Review of Adil Haque's 'Law and Morality at War'

Forthcoming, Criminal Law & Philosophy

7 Pages Posted: 1 Jun 2019

See all articles by Alejandro Chehtman

Alejandro Chehtman

Universidad Torcuato Di Tella - School of Law

Date Written: March 19, 2019

Abstract

This texts reviews Adil Haque's fundamental book Law and Morality at War (OUP, 2017). It presents some of the main ideas in the book, particularly the debate between orthodox and revisionists in contemporary just war theory, a philosophical analysis of the principles of distinction, discrimination and proportionality, and insightful analysis on discrete issues such as human shields and war crimes. The review raises three different issues regarding the book. First, it questions whether the philosophically sophisticated analysis of the key guiding principles in war can actually provide practical guidance to participants. Second, it questions Haque's defence on the symmetrical application of the rules to just and unjust combatants by suggesting that it is overinclusive. That is, "genocidal" belligerents should not enjoy this type of treatment. Finally, it suggests that in order to provide practical guidance to participants, more attention should be paid on how the law empirically affects behaviour in war.

Suggested Citation

Chehtman, Alejandro, Review of Adil Haque's 'Law and Morality at War' (March 19, 2019). Forthcoming, Criminal Law & Philosophy, Available at SSRN: https://ssrn.com/abstract=3355942

Alejandro Chehtman (Contact Author)

Universidad Torcuato Di Tella - School of Law ( email )

Figueroa Alcorta 7350
Buenos Aires, 1428
Argentina

HOME PAGE: http://www.utdt.edu/ver_contenido.php?id_contenido=7397&id_item_menu=14412

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