Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.
Contents: Introduction, Howard M. Hensel; Part I Perspectives on Just
War Doctrine, International Relations, and Armed Conflict: Theocentric
natural law and just war doctrine, Howard M. Hensel; Anthropocentric natural
law and its implications for international relations and armed conflict,
Howard M. Hensel; The rejection of natural law and its implications for
international relations and armed conflict, Howard M. Hensel. Part II
International Law and the Customary Principles Underpinning the Law of Armed
Conflict: Preemption and preventive war, Gregory A. Raymond and Charles W.
Kegley Jr; The development of international humanitarian law and the
continued relevance of custom, Jean-Marie Henckaerts; The Martens clause and
military necessity, Mika Nishimura Hayashi; The principle of distinction:
beyond an obligation of customary international humanitarian law,
Jean-FranƧois Quéguiner; The principle of proportionality, A.P.V. Rogers;
Hors de combat: post-September 11 challenges to the rules, Avril McDonald;
Occupation responsibilities and constraints, Charles Garraway; Conclusion,
Howard M. Hensel; Index.
Dr Howard M. Hensel has been a Professor on the faculty of the Air War College since 1986 and currently serves as the Director of Foundations of Warfighting Strategy.
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