Abstract
This “liability gap”-the fact that sovereigns and statesmen, but not subordinate officers and soldiers, are liable for jus ad bellum offences-is one of the great puzzles of international law and ethics. In this essay I examine the philosophical foundation of combatants’ war rights and the basis for liability for ad bellum offences. I conclude that there is at least a theoretical basis for extending liability for the crime of aggression to ordinary soldiers and lower ranking officers.
Keywords: Aggression (International law), Government liability, Military personnel, Self defense (International law), International, Self defence (International law)
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