This paper argues that just war theory, and the international law which is based upon it, are inherently flawed and lead powerful states justifying violent actions.
2,700 words (approx. 10.8 pages), 12 sources, 2001, $ 80.95
Abstract In this paper, it is argued that throughout history and in present day, the criteria of just war theory, and the international law which is based upon, have been applied only subjectively toward the fulfillment of national and self-interest, and that the plurality of human culture and the nature of war itself make it impossible to ever apply the criteria of just war theory in an objective manner. Because just war theory can never succeed in its goals of objectively determining when a state can justly go to war or how a war can be morally waged, it serves only as justification for the actions taken by states powerful enough to fulfill their national interest through violent conflict.
From the paper:
"?This semester, I had the opportunity to participate in a seminar on the foreign policy of the Clinton administration taught by Leon Fuerth, the national security advisor to former Vice-President Al Gore. As a member of the national security council, Fuerth provided an inside look at how American foreign policy was formulated over the last eight years. During one session, Fuerth discussed the process of deciding what objects to target during the Kosovo air campaign. He related that "the lawyers" advised the administration that it could not legally bomb the power grids of Serbian cities because it may lead to civilian injury. However, Fuerth recalled, they found no legal quandary with deploying a massive invasion force in Serbian territory or the civilian casualties that could result from such an invasion. Fuerth asked the class, almost rhetorically, which option was more moral?"
Abstract This paper examines both the Nuremberg and Tokyo War Crimes Trials following World War II and it's impact on international law. It begins with a history of the development of international law up until World War II. It then recounts the events that led up to both trials followed by a description of the charter of both trials. Next is a recount of the three top defendants in both trials followed by the general argument put forth by the defense attorneys. After this there is a section on the impact of the trials on international law followed by a argumentative section on why the trials were "victor's justice". The concluding section focuses on the Rwanda and Yugoslavia tribunals and an outlook for the future.
Tags: crimes, justice, trials, victor, war, international, nuremberg, tokyo
Abstract In this article, the writer introduces, discusses and analyzes the topic of "Lysistrata" by Aristophanes and "Women Demonstrate against the Oppian Law" by Livy. Specifically, it discusses how Lysistrata and other women had the power to demand change in law and public policy. The writer notes that these pieces were written during times of strife and war in Greece and Rome. The writer points out that "Lysistrata" takes place during the Peloponnesian War, between 431 to 404 B.C.E., while "Women Demonstrate" was written in 195 B.C.E., just after the Second Punic War. "Lysistrata" never happened, but the Roman women's protest actually did occur. The writer concludes that both works indicate the power of women to sway their husbands and demand changes in the law.
From the Paper "The story is simple. To end the Peloponnesian War, the women of Athens decide to give their husbands an ultimatum. They will not have sex with their husbands, or any man, until the men hurry up and end the war. In this excerpt, they meet with a Commissioner to tell him their demands. They are outrageous in the way they make their demands, but they make their point with the Commissioner. They argue effectively and with humor, while the Commissioner just manages to look buffoonish and incapable. The women clearly have the upper hand in this debate, and are much smarter than the men they argue with and subdue. The excerpt does not say if they win their battle, but it is difficult to imagine the men putting up with no sex for very long. "Lysistrata" is funny, but it makes a point. Women have brains, too, and want to be included in important decisions by the government. Pushing women aside, as the men of Athens and Rome did, can only lead to trouble in the end, as these two works clearly indicate."
Abstract This paper explains that existing as a black man in Alabama during World War II, or in fact existing as a black man anywhere in the United States, was to be a man viewed as having little intellectual capacity. The paper then goes on to describe the involvement of black men in the WWII military, noting that, while the black man appeared to make great progress during World War II, these same men were to understand quickly that in reality, nothing had changed. However, for these black men, returning home from the war, it no longer seemed right or natural to 'stay in their place' because they had gained a new and larger perspective of their place. The author concludes that, while the Civil Rights movement did not arise immediately from this WWII experience, it did influence the future.
