Washington University Global Studies Law Review
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.
The Liability of Ordinary Soldiers for Crimes of Aggression,
Wash. U. Global Stud. L. Rev.