War Crimes and Collective Wrongdoing

Aleksandar Jokic is Professor of Philosophy and Conflict Resolution in the Graduate Program at Portland State University. He is Executive Director of the Center for Philosophical Education, founding editor of STOA - International Undergraduate Journal of Philosophy - and co-founder of the International Law and Ethics Conference Series. He is the author of Aspects of Scientific Discovery (1996), editor of the forthcoming From History to Justice (2000), and co-editor with Quentin Smith of Time, Tense, and Reference (2000) and Consciousness: New Philosophical Essays (2001).

"The systematic and critical exploration of war crimes in this collection exemplifies an interdisciplinary approach to the current debate on a variety of ethical, legal, social, and political issues relating to war crimes. In its original and systematic approach, the collection represents a major contribution to that debate." Aleksandar Pavkovic, Macquarie University, Sydney "Featuring a roster of prominent authors, this volume takes a broad and reflective approach full of concern for human rights and responsive to current events." Thomas W. Pogge, Columbia University ...[T]he collection is clearly designed for course use, and its potential uses are apparent. The initial explorations on the moral origins and foundations of human rights law will be useful for instructors in laying the ground in the initial weeks of a course, before moving on to the historical development of concepts and practices of human rights. The history and debate on international trials and "transitional justice" offer a useful introduction or accompaniment to an empirical exploration of recent or ongoing trials. And the material on issues of collective guilt/responsibility/remorse provides a rich backdrop for investigations of the cultural and political dilemmas facing postwar societies. Instructors will also appreciate the additional material. The introduction to Anthony Ellis summarizes each of the articles while providing a road map to the controversies that divide the authors. And the editor, Aleksandar Jokic, provides brief essays at the end of each section which highlight the important points of each article and suggest further reading. In general, this is an enlightening and provocative collection. Jokic performs an important service by reminding readers that the political current toward the inclusion of human rights in international governance relies on philosophical and moral postulates which are far from settled, and offers a collection of essays which outline well what the controversies are. Teachers and instructors will appreciate his having gathered the material in one place. Researchers and activists will be grateful to Aleksandar Jokic for organizing this collection which helps to remind them why they do what they do in the first place." Eric Gordy, Balkan Academic Book Review 28/2001 "These thought-provoking essays are of a high scholarly quality and will be useful to academics concerned with human rights, international law, and the ethics of "transitional justice"." M. Amstutz, Choice, November 2001

• List of Contributors viiPreface xiAcknowledgements xivIntroduction 1Anthony EllisPart One What are War Crimes? 271 Unchosen Evil and Moral Responsibility 29Peter A. French2 War Crimes and Human Rights 48Alan Gewirth3 War Crimes: Moral, Legal, or Simply Political? 57Jovan BabicAfterword 72Further Reading 74Part Two Trials for War Crimes 754 War Crimes and Virtue Ethics 77Michael Slote5 Whose Trials? Whose Reconciliation? 85Burleigh T. Wilkins6 What Should We Do With War Criminals? 97Anthony Ellis7 Accountability for War Crimes and the Legacy Nuremberg 113Richard FalkAfterword 137Further Reading 139Part Three Nationalism and Collective Wrongdoing 1418 Nationalist Morality and Crimes Against Humanity 143Richard W. Miller9 Moral Dimensions of Four Ways of Getting Rid of Groups 163James W. Nickel10 Secession and Self-Determination: A Legal, Moral, and Political Analysis 176Alfred P. RubinAfterword 198Further Reading 200Part Four The Aftermath of Collective Wrongdoing 20311 Collective Responsibility. “Moral Luck,” and Reconciliation 205David Cooper12 Collective Remorse 216Margaret Gilbert13 Reparations to Native Americans? 236J. Angelo Corlett14 Transitional Justice and International Civil Society 270David A. CrockerAfterword 301Further Reading 303Index 305