Table of Contents:
Objective
Terms and Definitions
Introduction
World War II
The Tuskegee Airmen
The Alabama Experience
Jim Crow Laws Returning from the War Summary and Conclusion
From the Paper "As already stated it was believed that the black man did not have the intellectual capacity to do things the white man could do and specifically, during the Second World War, it was not believed that the black man could pilot a plane. The struggle of African Americans to gain entry to the Army Air Corps had been ongoing since the use of planes was introduced into warfare during the First World War. In April of 1939, Public Law 18 which called for an expansion of the Air Corps was passed with part of the law containing an authorization to create black training programs in colleges."
Tags: separate, air corp, tuskegee, discriminatory laws, equality
Abstract The paper discusses the Compromise of 1850 that was a series of laws that attempted to resolve the territorial and slavery controversies which arose from the Mexican-American War. The paper focuses on the Fugitive Slave Law, the most controversial act of the Compromise of 1850, that enforced the return of runaway slaves to their owners. The paper then looks at the impact of Frederick Douglas, the novel "Uncle Tom's cabin", William Lloyd Garrison, the Kansas Nebraska Act, the violence of John Brown and the "Dred Scott" decision. The paper shows how eventually seven states seceded from the Union, becoming the Confederate States of America, and caused the outbreak of the Civil War.
From the Paper "When gold was discovered in California 300,000 people rushed to the state seeking riches. While most of those rushing to California were American, news of the discovery also attracted tens of thousands of Latin America, Europe, Australia and Asia. The Gold Rush caused California to develop rapidly. San Francisco changed from a tiny town with tents to suddenly having a boom in population and economy. Roads, churches, schools and other surrounding towns were built and a system of laws and a government were created. As a result of California's rapid development, it was admitted as a state in 1850. ("California Gold Rush")"
This in-depth paper analyzes the changing role of law enforcement administrators and agencies around the world in the face increasing global terrorism.
Abstract This well-researched paper opens with a comprehensive and historic look into both the American and British law enforcement agencies. The writer of this paper traces the origins of the British Sheriff's office back to the Norman Conquest which took place in 1066. This paper delves into the significant increase of international terrorism while focusing on the effectiveness of various law enforcement agencies in America and around the world in combating this growing problem. This paper discusses the views and opinions of several historians regarding the increase and decrease of crime and terror from the medieval times and up to the present. The writer of this paper examines specific historic events and their resulting impact on global terrorism including the fall of the Soviet Union, the Cold War and the 9/11 terror attacks. This paper analyzes the manner in which the Bush Administration moved to establish additional intelligence and enforcement cooperation among the existing agencies in order to more effectively face terrorist threats such as al-Qaida. This paper contains detailed and in-depth historical facts and dates relevant to this particular topic. This paper also examines the manner in which recent advancements and progress in technology are assisting law enforcement agencies around the world to thwart off potential threats of terror.
From the Paper "Various historians have offered various different reasons for the unexpected decrease in the crime rate during the comparatively modern times, and there were some who assumed that perhaps it was industrialization and urbanization and modernization that contributed to this phenomenon. There were some other scholars and researchers who theorized that in actuality crime had not diminished, but had in fact shifted form bodily assaults that were popular in those times, to crimes that were more or less closely related to property, which also indicated that the nature of crime had shifted from an innate scarcity and paucity, to a greater prosperity as well as a free availability of material goods and possessions during modern times. There is also another form of opinion, which states that the decrease in crime seemed to have happened irrespective of industrialization and urbanization."
Abstract The goal of the 9/11 attack was not to kill innocent people, but to change the way America functioned. The author of the paper contends that the end result is a doctrine of preemptive war. The author presents the case both for and against this doctrine. On the one hand, he states that preemptive warfare is necessary to deal with the new enemies of America and to spread freedom and democracy. When presenting the opposing viewpoint he contends that this ideology is expensive, both in money and in human lives. He further contends that this doctrine is unilateral, arbitrary, and in direct violation of international law.
Outline:
Abstract
The warmonger's doctrine
The best defense is a good offense
The new face of evil
With great power comes great responsibility
The element of surprise
Violence begets violence
The last straw
Burning the international bridge
America the war-hungry
Conclusion
References
From the Paper "In order to achieve the freedom to execute military orders at will, the United States has demanded a unilateral approach to warfare. In essence, the U.S. is attempting to change the guidelines of warfare in order to fulfill an agenda. The Iraq War, the first of many preemptive strikes, may seem justifiable, yet the door is opening for the U.S. to plan increasingly more arbitrary attacks. W. Galtson (2002) writes, "Rather than continuing to serve as a first among equals in the postwar international system, the United States would act as a law unto itself, creating new rules of international engagement, without the consent of other nations" (p.62).
Essentially, the U.S. wishes to avoid basic protocol on order to achieve her goals, which simulates the very nature of the tyrants and dictators this country wishes to attack."
Tags:war terrorism iraq casualties cost democracy freedom global strategy international law, united nations, conflict
Abstract This fifteen page undergraduate paper examines war crimes and crimes against humanity, which are universally condemned as the most extreme violations of fundamental human rights. The writer notes that tragically, history has proven that atrocities and genocide are rarely prevented, for the international community is usually incapable of taking action, unwilling to intervene, or unaware of the scope of the crimes. Further, the writer points out that just as tragically, the infamy of war crimes and crimes against humanity is compounded by the fact that the perpetrators usually escape justice. In order to analyze why this is the case and assess what this demonstrates about the nature of international governance, the writer explains that it is necessary to acknowledge the inherent conflict between international law and state sovereignty, for independent laws and policies often prevent effective prosecution.
From the Paper "War crimes and crimes against humanity are universally condemned as the most extreme violations of fundamental human rights. Tragically, history has proven that atrocities and genocide are rarely prevented, for the international community is usually incapable of taking action, unwilling to intervene, or unaware of the scope of the crimes. Just as tragically, the infamy of war crimes and crimes against humanity is compounded by the fact that the perpetrators usually escape justice."
Abstract The paper discusses the Free Soil party platform that opposed the compromises being contemplated by northern congressmen to placate the demands of slave states for extending slavery in the free states. The paper then explains how the doctrine of nullification, the philosophy of manifest destiny and the Fugitive Slave Law also contributed directly or indirectly to the start of the Civil War.
Outline:
The Free Soil Party Platform
The Doctrine of Nullification
Manifest Destiny
The Fugitive Slave Law
From the Paper "When people discuss the split over slavery between the Southern and Northern states in the pre-Civil War decades, it is often assumed that the Northerners opposed the spread of slavery beyond the already existing 'slave states' of the South for moral reasons . The impression is not accurate. Many Northerners (including Lincoln) opposed slavery mainly because they feared that black slave labor might spread to the North and threaten the economic and political interest of free white farmers."
The following paper examines the war on drugs in America, questioning whether the loss of lives, stricter laws and costs of the campaign outweigh the benefits.
1,050 words (approx. 4.2 pages), 2 sources, 2003, $ 36.95
Abstract This essay discusses the pros and cons of the ?War on Drugs? in America, paying specific attention to the sales of drugs, legislation issues, the strain on the judicial system, poor communities, increased costs of the campaign and the infringement of individual rights.
From the paper:
?Some critics have pointed to the amount of money the War on Drugs has cost. They claim that the increased costs of the campaign to stop drug flow into the United States have coincided with a decrease of the amount of money spent on education. However, correlation is not the same as cause. The funding of education is an important role for federal, state and local governments. This is why we have federal funding for some educational programs as well as state and local taxes to help pay for public schools.?
Abstract Gives a critical analysis of "the war on drugs". Through examination of the history and present motivations of drug laws, this paper argues that the reasons behind drug criminalization are invalid. The paper also shows that the current law enforcement approaches are ineffective in dealing with the drug problem.
