend, Brian, "Justice after War", Ethics & International Affairs, 16(1), pp.43~56 (2002)
- Ramsey, Paul, "War and the Christian conscience: how shall modern war be conducted justly?" (1961), Duke University Press
- Ramsey, Paul, "The Just War: Force and Political Responsibility" (2002), Rowman & Littlefield
- Peach, Lucinda, "An Alternative to Pacifism? Feminism and Just‐War Theory", Hypatia, 9(2), pp.152~172 (1994)
- Rotberg, Robert, "Truth vs. Justice:The Morality of Truth Commissions: The Morality of Truth Commissions" (2010), Princeton University Press
- Sanders, Andrew, "Criminal Justice" (2010), Oxford University Press
- Schuck, Michael, "When the Shooting Stops: Missing Elements in Just War Theory", Christian Century, 111(30), pp.982~984 (1994)
- Shapland, Joanna, "Restorative Justice and Criminal Justice : Just Responses to Crime?" (2003), Hart Pub
- Sharqieh, Ibrahim, "Reconstructing Libya : Stability National Reconciliation" (2013), Brookings
- Sivard, Ruth Leger, "World Military and Social Expenditures" (1996), World Priorities
- Smith, Dan, "The Penguin Atlas of War and Peace" (2003), Penguin Books
- Stedman, Stephen John, "The New Interventionists", Foreign Affairs, 72(1), pp.1~16 (1992)
- Teitel, Ruti, "How Are the New Democracies of the Southern Cone Dealing with the Legacy of Past Human Rights Abuses", Transitional Justice: How Emerging Democracies Reckon with Former Regimes, 1, pp.146~153 (1995)
- Teitel, Ruti, "Transitional Justice" (2002), Oxford University Press
- Thoms, Oskar, "State-Level Effects of Transitional Justice : What Do We Know", International Journal of Transitional Justice, 4(3), pp.329~354 (2010)
- Human Right Report 1 July to 31 August 2006, "UNAMI, United Nations Assistance Mission for Iraq", United Nations Human Rights, ~ (2006)
- Walzer, Michael, "Just and Unjust Wars: A Moral Argument with Historical Illustrations" (1977), Basic Books
- Walzer, Michael, "The Politics of Rescue", SOCIAL RESEARCH: NEW YORK, 62(1), pp.53~66 (1995)
- Walzer, Michael, "Arguing About War" (2004), Yale University Press
- Weiss, Thomas, "The United Nations and Changing World Politics" (1994), Westview Press Boulder
- Williams, Robert E., "Jus Post Bellum:Just War Theory and the Principles of Just Peace", International Studies Perspectives, 7(4), pp.309~320 (2006)