The crime of aggression, humanity, and the soldier
The international criminality of waging illegal war, alongside only a few of the gravest human wrongs, is rooted not in its violation of sovereignty, but in the large-scale killing war entails. Yet when soldiers refuse to kill in illegal wars, nothing shields them from criminal sanction for that ref...
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| Format: | eBook |
| Language: | English |
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Cambridge
Cambridge University Press
2018
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| Collection: | Cambridge Books Online - Collection details see MPG.ReNa |
Table of Contents:
- Introduction
- The criminalization of aggression and the putative dissonance of the law's treatment of soldiers
- Soldiers and the crime of aggression: required to kill for a criminal end, forgotten in wrongful death
- The criminalization of aggression
- The duty to disobey illegal orders
- The law of being forced to kill in a wrongful war
- Victims' participation and reparations
- The human stakes: moral and physical wounds
- Normative reasoning and international law on aggression
- What it means to offer a normative account
- The realist objection
- Why the legal status of soldiers' wounds matters
- What is criminally wrongful about aggressive war?
- The orthodox account: the moral value of states
- The wrong of criminal aggression: unjustified killing and violence
- Two possible problem cases for the unjustified killing account
- What this means for the soldier
- Can international law's posture towards soldiers be defended?
- Military duress
- Duress and culpability
- Answering the wrong question: moral perspectives
- The tragedy of deaths on both sides
- Shedding certain blood for uncertain reasons
- Invincible ignorance and the fog of criminal war
- A spectrum of uncertainty
- The normative vincibility of ignorance
- Why uncertainty mandates restraint
- The structure of the jus ad bellum
- Deference
- The implications of the vincibility of ignorance
- Legal spheres and hierarchies of obligation
- Political deference and international crime
- Associative ties and the responsibility to protect
- The myth of an aggressive moment
- Revising the invincible ignorance account
- Conflicting obligations and the right to do the right thing
- Civilian control of the military
- Political obligation, associative duties, and reparations
- Understanding the warrior's code
- The war convention and mitigating the hell of war
- The normative force of convention
- The warrior's code and combatant reparations
- The warrior's code and immunity vs. non-culpability
- A jus ad bellum crime of appropriately narrow scope
- Global norms, domestic institutions, and the military role
- Obedience and military functioning
- The question of interpretive authority
- Military functioning and soldiers making evaluative decisions
- International law, global human security, and military competence
- The enduring culpability of obedient participation in illegal wars
- The necessity of enforced culpability
- Necessity and victim status
- Respecting soldiers in institutions and doctrine: the internal imperative to reform
- Shifting contingencies
- Remotely fought or low-risk wars
- The rise of private contractors
- The timing of disobedience protection
- The contingency of necessity
- Victim status
- Domestic implications
- The domestic significance of the jus ad bellum
- Deference and the value of a devil's advocate
- A limited right to disobey orders to fight in illegal wars
- Reflecting on why we fought: institutionalizing the post-war commission of inquiry
- Unlawful but justified
- Evaluating reform
- An internal normative vision for international reform
- From deserter to refugee
- The jus ad bellum and the human rights of rights defenders
- The crime of aggression and the soldier's right to life
- Conclusion