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The Crime of Aggression, Humanity, and the Soldier

The Crime of Aggression, Humanity, and the Soldier

Author: Tom Dannenbaum
Publisher: Cambridge University Press
ISBN: 9781316620397
Published In: April 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 refusal. This seeming paradox in law demands explanation.

Just as soldiers have no right not to kill in criminal wars, the death and suffering inflicted on them when they fight against aggression has been excluded repeatedly from the calculation of post-war reparations, whether monetary or symbolic. This, too, is jarring in an era of international law infused with human rights principles.

Tom Dannenbaum explores these ambiguities and paradoxes, connecting the moral and legal theory of soldiering to findings about the lived experience of soldiers, and arguments for institutional reforms through which the law would better respect the rights and responsibilities of soldiers.

Table of cases

Table of treaties and legislation

Table of other authorities

Introduction

Part I. The Criminalization of Aggression and the Putative Dissonance of the Law's Treatment of Soldiers:

1. Soldiers and the crime of aggression: required to kill for a criminal end, forgotten in wrongful death

2. Normative reasoning and international law on aggression

3. What is criminally wrongful about aggressive war?

Part II. Can International Law's Posture Towards Soldiers be Defended?:

4. Military duress

5. Shedding certain blood for uncertain reasons

6. Legal spheres and hierarchies of obligation