PHILOS 3P03 Lecture Notes - Lecture 6: Just War Theory, Post Bellum, Future Wars
14 Mar 2016
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Lecture 6 just war theory: jus post bellum (part 2) Jab and rights vindication core intuition: defeated aggressor must be rendered worse off than prior to the start of war- Orend 201 retributivist thinks there is something that makes punishment appropriate. Deterrence atonement: recognize they did something wrong, feel regret respect for victim. Overlapping consensus compensation: aggressor needs to compensate the victorious defending state for damages imposed sanctions: beyond compensation for damages caused assumption of government prohibited. Compensation aggressor imposed cost on victim compensation to cover costs imposed governed by discrimination cannot unduly punish civilians go after responsible parties. Proportionality: if it makes it difficult for the regime to continue than it has gone too far. Punitive: make aggressor worse off beyond merely just making amends. Discrimination rules out sweeping socio economic sanctions. Cannot assume government aggressive regime should be left in power victor not responsible for reconstruction.
