Punitive Warfare, Counterterrorism, and Jus ad Bellum

In Fritz Allhoff, Nicholas G. Evans & Adam Henschke (eds.), The Routledge Handbook of War and Ethics: Just War Theory in the 21st Century. Routledge (2013)
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Abstract

In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and what challenges such punitive warfare would have in satisfying the remaining jus ad bellum conditions.

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Shawn Kaplan
Adelphi University

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