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Humanity, International Crime, and the Rights of Defendants

Published online by Cambridge University Press:  25 March 2011

Larry May
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Type
Symposium
Information
Ethics & International Affairs , Volume 20 , Issue 3 , September 2006 , pp. 373 - 382
Copyright
Copyright © Carnegie Council for Ethics in International Affairs 2006

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References

1 For Altman's good defense against my alternative, see Andrew Altman and Christopher Heath Wellman, “A Defense of International Criminal Law,” Ethics 115, no. 1 (2004), pp. 35–67.

2 See the discussion of solidarity in my book, The Socially Responsive Self: Social Theory and Professional Ethics (Chicago: University of Chicago Press, 1996).

3 Larry May, War Crimes and Just Wars (New York: Cambridge University Press, forthcoming).

4 See his extremely important paper, “A Theory of Crimes Against Humanity,” Yale Journal of International Law 29, no. 1 (2004), pp. 85–140.

5 I take up this issue in much greater detail in my new book manuscript, Aggression and Crimes Against Peace, where I spend a section trying to sort out what exactly is the precedent of Nuremberg.

6 Elizabeth Kiss voiced this objection concerning such alternatives as the South African Truth and Reconciliation Commission. Also see her excellent essay, “Moral Ambition Within and Beyond Political Constraints: Reflections on Restorative Justice,” in Robert I. Rotberg and Dennis Thompson, eds., Truth v. Justice: The Morality of Truth Commissions (Princeton: Princeton University Press, 2000), pp. 68–98.