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  • 标题:Torture in Abu Ghraib: The Complaint against Donald Rumsfeld under the German Code of Crimes against International Law
  • 本地全文:下载
  • 作者:Andreas Fischer-Lescano
  • 期刊名称:German Law Journal
  • 电子版ISSN:2071-8322
  • 出版年度:2005
  • 卷号:6
  • 期号:3
  • 页码:689-724
  • DOI:10.1017/S2071832200013869
  • 出版社:Cambridge University Press
  • 摘要:The thesis that, after September 11, 2001, there were categorical differences between Europe and the U.S. in their approaches to the dangers of terrorism, rests essentially on the claim that “Old Europe's” constitutional pacifism has failed. In this view, the global pax americana has a Hobbesian commitment to military power, and this is said to be the form adequate to realize the universal concept of peace. In principle, this is not an especially original notion. Robert Kagan, who nevertheless helped it gain a certain prominence, is merely the intellectual beneficiary of a series of classical theorists of realpolitik who agreed that conflicts could, “at the end of the day,” only be settled politically and not legally. Ironically, the prophets of this thesis were confessed Old Europeans. Carl Schmitt as well as Hans Morgenthau laid the cornerstone of these forms of cosmography, insisting that, on a global level, it is not law that rules but the free interplay of state-forces.
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