Just Post Bellum: The Importance of War Crimes Trials
Abstract
Declining to do full justice for those who have been most grievously wronged by aggression, whether from without or within their national borders, leads to the perpetration of further moral injustice on both the victims of war crimes and on innocents among the criminals' countrymen, ethnic group, or co-religionists. In the case of the victims of atrocities sweeping these injustices under a thick dusty rug of history whether to keep a fragile peace or in a foredoomed effort at reconciliation only continues their abusive treatment as nonpersons who do not even register on the radar screen of international justice. Given no legitimate forum where their justified moral outrage is vented on the criminals most responsible for their suffering victims too often become victimizers taking out their anger and frustration indiscriminately and disproportionately on anyone who looks sounds or smells like their abusers without benefit of trial If we do nothing to prevent such illegal and immoral outcomes to Just War, then the natural and foreseeable consequences that follow from warfare may negate its justness as much as if it had been unjustly declared or unjustly waged. The crux of my argument is that there is a third pillar to Just War, which I will call "jus post bellum" or justice in the wake of war, that should be considered along with jus ad bellum and jus in bello, so that the resulting tripod may support a more stable just peace.
Document Details
- Document Type
- Technical Report
- Publication Date
- Nov 01, 2002
- Accession Number
- ADA408207
Entities
People
- Davida E. Kellogg
Organizations
- United States Army War College