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- DescriptionWhy should America restrain itself in detaining, interrogating, and targeting terrorists when they show it similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules r their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.
- Author BiographyMark Osiel has written five books on the law of war, most recently Trying Tyrants: Making Sense of Mass Atrocity (Cambridge University Press, 2008) and Mass Atrocity, Ordinary Evil, and Hannah Arendt: Criminal Consciousness in Argentina's Dirty War (2002). He has lectured at the International Criminal Tribunal for the former Yugoslavia and advised on the prosecution of General Augusto Pinochet and the perpetrators of the Rwandan genocide. He regularly consults to international organizations and governments in post-conflict societies on issues of transitional justice. Osiel has been a Visiting Fellow at Cambridge University, Harvard's Kennedy School of Government, the London School of Economics, and universities in Argentina, Brazil, France, and India. He teaches law at the University of Iowa.
- Author(s)Mark J. Osiel
- PublisherCambridge University Press
- Date of Publication09/03/2009
- SubjectInternational Law: Professional
- Place of PublicationCambridge
- Country of PublicationUnited Kingdom
- ImprintCambridge University Press
- Weight900 g
- Width152 mm
- Height228 mm
- Spine30 mm
- Format DetailsTrade paperback (US)
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