The Ethics of Lustration
Bibliographic Data
| ID | 12160192 |
|---|---|
| Authors | Jens Meierhenrich (corresponding author) |
| Year | 2006 |
| Volume | 20 |
| Issue | 1 |
| Pages | 99-120 |
| Publication date | 2006-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Ethics & International Affairs (JOURNAL) |
| Journal identifiers | ISSN: 0892-6794 • E-ISSN: 1747-7093 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/j.1747-7093.2006.00005.x |
| OpenAlex | W2130193081 |
| Language | EN |
| Citations received | 4 |
| References cited | 13 |
One of the most important challenges for the occupation of Iraq has been making decisions about the status of people who were either responsible for or who passively benefited from the regime's past injustices. But how should such people—in this case, members of the Baath Party—be dealt with? And how have they been dealt with under the U.S. occupation? Although lustration is just one of many institutions of jus post bellum , it is arguably one of the most important. The pursuit of administrative justice affects the reconstitution of the public sphere—literally and figuratively—in more fundamental ways than most other institutions of transitional justice. Yet our understanding of the ethics of occupation in the twenty-first century continues to be incomplete, and ethical principles are needed for guiding and clarifying how occupations may justly be carried out and for establishing a legitimate role for international morals in the conduct of peace. This article develops three such principles for guiding the practice of lustration, and argues that they have been widely flouted during the occupation of Iraq. This is problematic from the perspective of jus post bellum , for to paraphrase Michael Walzer's argument in Just and Unjust Wars , the restraint of peace is the beginning of peace
Argument (complex analysis · Economic Justice · International law · Jus ad bellum · Political science · Sociology · Transitional justice · Use of force · Global Peace and Security Dynamics · Law · Torture, Ethics, and Law · War, Ethics, and Justification
Settling Accounts
Reclaiming Iraq from the Baathists
Kant, Liberal Legacies, and Foreign Affairs
Legislation and Maintenance of Public Order and Civil Life by Occupying Powers
Lustration as a Problem of the Social Basis of Constitutionalism
Occupation as Liberation
The Geneva Conventions of 1949
Jus Post Bellum
The New Iraq
The New Iraq
| Unique citing works | 4 |
|---|---|
| Citations per year | 0.22 |
| Citation span | 2008 - 2025 (18) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |