Symposium

The Liability of Ordinary Soldiers for Crimes of Aggression

Author:

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)

How to Cite: Rodin, D. (2007) “The Liability of Ordinary Soldiers for Crimes of Aggression”, Washington University Global Studies Law Review. 6(3).