Ethics, Authority, and War Non-State Actors and the Just War Traditi

In original essays written by both senior scholars as well as rising younger scholars in the field of international ethics, this volume addresses the ethics of war in an era when non-state actors are playing an increasingly prominent role in armed conflic

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Also by Eric A. Heinze Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention

Also by Brent J. Steele Ontological Security in International Relations: Self-Identity and the IR State Defacing Power: The Aesthetics of Insecurity in Global Politics

Ethics, Authority, and War Non-state Actors and the Just War Tradition

Edited by

Eric A. Heinze and Brent J. Steele

ethics, authority, and war Copyright © Eric A. Heinze and Brent J. Steele, 2009 Softcover reprint of the hardcover 1st edition 2009 978-0-230-61674-5 All rights reserved. First published in 2009 by PALGRAVE MACMILLAN® in the United States - a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the World, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throught the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries.

ISBN 978-1-349-38014-5 ISBN 978-0-230-10179-1 (eBook) DOI 10.1057/9780230101791 Library of Congress Cataloging-in-Publication Data Ethics, authority, and war : non-state actors and the just war tradition / edited by Eric A. Heinze and Brent J. Steele. p. cm. 1. International relations—Moral and ethical aspects. 2. Just war doctrine. 3. Humanitarian intervention—Moral and ethical aspects. I. Heinze, Eric. II. Steele, Brent J. JZ1306.E878 2009 2009012782 172 .42—dc22 Design by Integra Software Services First edition: December 2009 10 9 8 7 6 5 4 3 2 1

Contents

List of Tables

vii

Preface and Acknowledgments

ix

Notes on Contributors 1 Introduction: Non-state Actors and the Just War Tradition Eric A. Heinze and Brent J. Steele

xiii 1

2 From Versailles to 9/11: Non-state Actors and Just War in the Twentieth Century Cian O’Driscoll

21

3 Authority and the Problem of Non-state Actors Anthony F. Lang, Jr.

47

4 What Happened to Punishment in the Just War Tradition? Harry D. Gould

73

5 War Crimes Trials and the Just War Tradition Michael J. Struett

101

6 Private Military Companies, Just War, and Humanitarian Intervention Eric A. Heinze

123

7 Gender, Just War, and Non-state Actors Laura Sjoberg

151

8 “Justice is Conscience”: Hizbollah, Israel, and the Perversity of Just War Brent J. Steele and Jacque L. Amoureux

177

9 Jus Post Bellum, Peacebuilding, and Non-state Actors: Lessons from Afghanistan Melissa Labonte

205

vi

CONTENTS

10 Conclusion: Elusive Distinctions, Epochal Changes Nicholas Onuf

239

Bibliography

253

Index

277

List of Tables

9.1 A Compilation of Emergent Principles of Jus Post Bellum 9.2 Jus Post Bellum Goals and Corresponding Peacebuilding Modalities

211 216

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Preface and Acknowledgments

The idea for this book came about from a conference panel that