Tesi sul tema "War – Moral and ethical aspects – Fiction"

Rules of engagement, ethics of war, and codes of chivalry are all phrases which remind one of human attempts to rein in and regulate what is perhaps the most anarchic and illogical of all human activities: organized war. The role of the great religions of the world both in propagating war through crusades and jihads as well as their attempts at transcending its savagery through images of miles Christianus or the pious ghazi has also been much discussed. The aim of this thesis is to study the ethics of war in the context of Islamic societies in the Early Middle Ages from several complementary perspectives. Our sources for the period vary greatly from decade to decade and from region to region. This has often led historians of ideas and mentalities to concentrate on one aspect to the exclusion of others. This is particularly so in the case of ethics of war where most of the argument seems to concentrate on a few passages from the Qur'an, supplemented by some quotations from manuals of ḥadith and commentaries on them in the legal textbooks of the different religious schools. That all these are crucial for an understanding of Muslim attitudes and reactions to war throughout centuries is beyond dispute. But it remains, nevertheless, a lop-sided view: neglecting large areas of debate and speculation in literature, philosophy, and mystical meditations, presented as fully-fledged arguments or as occasional remarks and observations embedded in the extant texts from the period. By evaluating these scattered sources and listening to the different voices heard through them, I hope to show some of the different attitudes and responses to the ethics of war and avoid the monolithic and doggedly timeless approach which, at its worst and most extreme, envisages a non-existing consensus among the Muslims from the rise of Islam to the beginning of this new century and neglects the evidence of regional traditions and innovative thinkers by relying solely on a handful of quotes.

In this thesis, I argue that the question of ethics, despite claims to the contrary, is a central concern in Cormac McCarthy’s fiction. My principal contention, in this regard, is that an approach that is not reliant on conventional systems of meaning is needed if one is to engage effectively with the moral value of this writer’s oeuvre. In devising such an approach, I draw heavily on the ‘immoralist’ writings of Friedrich Nietzsche. The first chapter of the study contends that good and evil, terms central to conventional morality, do not occupy easily definable positions in McCarthy’s work. In the second chapter, the emphasis falls on the way in which language and myth’s mediation of reality informs choice. The final chapter focuses on the post-apocalyptic setting of The Road, in which normative systems of value are completely absent. It argues that, despite this absence, McCarthy presents a compassionate ethic that is able to find purchase in the harsh world depicted in the novel. Finally, then, this study argues that McCarthy’s latest novel, The Road, requires a reconsideration of the critical claim that his work is nihilistic and that it negates moral value.

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In response to the 9/11 attacks and continuing threats of mass-casualty terrorism, the United States has adopted a new security strategy that emphasizes anticipatory actions including preventive war. Prevention, undertaken in the absence of an act of aggression or an imminent threat, is prohibited by modern conceptions of just war and international law. Many critics of the strategy fear that any legitimization of preventive war would endanger international stability. But an examination of the relevant ethical issues from the perspective of just war doctrine reveals contradictions within a blanket prohibition of preventive war. Preventive "strategic interventions" against illiberal regimes-states that correlate with the threats of terrorism and weapons of mass destruction-parallel humanitarian interventions in that they have an ethical basis in the relationship between human rights and the right of state sovereignty. A widely-accepted minimum standard of human rights, incorporated into new international institutions and/or an explicit revision of the definition of just war, could serve as an ethical boundary for both preventive wars and humanitarian interventions. The formal qualification of prevention and its merger with humanitarian goals could bring enhanced international legitimacy and support to preventive actions by the United States and its allies.
Lieutenant Commander, United States Navy

Large-scale humanitarian crises in foreign countries raise the question of whether or not other countries have a duty to alleviate that suffering. In extreme cases, humanitarian intervention, that is: military intervention for the purpose of alleviating human suffering, is sometimes advocated as the morally required course of action. This thesis suggests that while the international community has a general moral responsibility to prevent and ameliorate humanitarian crises there is no simple duty of military humanitarian intervention. Hitherto, the question has typically been treated as a matter of either moral or legal principle. This thesis argues that empirical factors, which affect the international community's ability to carry out interventions effectively, have not been given their due weight in the debate. On the basis of evaluations of international responses to crises in Somalia and Rwanda, 1992 - 1994, it is suggested that a range of factors undermine the efficacy of humanitarian interventions. These factors include the impact of state interests, the effects of domestic politics in intervening states and, contrary to expectations, the role of humanitarian considerations in decision making on intervention. By showing the limitations of a simplistic view of a duty of humanitarian intervention the thesis seeks to contribute to reconciling idealism with realism in international crisis-responses. Based on sound moral and political judgment military interventions in humanitarian crises would hopefully be less ambitious and ultimately more effective.

Bibliography: pages 264-277.
This thesis outlines a proposal from an explicitly religious standpoint of the key dimensions of peacebuilding, focusing particularly on mediation and facilitation as a primary task. What is the value of such a study? My initial responses in the paragraphs which follow are made at the broadest possible level: the desperate need for effective peacebuilders in a world torn by violence and the potential for religiously-based peacebuilders to fill that need. I then support this response by examining other reasons for the study: the current inadequacy of religious response to conflicts, the danger of manipulation of religious leadership by other actors, and potential for the insights of religiously-based actors to contribute to the over-all practice of peacebuilding and diplomacy. In addressing the latter question I outline my own understanding of the meaning of "religion", an understanding whose impact on the broad question of peacebuilding I explore throughout the chapters which follow.

My dissertation investigates Thucydides’ presentation of Sparta. By viewing the war through Sparta, one is confronted with debates on the moral dimensions of war. Sparta decries the imperialism of Athens as unjust and while the Athenians imply that such claims are merely Spartan ‘hypocrisy’ and therefore that Sparta does not truly take justice seriously, my study contends that the Spartan concern with justice and piety is genuine. While the Athenians present a sophisticated and enlightened view of what they believe guides all political actions (a view most scholars treat as Thucydides’ own) my study argues that Sparta raises problems for key arguments of the ‘Athenian thesis.’ Through a closer study of Thucydides’ Sparta, including his neglected Book 5, I locate details of both Sparta’s prosecution of the war and their regime that must be considered before agreeing with the apparent sobriety and clear-sightedness of the Athenians, thus leading the reader into the heart of Thucydides’ view of morality in both foreign affairs and domestic politics. A portion of this research is currently being prepared as an article-length study on the broad and important issue of hypocrisy in foreign affairs among states.

Why has international society been unable to develop political and judicial collective-security arrangements to limit external aggression? The thesis argues that efforts to limit aggression in moral and legal theory have created an unjust order in which great powers have used these theoretical traditions to reinforce their power in the global order. The thesis argues that is not a new development but can be found in one of the oldest traditions of moral reflection on war, the just war tradition. To substantiate this point, the thesis critically surveys the philosophers of the ancient Greek, Roman, Medieval Christian Renaissance, and early modern theorists of just war and demonstrates that their just war ideas contain assumptions about exclusion, identity and power reflecting their cultural superiority which underlie the practices and theories of the leading states and justifications of their aggressive wars. The thesis connects these moral reflections to the emergence of modern international law and the European pluralist international society of states based on mutual respect for sovereignty and the norm of non-intervention, highlighting how justifications of its colonial aggression against non-Europeans established an unjust solidarist order against them which persists in the post-Cold War era. To conclude it presents suggestions for improvement in the current pluralist international arrangements to address the issue of aggression.

One year after the terror attacks of September 11, 2001, the administration of President George W. Bush introduced a revolutionary foreign policy strategy--the Bush Doctrine. Proponents of this strategy advocated the use of American 'hard power' as a tool to promote freedom and democracy, beginning with the invasions of Afghanistan and Iraq. Opponents of the doctrine saw it as dangerously nationalistic, with the potential to entangle the United States in a myriad of protracted international conflicts. This thesis will identify aspects of nationalism within post-9/11 American foreign policy and illuminate the incompatibility of nationalism and the fundamental tenets of conflict resolution. This study theorizes that nationalism played a significant role in the development of the Bush Doctrine. Although its advocates promote specific policies historically associated with nationalism, as a rule they have not acknowledged its influence. Conversely, opponents of the doctrine acknowledge this influence and warn of its destructive characteristics. The study presented herein identifies nationalism as a powerful force in American culture and politics--one that has a profound influence on American foreign policy and on the longevity of our foreign wars.

Thesis (MPhil (Political Science))--University 2010.
ENGLISH ABSTRACT: This dissertation’s primary focus is why torture is used when torture is not an effective means of gathering intelligence. To answer this question the argument for the use of torture, commonly known as the ticking time bomb argument, is discussed. Due to psychological and physiological processes during torture interrogation it was found that torture cannot be relied upon to deliver truthful information. Torture was also found to adversely affect the institutions that are needed for its establishment. After torture has been found to be of no utility in terms of the appropriation of information the question of why torture is still used is answered by means of discussing societal dynamics as well as the political process surrounding torture. On the societal front it was found that American public opinion towards torture is ambivalent. The reason for this includes a host of socio-psychological factors such as the in-group out-group bias as well the War on Terror as a political ideology in its own right. The notion that anybody is likely to torture is also explored by means of discussing the Milgram’s Obedience Experiment as well as the Stanford Prison Experiment. On the political front the notion that the abuses at Abu Ghraib and Guantanamo Bay were the work of a few bad apples is dispelled since it formed part of a deliberative political process that tried to make torture a legitimate foreign policy measure. The reason for the existence of this process is the failure of international and domestic checks and balances. On the international front U.S. unilateralism as foreign policy principle is cited as the reason for the ineffectiveness of international measures to stop torture. On the domestic front the permanent rally around the flag effect due to the permanent state of mobilization in the War on Terror is cited as the reason for the failure of domestic checks and balances. The lessons learnt from the research enables the creation of measures on how to stop torture even when it is found that the necessary political will is not present within the Obama administration. In the absence of political will it must be manufactured by means of the actions of civil society, the free press and the international community. It was found that the most effective means would be the creation of a committee of inquiry to create the political memory of the use of torture and how it was established. Additionally a memorial must be erected as well seeing that inquiries create political memories but they do not sustain it.
AFRIKAANSE OPSOMMING: Hierdie tesis se fokus is om na te vors waarom marteling gebruik word as dit nie ‘n effektiewe wyse is om inligting in te win nie. Om hierdie vraagstuk te beantwoord word die argument vir die gebruik van marteling naamlik die tikkende-tydbom-argument bespreek. Asgevolg van sielkundige en fisiologiese prosesse tydens ondervragings wat gebruik maak van marteling kan daar nie op marteling staatgemaak word om die waarheid op te lewer nie. Dit was ook bevind dat marteling die instansies, wat nodig is vir die gebruik daarvan, op ‘n negatiewe wyse beïnvloed. Nadat daar vasgestel is dat marteling geen nutswaarde aangaande die inwinning van informasie bied nie word die vraagstuk waarom marteling steeds gebruik word beantwoord. Op die samelewingsvlak kan daar gestel word dat die Amerikaanse samelewing onseker is oor of marteling gebruik moet word al dan nie. Verskeie redes vir hierdie opinie word aangevoer waarvan die in-group out-group bias en die Oorlog teen Terreur as politieke ideologie slegs twee daarvan uitmaak. Dat enige persoon in staat is tot marteling onder die regte stel omstandighede word ook bespreek na aanleiding van die Milgram’s Obedience Experiement en die Stanford Prison Experiment. Op die politiese vlak is daar vasgestel dat die menseregteskendings in Abu Ghraib en Guantanamo Bay nie die werk was van slegs `n paar indiwidue was nie, maar deel uitmaak van ‘n doelbewuste politiese proses wat marteling as ‘n legitieme buitelandse beleidskwessie wil afmaak. Die rede waarom die beleidsproses bestaan kan toegeskryf word aan die mislukking van inter- en intranasionale wigte en teenwigte. Op die internasionale vlak kan daar gestel word dat die Verenigde State se unilateralistiese modus operandi die rede is vir die mislukking van internasionale maatreëls teen marteling. Op die intranasionale front kan daar gestel word dat die Amerikaanse publiek verkeer in ‘n permanent rally around the flagtoestand asgevolg van die permanent mobilisasie in die Oorlog teen Terreur. Uit die lesse wat geleer is uit die navorsing kan daadwerklike stappe gedoen word om die gebruik van marteling stop te sit alhoewel die Obama-administrasie se politiese wil ontbreek. Met die tekort aan politiese wil moet die politiese wil geskep word deur die burgerlik samelewing, the vrye pers asook die internasionale gemeenskap. Daar was gevind dat die mees effektiewe wyse om marteling stop te sit sal deurmiddel van ‘n kommissie van ondersoek wees. Die kommissie se doel sal wees om te bepaal hoe marteling tot stand gekom het en ‘n politiese herinnering te skep. Daar moet ook ‘n bykomende maatreël wees, naamlik die oprigting van ‘n monument aangesien kommissies van ondersoek politiese herinneringe skep maar nie in stand hou nie.

The terrorist attacks of September 11, 2001 transformed the way in which Americans and their leaders viewed the world. The tragic events of that day helped give rise to a foreign policy strategy commonly referred to as the “Bush Doctrine.” At the heart of this doctrine lay a series of propositions about the need to foster liberal democracy as the antidote to terrorism. President George W. Bush proclaimed in a variety of addresses that democracy now represented the “single surviving model” of political life to which all people aspired. In the course of making this argument, President Bush seemed to relate his policies to an overarching “teleology” of progress. This discourse implied that the United States might use force to hasten the emergence of liberal norms and institutions in selected states. With a sense of irony, some commentators soon referred to the Bush administration’s position as “Leninist” because of its determination to bring about the so-called “end of history” today. Yet, surprisingly, these critics had little more to add. This thesis is an attempt to assess in greater depth the Bush administration’s claim to comprehend historical eschatology. Developing a concept termed “democratic vanguardism,” this study investigates the idea of liberal modernity, the role of the United States as a force for democracy, and the implications of using military intervention in the service of idealistic ends. It examines disputes among political theorists, public intellectuals and elected statesmen which help to enrich our understanding of the United States’ efforts under President Bush at bending history to its will.

This research is premised on the understanding that media texts are discourses and that all discourses are functional, that is, they refer to things, issues and events, in meaningful and goal oriented ways. Nine articles are analysed to explicate the sorts of discourses that were promoted by The Chronicle during the Gukurahundi conflict in Zimbabwe between 1982 and 1986. It is argued that discourses in the news media are shaped by the role(s), the type(s) of journalism assumed by such media, and by the political environment in which the news media operate. The interplay between the roles, types of journalism practised, and the effect the political environment has on news discourses is assessed within the context of conflictual situations. This is done using insights from the theoretical position of peace journalism and its critique of professional or mainstream journalism as promoting war/violence journalism. Using the case of The Chronicle's reportage of the Gukurahundi conflict in Zimbabwe, it is concluded that, in performing the collaborative role, state owned/controlled media assume characteristics of war/violence journalism. On the other hand, it is concluded that The Chronicle developed practices consistent with peace journalism when it both espoused the facilitative role and journalistic objectivity. These findings undermine the conventional view among proponents of peace journalism that in times of conflict, the news media should be interventionist in favour of peace and that they should abandon the journalistic norm of objectivity which they argue, promotes war/violence journalism.

Dans le cadre des études littéraires, la notion d’événement a le plus souvent été abordée sous l’angle narratif. Cette étude ne rejette pas cette perspective, mais elle considère que l’on ne peut s’y limiter. L’événement est ainsi appréhendé dans le champ élargi des sciences humaines (historiographie, philosophie analytique, phénoménologie, etc.) afin de mieux saisir sa spécificité dans le texte littéraire. Les questions relatives à l’événement –qu’il soit historique, naturel ou quotidien– sont abordées dans les textes narratifs et poétiques :qu’est-ce qu’un événement pour l’écrivain –romancier (Simon, Rouaud, Savitzkaya) ou poète (Follain, Réda, Jacqmin) ?Quels sont les procédés linguistiques auxquels il recourt pour l’écrire ?Quelles sont les visées éthiques de l’écriture ?Le but ultime de notre investigation consiste en effet à proposer une « poéthique » (Pinson) pour chacun de nos auteurs, c’est-à-dire une interprétation relative à la portée éthique de leurs textes.
Doctorat en philosophie et lettres, Orientation langue et littérature
info:eu-repo/semantics/nonPublished

Defence date: 5 April 2017
Examining Board: Professor Chris Reus-Smit, The University of Queensland, formerly EUI, (Supervisor); Professor Jennifer Welsh, EUI; Professor James Pattison, The University of Manchester; Professor Peter Sutch, Cardiff University
This develops a defence of the principle of the moral equality of combatants against recent revisionist critiques. It does this by developing an interpretive and hermeneutical approach to the study of war and the just war tradition. This approach allows the meanings of war and of actions within war to be explored and it is on the basis of this understanding of meaning that the moral equality of combatants is defended. It shows that these meanings and distinctions cannot be recognized by the revisionists and that this is a moral and interpretive loss. The thesis develops the argument of Michael Walzer’s Spheres of Justice and applies it to war; it demonstrates that war has a distinct meaning and that the principles for distributing identities, rights, and responsibilities in war are relative to this meaning. The thesis begins by exploring the history of the just war tradition and the evolution of the concept of combatancy and the distinction between combatants and non-combatants in order to demonstrate how the just war tradition constitutes war as an institution. It then explores the contemporary debate and argues that whilst the traditional defences of the principle of the moral equality of combatants have been found wanting, the conclusions of the revisionists need not be accepted. To demonstrate this, the following chapters study a number of examples that highlight important and meaningful contrasts associated with both the jus in bello and the jus ad bellum. The final chapter introduces the concept of the normative structure of war and argues that the right to participate and to kill in war depends upon a public relationship of duty between soldiers and the state. The reciprocal relationships of duty are the source of the moral equality of combatants.

Ou Antony.
Thesis submitted in: October 2006.
Thesis (M.Phil.)--Chinese University of Hong Kong, 2007.
Includes bibliographical references (leaves 160-173).
Abstracts in English and Chinese.
List of Appendices and Tables --- p.5
Preface and Acknowledgements --- p.6
Notes on Translations and References --- p.9
Abstract --- p.11
中文摘要(Abstract in Chinese) --- p.12
Chapter Chapter 1: --- Introduction --- p.13
Chapter Chapter 2: --- "War, Confucianism and Ren: The Definitions" --- p.17
Chapter Chapter 2.1: --- The Definition of War --- p.17
Chapter Chapter 2.2: --- Confucianism: A Brief History of Thoughts --- p.20
Chapter Chapter 2.3: --- Ren as Confucian Justice of war --- p.26
Chapter Chapter 3: --- Literature Review --- p.34
Chapter Chapter 3.1: --- Purposes of Just War Theory --- p.34
Chapter Chapter 3.2: --- Just War Theory Development: Anglo-American Traditions --- p.38
Chapter Chapter 3.21: --- The History --- p.38
Chapter Chapter 3.22: --- "The Content: jus ad bellum, jus in bello and jus post bellum" --- p.44
Chapter Chapter 3.23: --- A Synthetic Analysis of Anglo-American Just War Tradition --- p.56
Chapter Chapter 3.3: --- Just War Theory: Neo-Confucian approaches --- p.59
Chapter Chapter 3.4: --- Spring and Autumn and Gongyangzhuan --- p.66
Chapter Chapter 3.41: --- Nature of Spring and Autumn --- p.66
Chapter Chapter 3.42: --- History of Gongyangzhuan --- p.70
Chapter Chapter 3.43: --- The Contents of Gongyangzhuan --- p.79
Chapter Chapter 4: --- Gongyangzhuan tradition as a source of Confucian just war theory --- p.86
Chapter Chapter 4.1: --- Criteria for selecting Confucian Texts --- p.86
Chapter Chapter 4.2: --- Conceptualization of Gongyangzhuan just war theory --- p.92
"""Non-ideal just war scenario"": Feudal lords and peoples in ""chaotic generations""" --- p.95
"""Non-ideal just war scenario"": Ba/Hegemon, feudal lords and peoples in ""transitional generations""" --- p.106
"""Ideal just war scenario"": The True king and peoples in ´ب´ب peaceful generations""" --- p.114
Chapter Chapter 4.3: --- Synthetic Analysis of Gongyangzhuan Just War Theory --- p.119
Chapter Chapter 5: --- The Contemporary Significance of Gongyangzhuan Just War Theory --- p.123
Chapter Chapter 5.1: --- Theoretical Significance --- p.125
Contribution to just war theory --- p.125
Contribution to Modern Neo-Confucianism --- p.129
Chapter Chapter 5.2: --- Practical Significance --- p.131
Chapter Chapter 6: --- Conclusion --- p.135
Appendices --- p.140
Bibliography --- p.160

For as long as humans have waged war, they have distinguished between combatant persons that are liable to attack, and protected persons that should enjoy immunity from attack. And for just as long, combatants have exploited such protected persons as "human shields." They have moved protected persons to military targets, and military targets to protected persons with designs as grand as thwarting the outbreak of war itself, and as narrow as deterring attacks within war. This dissertation explores two sets of questions about these strategies and tactics of "interposition," as I call them, at the intersection of international relations, law, and ethics. First: Whence the power of "human shields?" When and how can belligerents, somewhat paradoxically, find safety in exposure with unarmed persons? Under what conditions can noncombatants exposed at flanks, for instance, deny superiorly positioned ambushers, and captives tied to warehouses deny fleets of aircraft? Second: How do we evaluate harm to people deliberately placed in harm's way? And to what extent are our judgments consistent with prevailing prescriptive models from international law and ethics? In this dissertation, I argue that interposition leverages a peculiar kind of threat. And I attribute the force of this threat to its peculiarities, integrating theory from psychology, anthropology, sociology and evidence from detailed case studies, interviews with military commanders, lawyers and soldiers, and accounts from tens of conflicts across the centuries culled from chronicles, archives, and memoirs. The threat is of killing, of directly and foreseeably harming others, of being identified with killing, of being held liable for killing, of authorizing outrage, massacre and scandal. The threat is distinct because it leverages not a hesitancy to incur damage, which is well documented in the conflict literature, but to inflict damage. And it is under some conditions sufficient to deter and compel even the strongest armies to yield and desist. Moreover, I present suggestive experimental evidence demonstrating some degree of conformity between lay intuitions and prevailing international legal and ethical prescriptions on proportionality in war. Lay respondents to a survey-embedded conjoint experiment balanced military value and collateral damage in ways prescribed by mainstream prescriptive models from international law and ethics. In particular, subjects weighed harm to bystanders and involuntary shields the same, but discounted harm to voluntary shields. In sum, the dissertation illuminates prevalent but poorly understood patterns of conflict behavior, and sheds light on understudied aspects of moral and legal judgment about harm in war.

The exploitation and extermination of people in the context of internal conflict in the former Yugoslavia is a grave injustice and the result of a systematic policy of war by an unconventional state. Internal conflict requires investigation by international relations scholars because it is evidence of the changing nature of war. Given that both the methods of violence (ethnic cleansing, systematic/genocidal rape, and sexual torture) and (ethno)nationalism are gendered, a 'new' approach to war is needed. Traditional international relations theoretical approaches to the state, anarchy, and war/peace prove unable to analyze: one, the unconventional state (structure); two, the dichotomous separation of the public/international/external/formal/masculine/autonomous from the private/domestic/internal/informal/feminine/vulnerable; three, unconventional war policy; and four, the 'new' actors, the external and internal 'Others,' the 'Invisibles,' the noncombatants/ civilians, the 'women' (women and men; people with identities). Thinking that will lead to solutions for the dilemma of war, inclusively defined, will be - to employ Joy Kogawa's word - merciful; it will not exclude people and, while critical, it will be hopeful that the protection of both human dignity and community is in the 'national interest,' in 'our and their interest' as political/social/economic/etc. beings. Because it analyzes dichotomies and deals with the role of identity in the various aspects of (changing) war, a feminist or gendered/identity-deconstructivist approach is advanced as a means to more effectively examine internal/international conflicts, such as the former Yugoslav wars - i.e., unconventional wars whose character challenges the rigid traditionalist international relations definition of war.

This thesis examines the international legal framework for the protection of civilians in military occupation and armed conflict, and whether it sufficiently provides for appropriate legal (and factual) protection to civilians. The situations of Palestinians living in the Israeli occupied Palestinian territory (oPt - Palestine) and civilians subject to the armed conflicts and military occupations in Afghanistan and Iraq, and the legal protections offered to them by International Humanitarian Law (IHL), international human rights law (IHRL), and accountability mechanisms under international criminal law (ICL) are specifically examined. IHL and IHRL apply concurrently in military occupation and armed conflict, although IHL serves as the lex specialis. However, IHL and IHRL have largely failed to provide Palestinians minimum safeguards because of Israel's view that, except for principles of IHL embodied in customary international law, no IHL or human rights treaties apply to Palestinians living in the oPt. On Afghanistan and Iraq, the factual application of principles of IHL and IHRL to protect civilians and non-combatants remains problematic owing to factors, including: arguments about when international armed conflict, military occupation, and non-international armed conflict commenced and ended, and the content of applicable rules; the existence of weak central governments which cannot ensure application of the rules by their security forces in conflict areas; the non-application of human rights standards by the International Military Forces (IMF) in military operations; and non-State actors participating in hostilities who do not view themselves as bound by the relevant rules. The lack of consistent adherence to applicable norms or narrow interpretations of obligations by responsible actors, and lack of consistent enforcement or accountability at the national and international levels through the UN Security Council, the International Court of Justice or the International Criminal Court, or the lack of diplomatic, political, economic or legal action by the international community, means that application of the rules protecting civilians are largely left to the will of the parties (both State and non-State). International criminal law, as an accountability mechanism, is also problematic. Not all States are signatories to the ICC Statute, and its jurisdiction only becomes active if the relevant State is unwilling or unable to deal effectively with alleged breaches. Furthermore, very few States are willing to accept universal jurisdiction in relation to non-nationals accused of committing breaches or violations without a sufficient connection to their jurisdiction. To address the gap between the legal and factual protection of civilians, greater coherence and effective action by the international community is required to ensure respect and implementation of the rules and effectiveness of mechanisms of accountability and redress. Until such seriousness of intent is exhibited, legal protections offered to civilians living under military occupation or armed conflict will remain deficient- leaving civilians to continue to suffer disproportionately, such as in Afghanistan and Iraq, and particularly the Palestinian people, many of who have endured 60 years of displacement and 45 years of occupation, with little respect for their protection or their legal rights and with little prospect of redress in sight.

International humanitarian law, international criminal law and international human rights law all share the common goal of seeking to regulate the behavior of international actors in relation to the three most serious offences under international law - genocide, war crimes and crimes against humanity. International legal rules, processes and institutions within these three areas of law represent the international community's ongoing quest to address and prevent the commission of these crimes - to create "a more humane world under law." International law has therefore been relied upon as the primary - arguably exclusive - mechanism for prescribing rules of conduct and for enforcing prescribed rules. It is clear, however, that the legal framework alone has not been able to bridge the gap between internationally agreed standards and substantive practice on the part of international actors. That international law comprises only a partial solution to the problem of human rights atrocities is well recognized. It is argued here that the international community's preoccupation with international law as the means for regulating State and individual behavior in this area has in fact contributed to continuing problems of non-compliance as much as it has assisted in engendering compliance with the law. In other words, law is as much a part of the problem as it is a part of the solution. It is argued that the international community must look beyond the law, to non-traditional, informal influences operating alongside the law, in order to move towards the goal of effective enforcement of the law prohibiting genocide, war crimes and crimes against humanity. Based on Constructivist thinking, four key strategies - departures from traditional Positivist-Realist conceptions of the international legal system - are suggested as focal points for enhancing compliance with the laws in this area, these being: active differentiation between the target subjects of the law; utilization of the dual power of international humanitarian law; employing social norms and ethical values as motivations for compliance with the law; and embracing the informal compliance-inducing activities and powers of non-state actors. Applying these strategies to the humanitarian law enforcement project, a reversal of traditional perceptions of the influence of ethics and law in relation to individual and State target subjects respectively, is proposed as a future direction for enhancing compliance and furthering the prevention project in relation to genocide, war crimes and crimes against humanity.

On August 6, 1945 the United States of America dropped an atomic bomb on the city of Hiroshima, Japan. Three days later another atomic bomb was dropped on the city of Nagasaki, Japan. The events that led up to the United States' decision to drop the atomic bombs on Japanese cities is extensive, historical and political. President Roosevelt died, and Harry S. Truman took his place as President of the United States in April. The atomic bombs were being developed at this time as well, and in July the first one was successfully tested. It was necessary for the United States to publicly justify its use of the atomic bombs. Secretary of war, Henry L. Stimson, was chosen to write the article. In February 1947 the article, "The Decision to Use the Atomic Bomb," was published in Harper's Magazine. Stimson constructed the article in a manner that would be consistent with American ideology and could be morally accepted by the American readers. Ideology provided the framework of the selected authors for analysis of Stimson's article. The specific ideology focused on is the ideology of post World War II America. This is the ideology in which Stimson's article "lived" in, and influenced his choice of rhetoric; the main focus of the analysis is Stimson's rhetoric. Identifying the elements of the text of the article and the ideological character of that text is key to understanding Stimson's choice of rhetoric. He asked this audience to accept certain points in order to justify the United States' use of the atomic bombs. He centered the article on themes such as American dominance, leadership, and moral and intellectual superiority; he used specific words and phrases to bring these themes to light. While Stimson's article was, and is, an important source of information there were many facts and events that he excluded from it to formulate the desired version of the justification. Possibly, the most prominent of Stimson's justifications for the use of the atomic bomb was this number of American lives saved. The analysis of this article and its findings are relevant in our understanding of political reporting of important events. The importance of understanding how and why Stimson used certain rhetoric to play to American ideological standards can help Americans today and in the future to better understand the portrayals of present day media coverage and political rhetoric.
Graduation date: 2003

Mozambique is undergoing intensive socio-economic reforms to reconstruct war damages and develop the nation. The reforms consist of economic liberalisation through structural adjustment and monetarist economic stabilisation, e.g. government withdrawal from economic activities, privatisation, deregulation, reduction of tariff levels on imports and tax on investments, cuts of expenditure on social services, restrictive credit system, focus on monetarism, increased taxation on individual income, etc. The nature of these reforms, on the surface, leads to morally questionable conditions. There is social chaos and disintegration, high indices of corruption, subtle recolonisation, decline of civil services, etc. At the bottom lie the market ethics and fundamentalist theological discourse by dint of which the World Bank and the International Monetary Fund deny historical consciousness, lack institutional memory, vest themselves with unquestionable international authority, dictate and impose policies without accountability for the social consequences. If there is any hope for Mozambicans, it lies in development ethics which relies heavily on the liberation motif, historical consciousness, and African Heritage.
Philosophy, Practical & Systematic Theology
M. Th. (Theological Ethics)

1 online resource (181 leaves)
This study relies on ecocriticism as the discipline benefitting the analysis of the imagery of nature in Konstantin Paustovsky’s prose. The objective of this approach is to demonstrate that Paustovsky’s prose goes beyond of what was expected from a Soviet writer by the socialist realist dogma. This thesis attempts to prove that an ecocritical approach validates his prose as being universal in its message and thus relevant to contemporary readers. Scholars of ecocriticism ask the following questions when analysing a nature-orientated prose: what values are expressed in nature-orientated literature, does the portrayal of nature reflects the cultural values of a nation as well as the way in which a person’s interaction with his natural environment enhances or hampers his spiritual development. The timeframe, within which Paustovsky wrote his prose, should be taken into account, because it coincides with the Lenin and Stalin regimes, when any criticism of the government including its nature conservation policies was impossible. The analysis of attitudes of the Russian people towards nature in Paustovksy’prose demonstrates that it evolved from the acceptance of the official stand to the one of criticism. This research resulted in the following conclusions: Firstly Paustovsky’s view with regard to ecological problems and his solutions to these problems are on par with those of modern ecologists. The writer, for example, proposes a holistic way to undertake nature conservation, such as replacing ruined forests by the same type of trees, not interfering in the cycles of nature and stresses the importance of scientific information on how to care of the natural environment. Secondly, it is through his presentation of nature that the author familiarises the reader with the essence of the Russian culture, which is totally intertwined with the manifestations of Russian nature, such as folklore, superstitions, cultural traditions and values attached to certain animals and trees Thirdly, it has been established that the ‘external’ natural landscape of a person namely his environment, undoubtedly influences his ‘internal landscape’, his psyche. This implies that the natural environment of a person will have an influence on his psychological make-up. It is assumed that this study, in particular the use of ecocriticism as a tool to analyse literature where nature plays a role, will shed new light on the role of nature in Russian prose. This is especially the case with regard to the way in which ecological issues such as nature conservation are treated.
Classics & World Languages
D. Litt. et Phil. (Russian)

Indiana University-Purdue University Indianapolis (IUPUI)
Since the 9/11 terrorist attacks, the United States has transferred close to a hundred individuals suspected of terrorism to foreign jurisdictions through a process known as extraordinary rendition. This is an infamous program that allows for the transfer of individuals to a foreign jurisdiction for interrogation, detention, or trial. While the use of extraordinary rendition attracts widespread controversy regarding its use and legality, it remains a vital tool for combating international terrorism. Evidence in this thesis lends support to extraordinary rendition program, but recognizes that while the program strengthens the country’s ability to gather vital intelligence to combat terrorism, there are methods to improve the program. The extraordinary rendition program requires an assessment of the totality of circumstances before a extraordinary rendition is permitted; reliance on diplomatic assurances from countries that hold a good human rights record; and subsequent monitoring of individuals rendered to foreign states to ensure that transfers comply with U.S. and international law. Evidence suggests that extraordinary rendition aids in the ability to gather sensitive intelligence and serves as a gathering tool used by American presidents to preserve freedom and peace; however, in the eyes of critics, this program represents a perversely autonomous and un-American legal maneuver that avoids due process. This thesis seeks to discuss common misconceptions associated with the extraordinary rendition program and identify the major points of controversy. The first part explores the history of the extraordinary rendition program and provides an understanding of its roots and procedures. The second part, discusses the executive branch’s attempts to conduct extraordinary renditions morally and responsibly, and examines the legal oversight and accountability gaps surrounding the program. Part three identifies the line of authority empowering the President to conduct extraordinary renditions. It also outlines the struggle of the legislative, judicial and executive branches to strengthen the extraordinary rendition program’s compliance with the rule of law by increasing oversight and accountability. Finally, Part four discusses the future of the extraordinary rendition program. The discussion presents possible solutions to correct oversight and accountability problems and suggests a multi-faceted approach that raises the bar for extraordinary renditions, thereby closing the oversight and accountability gaps.

Critical Theory, as posited by members of The Frankfurt School, was evaluated with the objective of attaching an implied ethical dimension. This was discovered in their privileging of a particular type of aesthetic, as evinced in their analysis of certain works of autonomous High Modernism. This implied ethic, which is one based around the concept of enlightenment as potential for emancipation, was then applied as a norm for the evaluation of art. This ethic, however, does not seek to impose a particular reading on (specifically) literary production: Rather, it seeks to impart the importance of a commitment by the literary critic in the use of an ethically based norm, an ethic, what is more, that is based and supported by a discussion of the concepts 'freedom' and Enlightenment. Finally, with this ethic firmly established, the discussion then attempted to distinguish between modernism and post-modernism, using this implied ethic as a guide to separation.
Afrikaans & Theory of Literature
M.A. (Theory of Literature)