Review of Adil Haque's 'Law and Morality at War'
Forthcoming, Criminal Law & Philosophy
7 Pages Posted: 1 Jun 2019
Date Written: March 19, 2019
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.
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