The Crime of Aggression, Humanity, and the Soldier

by Tom Dannenbaum

Overview

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, and argues for institutional reforms through which the law would better respect the rights and responsibilities of soldiers.

Product Details

ISBN-13:	9781316761724
Publisher:	Cambridge University Press
Publication date:	05/10/2018
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

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.

Table 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.

Editorial Reviews

‘This book is a major contribution to the field, and cannot be overlooked by anyone with either a practical or theoretical interest in the crime of aggression. … The Crime of Aggression, Humanity and the Soldier excels in the challenging task of transposing ethical concepts into detailed suggestions for legal reform. By constantly considering the institutional and practical implications of its proposals, the book remains grounded and does not veer off to utopianism. Moreover, it is well structured, expertly written, and never digresses from its main argument. This book will surely be central in shaping the debate on the crime of aggression in the years to come.’ Eliav Lieblich, American Journal of International Law

‘… a fascinating argument for using this new law to buttress conscientious objection by military personnel in countries engaged in - or about to be engaged in - a war of aggression.’ Tanisha M. Fazal, Ethics and International Affairs

‘The strength of this work lies in the remarkable quality of the research. Many sources support the argument. Dannenbaum did not limit himself to documents of an international nature … He therefore succeeds in sensitizing us on the dilemmas facing soldiers and the insufficient consideration of the international community towards them …This book is distinguished by its comprehensiveness: the crime of aggression and the military functioning that is related to it are studied from all angles.’ Amélie Gravel, Quebec Journal of International Law

‘Tom Dannenbaum’s excellent book … [is] unparalleled in the depth and breadth of its critical treatment of legal rules pertaining to human security, including international legal rules … on the use of force, international humanitarian law, international human rights law and refugee law … one may agree or disagree with the author ́s main arguments but one certainly cannot remain indifferent to his expert creativity and scholarly courage. The book is so much unlike anything else written on aggression so far that it deserves to be read for this reason alone. A break with convention, the book is a prime example of critical international law, and I cannot recommend it too highly.’ Sergey Sayapin, Journal of International Criminal Justice

‘Readers will find themselves immersed in an immensely thoughtful and thought-provoking book, one that manages a rare feat by weaving together compassion with erudite scholarly research.’ Mark Kersten, International Journal of Transitional Justice

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