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.

Full Product Details

Author:   Tom Dannenbaum (Tufts University, Massachusetts)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.80cm , Height: 2.20cm , Length: 23.50cm
Weight:   0.720kg
ISBN:  

9781107169180

ISBN 10:   1107169186
Pages:   378
Publication Date:   10 May 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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.

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 `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

Author Information

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.

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