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4 - Military Duress

from Part II - Can International Law’s Posture towards Soldiers Be Defended?

Published online by Cambridge University Press:  28 April 2018

Tom Dannenbaum
Affiliation:
Tufts University, Massachusetts
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Summary

The defining characteristic of a necessity defense of a particular institutional posture is that it endures only as far as the necessity applies and that it implies an enduring imperative to mitigate the harms whenever doing so is consistent with the institutional necessity. This chapter looks at ways in which changing patterns of war fighting have begun to call into question the enduring application, and even the foundational empirical premises, of the necessity account offered in the previous chapter. One of the most notable shifts in twenty-first century warfare has been the rise of weaponized un-manned vehicles. The absence of immediate risk to the on one side eviscerates the institutional necessity account, by nullifying the detrimental impact of war on the soldier’s jus ad bellum judgment, capacity to act, and unit cohesion. The expanding role of private military contractors calls into question the claim that strict obedience is required to ensure effective institutional performance in war. At a bare minimum, this suggests that the empirical premises of the necessity claim must be reexamined, even in the case of wars involving mutual risk.
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Publisher: Cambridge University Press
Print publication year: 2018

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  • Military Duress
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.010
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  • Military Duress
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Military Duress
  • Tom Dannenbaum, Tufts University, Massachusetts
  • Book: The Crime of Aggression, Humanity, and the Soldier
  • Online publication: 28 April 2018
  • Chapter DOI: https://doi.org/10.1017/9781316718391.010
Available formats
×