Spotlighted Event
Conflict, Morality and Norms
- NINT 5273 - Conflict, Morality and Norms (Spring 2008)
Changes brought about by globalization have affected both patterns of organized violence and the reaction to them, providing ample opportunities for discussing the moral complexity of conflict. The laws of war that regulate conduct during conflict belong to customary international law, and the wide agreement that they enjoy is based on shared belief in their underlying norms. Yet, this does not automatically translate into compliance by states and individuals, even in the case of the very actors who have contributed to the development and codification of such normative rules. The focus of this course is to provide an understanding of the gap between laws, norms and practices of war, beyond the classic argument of realism - - i.e. interest and power always trump ethics - and beyond a static understanding of the rules of conduct in wars. The course addresses the dynamic role of norms as interests, and norm entrepreneurs such as non-state actors, through a mix of theoretical discussions and case-studies.
The following themes will be addressed: Conflicting norms on "just war" (holy war, Jihad, resistance and humanitarian intervention); Normative arguments used to justify behavior that is contrary to customary international law (collateral damage, precision killing, aerial bombardments, and lesser evil, proportionality, protection of civilians and ban on torture); Expanding the range of norms in the laws of war (rape as a war crime); The internationalization of justice on war crimes and the boomerang effect of the justice cascade; and the enlarging the theatre of justice on war crimes (politics of reparation and reconciliation).
Concentrations:Governance and Rights, Conflict and Security