Crime of Aggression, Humanity, and the Soldier

Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.

List of contents

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; 7. Understanding the warrior's code; 8. Global norms, domestic institutions, and the military role; Part III. Respecting Soldiers in Institutions and Doctrine: The Internal Imperative to Reform: 9. Shifting contingencies; 10. Domestic implications; 11. An internal normative vision for international reform; Conclusion; Index.

About the author

Tom Dannenbaum is Assistant Professor of International Law at the Fletcher School of Law and Diplomacy, Tufts University, Massachusetts. His article 'Why Have We Criminalized Aggressive War?' was awarded the Lieber Prize by the American Society of International Law in 2017.

Summary

The true criminality of aggressive war is not its harm to a state. Rather, it is the fact that it entails the killing of soldiers and collateral civilians. In light of that finding, Dannenbaum exposes the moral paradoxes in the legal treatment of soldiers in war and its aftermath.

Product details

• Authors: Tom Dannenbaum, Tom (Tufts University Dannenbaum
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.05.2018
• EAN: 9781316620397
• ISBN: 978-1-316-62039-7
• No. of pages: 378
• Subjects: Social sciences, law, business > Law > International law, foreign law; Law, LAW / Criminal Law / General, POLITICAL SCIENCE / History & Theory, POLITICAL SCIENCE / International Relations / General, LAW / International, LAW / Public, International Relations, International Criminal Law, Political science & theory, Public International Law, Political science and theory, Public international law: criminal law