Mark Osiel

End of Reciprocity (eBook, PDF)

Terror, Torture, and the Law of War

• Format: PDF

Produktbeschreibung

Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 9. März 2009
• Englisch
• ISBN-13: 9780511512483
• Artikelnr.: 38214681

Autorenporträt

Mark Osiel has written five books on the law of war, most recently Trying Tyrants: Making Sense of Mass Atrocity (Cambridge University Press, 2008) and Mass Atrocity, Ordinary Evil, and Hannah Arendt: Criminal Consciousness in Argentina's Dirty War (2002). He has lectured at the International Criminal Tribunal for the former Yugoslavia and advised on the prosecution of General Augusto Pinochet and the perpetrators of the Rwandan genocide. He regularly consults to international organizations and governments in post-conflict societies on issues of transitional justice. Osiel has been a Visiting Fellow at Cambridge University, Harvard's Kennedy School of Government, the London School of Economics, and universities in Argentina, Brazil, France, and India. He teaches law at the University of Iowa.

Inhaltsangabe

Introduction; Part I. Reciprocity in Humanitarian Law: 1. Reciprocity in
the law of war: ambient sightings, ambivalent soundings; 2. Reciprocity in
humanitarian law: acceptance and repudiation; 3. Humanitarian vs. human
rights law: the coming clash; Part II. The Ethics of Torture as
Reciprocity: 4. Is torture uniquely degrading? The unpersuasive answer of
liberal jurisprudence; 5. Fairness in terrorist war (1): Rawlsian
reciprocity; 6. Fairness in terrorist war (2): Kantian reciprocity; 7.
Humanitarian law as corrective justice: do targeted killing and torture
'correct' for terror?; Part III. Reciprocity in the Social Science of War:
8. Reciprocity as civilization: the terrorist as savage; 9. The
inflationary rhetoric of terrorist threat: humanitarian law as deflationary
check; 10. Reciprocity as tit-for-tat: rational retaliation in modern war;
11. The 'gift' of humanitarianism: soft power and benevolent signaling;
Part IV. The End of Reciprocity: 12. Sources of national restraint in
martial honor: the JAGs' intercession; 13. Sources of anti-reciprocity in
national self-respect and transnational identity; Conclusion.