Acknowledgments
1. Introduction : Justifying war but restricting tactics
I. The just war tradition and war crimes
II. Humanitarian concerns
III. Justificatory hurdles
IV. Classifying war crimes
V. Summary of the arguments of the book
pt. A. Philosophical groundings
2. Collective responsibility and honor during war
I. The moral equality of soldiers
II. The honor of soldiers
III. Collective responsibility for increased vulnerability
IV. Harming humanity and war crimes prosecutions
V. Protected persons during war
3. Jus gentium and minimal natural law
I. Grotius on the sources of jus gentium
II. Grotian natural law theory and the rules of war
III. Refining the principle of humanity
IV. Connecting consensual and universal sources of the rules of war
4. Humane treatment as the cornerstone of the rules of war
I. The Geneva conventions and international humanitarian law
II. The concept of humane treatment
III. Compassion and minimal suffering
IV. Mercy, equity, and honor
V. Human rights and humane treatment


pt. B. Problems in identifying war crimes
5. Killing naked soldiers : combatants and noncombatants
I. Some notes on the metaphysics of social groups
II. Identifying soldiers and civilians
III. The guilty and the innocent
IV. The case of the naked soldier
V. Saving the principle of discrimination
6. Shooting poisoned arrows : banned and accepted weapons
I. An absolute ban?
II. Gentili on the use of poisons
III. Grotius and fairness in contests
IV. Minimizing suffering
V. Poisoning and necessity
7. Torturing prisoners of war : normal and confined soldiers
I. Grotius on slaves and prisoners of war
II. Confinement and torture
III. Fiduciary and stewardship obligations
IV. The moral equality of prisoners of war
V. Refocusing the proportionality principle


pt. C. Normative principles
8. The principle of discrimination or distinction
I. Focusing on status rather than behavior
II. Humane treatment and discrimination
III. The naked soldier returns
IV. Objections
V. Individualism and collectivism
9. The principle of necessity
I. Poisons and aerial bombardment
II. Necessity and humane treatment
III. Necessity in domestic and international criminal law
IV. Formulating a test for military necessity
V. Relating proportionality and necessity
10. The principle of proportionality
I. The Israeli case
II. Humane treatment and proportionality
III. Proportionality and weighing lives
IV. Connecting the normative principles of jus in bello


pt. D. Prosecuting war crimes
11. Prosecuting soldiers for war crimes
I. The Kvocka case
II. The mens rea of camp guards
III. Criminal liability of soldiers
IV. Joint criminal liability
V. Collective liability and international crime
12. Prosecuting military leaders for war crimes
I. The case against General Blaskic
II. Blaskic's appeal
III. The mens rea of leaders
IV. Negligence in international criminal law
V. Benighting acts, willfulness, and pre-commitment
13. Commanded and commanding defenses
I. Military leaders and necessity
II. Soldiers and duress
III. Mitigation of punishment for war crimes
IV. War and coercion
V. Treating soldiers and commanders humanely
14. Epilogue and conclusions : Should terrorists be treated humanely?
I. The problem of terrorists
II. Who are the terrorists?
III. What are terrorists owed?
IV. Honor and instilling humaneness
V. Tu quoque
VI. Conclusions and the Grotian Project
Bibliography
Index.