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Full Description
There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights.
Contents
Acknowledgements; Introduction; 1. The evolution of civilian immunity and the right to life; 2. Just war theory's restrictive orientation; 3. The positive duty to alleviate civilian suffering; 4. Efforts to excuse civilian suffering; 5. The principle of restorative care; 6. The principle of recompense; 7. Reconciling the positive and negative duties; 8. Positive duties under international law; Conclusion; Works cited; Index.
