Law and War 2014
DOI: 10.11126/stanford/9780804787420.003.0003
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The Individualization of War: From War to Policing in the Regulation of Armed Conflicts

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Cited by 10 publications
(4 citation statements)
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“…On the one hand, it seems likely—commonsense and intuitive—that discontinuities between the two contexts exist. Traditional just-war theory is explicit about the morality of war being different from the morality of peace (Shue, 2008; Walzer, 2006); the international community has (with some success) developed a separate legal framework for judging armed conflict that is independent from domestic law (Blum, 2014); and outside of academia, writers (James, 1910/1968), soldiers (Harrison, 2002; Hedges, 2002), journalists (Junger, 2016), and filmmakers (Mechanic & Gibson, 2016) have long observed how starkly different the war context is to the peace context, including the moral aspects of this context.…”
Section: Alternative Approaches To Morality and Warmentioning
confidence: 99%
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“…On the one hand, it seems likely—commonsense and intuitive—that discontinuities between the two contexts exist. Traditional just-war theory is explicit about the morality of war being different from the morality of peace (Shue, 2008; Walzer, 2006); the international community has (with some success) developed a separate legal framework for judging armed conflict that is independent from domestic law (Blum, 2014); and outside of academia, writers (James, 1910/1968), soldiers (Harrison, 2002; Hedges, 2002), journalists (Junger, 2016), and filmmakers (Mechanic & Gibson, 2016) have long observed how starkly different the war context is to the peace context, including the moral aspects of this context.…”
Section: Alternative Approaches To Morality and Warmentioning
confidence: 99%
“…Although previous research on, for example, moral disengagement has been extremely influential in our understanding of (the perpetration of) violence and intergroup conflict, the uninvolved third-party perspective is also important because most people in the world today are not (direct or indirect) perpetrators of war (Hayes, 2012), and wars do not tend to break out within the territories of modern democracies (Wimmer, 2014). Further, war (and the judgment thereof) is being increasingly individualized in that the laws of war now consider combatants as “individual men and women, capable of and responsible for independent decision-making” to a greater degree than in the past (when they were more likely to be considered as “mere instruments or agents of an all-powerful sovereign,” Blum, 2014, p. 62). In line with this individualizing movement, the recent edited volume Just and Unjust Warriors (Rodin & Shue, 2008) complements Walzer’s original Just and Unjust Wars (1977) with a focus specifically on the individuals fighting in war and how we judge their conduct.…”
Section: Implications Of the Context Approachmentioning
confidence: 99%
“…31 Domestic jurisprudence seems to be following this line of thought. 31 Blum 2010;Solomon 2007. These domestic decisions raise the question of combatants' judicial protection to another, higher level. Accordingly, the State was found accountable for not providing the soldiers with the necessary equipment and conditions for the better protection of their lives.…”
Section: Direct Participation In Hostilitiesmentioning
confidence: 99%
“…Furthermore, in tandem with the "individualization of warfare" (Blum, 2014), the security state requires that the surplus-qua-enemy populations can be disaggregated to the scale of the individual. This exerts an inexorable push towards the further technologization of security.…”
Section: Manhuntingmentioning
confidence: 99%