From the Paper "The illicit drug problem is seen as a paramount concern within all western communities and is clearly the source of some of society's most major public health issues. The so-called "War on Drugs" is given unprecedented resources in the area of law enforcement and often headlines our major media outlets. The reasons for our community seeking to criminalize drug use will be explored in the following essay by tracing drugs laws to the original sources of public concern and exploring how community concern has evolved since. It will be shown that the original notions that are the basis of drug criminalization have been flawed from their inception. Furthermore it will be illustrated how current and past drug laws have been completely ineffective in achieving the aims that society has sought to achieve through drug criminalization."
Abstract This paper looks into the Just War Theory of St. Augustine, and determines whether the war against drugs is war that is just and fair, or one that should be given up. The author argues that the war on drugs is something that can never be fully eradicated and rather one that can only cause for the reduction of drug use. Included are statistics as supporting evidence.
From the Paper "The war against drugs in the United States is one that has been fought for many years, and seems to have no end. Its "soldiers" always seem to come upon new enemies, which there are already countless numbers of to begin with. Many proponents of the war against drugs point to the facts that drug use has declined over the years, and the numerous amounts of arrests and drug busts that are made. While those proponents support the governments quest in the elimination of drug trafficking, there are also those who disagree.The opponents say that there is no end in sight, that the drugs will continue to be produced no matter what, these people desire the profit from the occupation, and will do anything to get it. Chances are, neither of the majorities of either of these groups have looked into whether this war against drugs is a just one, and should continue, or end. Which leaves the question, should we as Christian's be supporting this war, or would it be wrong and immoral to do so. This knowledge can only be obtained by looking into the just war theory, and making a decision from there. "
Abstract This paper analyzes the U.S. war against Iraq and argues that it was an unjust war. The paper makes the point that for a war to be just it must be necessary, it must be for a good cause, it must have a proportional response, it must have a reasonable chance of success and it must be undertaken as a last resort. By this test, the paper argues, the US war against Iraq is found to be unjustified, particularly because it was not carried out as a last resort.
From the Paper "Philosophers, theologians and thoughtful practical statesmen have, for centuries, recognized that war is the gravest act of international relations. There are no good wars because the very essence of war is mass slaughter. At best, war is at times the lesser of evils. Few except strict pacifists would dispute that World War II for all its horrors was less terrible than the prospect of a world dominated by Nazism. Thus, it has been broadly acknowledged that going to war..."
Tags: iraq, war, just, unjust, international, law, justification
Abstract This paper examines the experience of the women enslaved by the Japanese as sex slaves during the Second World War - they were known as the Comfort Women. The paper begins with a background and explanation of how the system came about, as an instance of state-controlled criminal activity involving the sexual exploitation of women. The paper then explores who these women were and what experiences they were forced into.
From the Paper "The term "comfort women" is a translation of the Japanese word jugun ianfu, which stands for enforced military sex slaves for the Japanese Imperial Army during World War Two. It describes a system of military rape, unprecedented in history, which goes unpunished today. Through highlighting the ingrained patriarchal and racist nature of the comfort women system, this essay will attempt to expose the responsibility not just of Japan, but of the international community, for the unbroken suffering of the comfort women."
Abstract This paper explores African-Americans role in the Revolutionary War. It begins with laws that concerned blacks and firearms as early as 1609. It discusses accounts from actual African Americans and their stories. The paper goes through the process of how blacks were eventually allowed to fight.
From the Paper "African-American soldiers were used in the Revolutionary War by both the British and the Americans. It was the British who used them initially, but their example was soon followed by the colonies. It was a slow process on the American side, but all-black units were eventually created. Colonial militias were typically composed of most adult men capable of bearing arms in a community. Originally militias were very inclusive, but as the 17th century neared its end, they became more selective. Indentured servants, free blacks, and slaves were the first to he purged. Virginia led the way among the colonies in excluding blacks from militia service, when the House of Burgesses required in January 1639 that only white Virginians arm themselves. Yet, in a pattern that was to repeat itself into the 18th century, both sides armed slaves and promised them freedom in exchange for military service in 1676 during Bacon's Rebellion. "
Tags: blacks, revolutionary, war, colonial, times, military
