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Just War and Human Rights: Fighting with Right Intention

Book
Todd Burkhardt
2017
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summary
Warfare in the twenty-first century presents significant challenges to the modern state. Serious questions have arisen about the use of drones, target selection, civilian exposure to harm, intervening for humanitarian reasons, and war as a means of forcing regime change. In Just War and Human Rights Todd Burkhardt argues that updating the laws of war and reforming just war theory is needed. A twenty-year veteran of the US Army, Burkhardt claims that war is impermissible unless it is engaged, fought, and concluded with right intention. A state must not only have a just cause and limit its war-making activity in order to vindicate the just cause, but it must also seek to vindicate its just cause in a way that yields a just and lasting peace. A just and lasting peace is motivated by the just war tenet of right intention and predicated on the realization of human rights. Therefore, human rights should not only dictate how a state treats its own people but also how a state treats the people of other countries, insulating them and protecting innocent civilians from the harms of war.

Table of Contents

Cover

Half Title Page

Title Page

pp. iii

Copyright

pp. iv

Dedication

pp. v

Contents

pp. vii-viii

Preface

pp. ix-x

Acknowledgments

pp. xi

Introduction

pp. 1-8

Chapter 1. Right Intention and a Just and Lasting Peace

pp. 9-40

Chapter 2. Reasonable Chance of Success: Analyzing Postwar Requirements in the Ad Bellum Phase

pp. 41-58

Chapter 3. Post Bellum Obligations of Noncombatant Immunity

pp. 59-84

Chapter 4. Negative and Positive Corresponding Duties of the Responsibility to Protect

pp. 85-126

Chapter 5. Justified Drone Strikes are Predicated on Responsibility to Protect Norms

pp. 127-144

Chapter 6. Updating the Fourth Geneva Convention

pp. 145-164

Conclusion

pp. 165-169

Notes

pp. 169-194

Bibliography

pp. 195-204

Index

pp. 205-208

Vita

pp. 209

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