Just War Theory and Civilian Casualties

This book addresses the inadequacies of just war theory and international law regarding civilian rights, developing new principles of individual restorative justice.

This book explores the inadequacies of just war theory and international law with regard to correcting harm inflicted on civilians by modern warfare, and develops two new principles of just war theory: restorative care and recompense, on an individual scale. It will appeal to those interested in military justice and morality.There are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights.