DOI link for Non-combatant immunity
Non-combatant immunity book
This chapter looks at some of the issues covered by jus post bellum: justice after war. The first part of the chapter considers Alex Bellamy's distinction between minimalist and maximalist approaches to post bellum obligations. It also explains Brian Orend's maximalist principles of jus post bellum, paying particular attention to the idea of reconstruction as part of a just peace. The second part of the chapter focuses on issues surrounding the prosecution of war crimes by considering the superior orders defence of war crimes, the role of duress in excusing war crimes, and the principle of command responsibility. In response to people like Michael Walzer, who argue that any normal person would have known that the orders to kill the My Lai villagers were immoral, May maintains that we cannot apply the perspective of normal people to the abnormal standards of war.