Moral equality of soldiers in war: Necessity of separating jus ad bellum from jus in bello
In a world and age in which wars are a daily phenomenon, soldiers and combatants are often times judged as moral or immoral based on the morality of the war they are fighting. This is not the right path to take, as soldiers are to be judged solely for the way they are fighting in a war, not based on...
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| Format: | Article |
| Language: | English |
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Ministry of Defence of Serbia - Military Publishing House, Belgrade
2016-01-01
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| Series: | Војно дело |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0042-8426/2016/0042-84261608033S.pdf |
| Summary: | In a world and age in which wars are a daily phenomenon, soldiers and combatants are often times judged as moral or immoral based on the morality of the war they are fighting. This is not the right path to take, as soldiers are to be judged solely for the way they are fighting in a war, not based on the justification of the war itself. Soldiers do not start wars, in reality they do not even have the freedom of choice whether to fight in them or not, nor can they stop wars on their own. They are trapped in a situation they did not cause, and have no power to exit it. Their enemies are not criminals, they are also men in uniforms, following orders from their superiors. This does not mean that soldiers have no moral responsibility whatsoever, on the contrary, they are fully responsible for the way they fight, how they apply violence and how they conduct warfare, and they are to be judged for their actions in combat, and in war in general. Thus it is possible for a soldier to fight justly, even if he fights for the unjust side. Similarly, it is also possible for a soldier to be unjust, even if he is on the just side of the conflict. These two elements must be separated, and judged independently. |
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| ISSN: | 0042-8426 2683-5703 |