Abstract
Does it matter to a member of the military whether the military campaign in which he is taking part is lawful or not? Despite the observation that the crime of aggression (post Kampala 2010) constitutes a 'leadership crime par excellence,' which limits any (future) criminal responsibility accordingly, the legality or illegality of any military action under international law can create moral implications for the common foot soldier and mid-level officer and also have a tangible impact on the national legal frameworks under which these forces operate. This short article uses the example of Operation Iraqi Freedom (2003) to discuss the repercussions of a-most likely-illegal military campaign for individual members of democratic armed forces before the background of the present discussion of NATO led action in Libya.
| Original language | English |
|---|---|
| Pages (from-to) | 197-208 |
| Number of pages | 12 |
| Journal | Liverpool Law Review |
| Volume | 32 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - Nov 2011 |
| Externally published | Yes |
Fingerprint
Cite this
}
Just War and Military Morale : A Brief Reflection on the Correlation Between the Legality of War and the Moral Repercussions for Members of US and UK Forces Arising from the Questionable Legality of the Campaign Iraqi Freedom of March 2003. / Bachmann, Sascha Dominik.
In: Liverpool Law Review, Vol. 32, No. 3, 11.2011, p. 197-208.Research output: Contribution to journal › Article
TY - JOUR
T1 - Just War and Military Morale
T2 - A Brief Reflection on the Correlation Between the Legality of War and the Moral Repercussions for Members of US and UK Forces Arising from the Questionable Legality of the Campaign Iraqi Freedom of March 2003
AU - Bachmann, Sascha Dominik
PY - 2011/11
Y1 - 2011/11
N2 - Does it matter to a member of the military whether the military campaign in which he is taking part is lawful or not? Despite the observation that the crime of aggression (post Kampala 2010) constitutes a 'leadership crime par excellence,' which limits any (future) criminal responsibility accordingly, the legality or illegality of any military action under international law can create moral implications for the common foot soldier and mid-level officer and also have a tangible impact on the national legal frameworks under which these forces operate. This short article uses the example of Operation Iraqi Freedom (2003) to discuss the repercussions of a-most likely-illegal military campaign for individual members of democratic armed forces before the background of the present discussion of NATO led action in Libya.
AB - Does it matter to a member of the military whether the military campaign in which he is taking part is lawful or not? Despite the observation that the crime of aggression (post Kampala 2010) constitutes a 'leadership crime par excellence,' which limits any (future) criminal responsibility accordingly, the legality or illegality of any military action under international law can create moral implications for the common foot soldier and mid-level officer and also have a tangible impact on the national legal frameworks under which these forces operate. This short article uses the example of Operation Iraqi Freedom (2003) to discuss the repercussions of a-most likely-illegal military campaign for individual members of democratic armed forces before the background of the present discussion of NATO led action in Libya.
KW - Armed conflict
KW - Court martials
KW - Crime of aggression
KW - Legality of the use of force
KW - Military morale
KW - Operation Iraqi freedom
UR - http://www.scopus.com/inward/record.url?scp=84155180686&partnerID=8YFLogxK
U2 - 10.1007/s10991-011-9105-1
DO - 10.1007/s10991-011-9105-1
M3 - Article
VL - 32
SP - 197
EP - 208
JO - Liverpool Law Review
JF - Liverpool Law Review
SN - 0144-932X
IS - 3
ER -