front cover of Arguing the Just War in Islam
Arguing the Just War in Islam
John Kelsay
Harvard University Press, 2007

Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world.

John Kelsay's timely and important work focuses on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition.

Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace.

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front cover of Ethics, Nationalism, and Just War
Ethics, Nationalism, and Just War
Medieval and Contemporary Perspectives
Henrik Syse
Catholic University of America Press, 2007
The book covers a wide range of topics and raises issues rarely touched on in the ethics-of-war literature, such as environmental concerns and the responsibility of bystanders.
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Just War
Authority, Tradition, and Practice
Anthony F. Lang Jr., Cian O'Driscoll, and John Williams, Editors
Georgetown University Press, 2013

The just war tradition is central to the practice of international relations, in questions of war, peace, and the conduct of war in the contemporary world, but surprisingly few scholars have questioned the authority of the tradition as a source of moral guidance for modern statecraft. Just War: Authority, Tradition, and Practice brings together many of the most important contemporary writers on just war to consider questions of authority surrounding the just war tradition.

Authority is critical in two key senses. First, it is central to framing the ethical debate about the justice or injustice of war, raising questions about the universality of just war and the tradition’s relationship to religion, law, and democracy. Second, who has the legitimate authority to make just-war claims and declare and prosecute war? Such authority has traditionally been located in the sovereign state, but non-state and supra-state claims to legitimate authority have become increasingly important over the last twenty years as the just war tradition has been used to think about multilateral military operations, terrorism, guerrilla warfare, and sub-state violence. The chapters in this collection, organized around these two dimensions, offer a compelling reassessment of the authority issue’s centrality in how we can, do, and ought to think about war in contemporary global politics.

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Just War
Principles and Cases
Richard J. Regan
Catholic University of America Press, 1996

front cover of Just War, Second Edition
Just War, Second Edition
Richard J. Regan
Catholic University of America Press, 2013
Bringing just war doctrine to life, Richard J. Regan raises a host of difficult questions about the evils of war, asking first and foremost whether war is ever justified, and, if so, for what purposes? Regan considers the basic principles of just war theory and applies those principles to historical and ongoing conflicts through case studies and discussion questions. His well-received 1996 work is updated with the addition of case studies on Iraq, Afghanistan, Libya, and Islamist terrorist organizations. Especially timely are the added discussions of the use of drones to assassinate terrorist leaders and, in the matter of weapons of mass destruction, asking how certain is "certain enough" that a country has weapons of mass destruction before it can be justly attacked? Regan considers the roles of the president, Congress, and the U.N. Security Council in determining when long-term U.S. military involvement is justified.
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Reflections on Just War
Bat-Ami Bar On
Temple University Press, 2016

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The Transfiguring Sword
The Just War of the Women's Social and Political Union
Cheryl R. Jorgensen-Earp
University of Alabama Press, 1997

Provides a new understanding of the recurrent rhetorical need to employ conservative rhetoric in support of a radical cause

The Women’s Social and Political Union, the militant branch of the English women’s suffrage movement, turned to arson, bombing, and widespread property destruction as a strategy to achieve suffrage for women. Because of its comparative rarity, terrorist violence by reform (as opposed to revolutionary) movements is underexplored, as is the discursive rhetoric that accompanies this violence. Largely because of the moral stance that drives such movements, the need to justify violence is greater for the reformist than for the revolutionary terrorist. The burden of rhetorical justification falls even more heavily on women utilizing violence, an option generally perceived as open only to men.

The militant suffragettes justified their turn to limited terrorism by arguing that their violence was part of a “just war.” Appropriating the rhetoric of a just war in defense of reformist violence allowed the suffragettes to exercise a traditional rhetorical vision for the sake of radical action. The concept of a just war allowed a spinning out of a fantasy of heroes, of a gallant band fighting against the odds. It challenged the imagination of the public to extend to women a heroic vision usually reserved for men and to accept the new expectations inherent in that vision. By incorporating the concept of a just war into their rhetoric, the WSPU leaders took the most conventional justification that Western tradition provides for the use of violence and adapted it to meet their unique circumstance as women using violence for political reform.

This study challenges the common view that the suffragettes’ use of military metaphors, their vilification of the government, and their violent attacks on property were signs of hysteria and self-destruction. Instead, what emerges is a picture of a deliberate, if controversial, strategy of violence supported by a rhetorical defense of unusual power and consistency.
 
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front cover of Walking Away from Nuremberg
Walking Away from Nuremberg
Just War and the Doctrine of Command Responsibility
Lawrence P. Rockwood
University of Massachusetts Press, 2007
In September 1994, Lawrence P. Rockwood, then a counterintelligence officer with the U.S. Army's Tenth Mountain Division, was deployed to Haiti as part of Operation Restore Democracy, the American-led mission to oust the regime of Raoul Cedras and reinstall President Jean-Bertrand Aristide. Shortly after arriving in-country, Captain Rockwood began receiving reports of human rights abuses at the local jails, including the murder of political prisoners. He appealed to his superiors for permission to take action but was repeatedly turned down. Eventually, after filing a formal complaint with an army inspector general, he set off to inspect the jails on his own. The next day, Captain Rockwood found himself on a plane headed back to the United States, where he was tried by court-martial, convicted on several counts, and discharged from military service. In this book, Rockwood places his own experience within the broader context of the American military doctrine of "command responsibility"—the set of rules that holds individual officers directly responsible for the commission of war crimes under their authority. He traces the evolution of this doctrine from the Civil War, where its principles were first articulated as the "Lieber Code," through the Nuremberg trials following World War II, where they were reaffirmed and applied, to the present. Rockwood shows how in the past half-century the United States has gradually abandoned its commitment to these standards, culminating in recent Bush administration initiatives that in effect would shield American commanders and officials from prosecution for many war crimes. The Abu Ghraib and Guantánamo prison abuse scandals, the recently disclosed illegal CIA detention centers, the unprecedented policy of tolerating acts considered as torture by both international standards and U.S. military doctrine, and the recent cover-ups of such combat-related war crimes as the Haditha massacre of November 2005, all reflect an "official anti-humanitarian" trend, Rockwood argues, that is at odds with our nation's traditions and principles.
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