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The crime of aggression, humanity, and the soldier
Author
Title
The crime of aggression, humanity, and the soldier / Tom Dannenbaum, Tufts University, Massachusetts.
ISBN
9781316620397
1316620395
9781107169180
1107169186
Publication
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University, 2018.
Copyright Notice Date
©2018.
Physical Description
xxvii, 352 pages ; 23 cm.
Format
Books
Language
English
Added to Catalog
July 12, 2018
Bibliography
Includes bibliographical references and index.
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.
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