Arts and Humanities Commons^™

Combatant’S Privilege Reconsidered, Harry Van Der Linden

Scholarship and Professional Work - LAS

International law grants to legitimate combatants the right to kill enemy soldiers both in wars of aggression and defensive wars. A main argument in support of this “combatant’s privilege” is Michael Walzer’s doctrine of the “moral equality of soldiers.” The doctrine argues that soldiers fighting in wars of aggression and defensive wars have the same moral status because they both typically believe that justice is on their side, and their moral choices are equally severely restricted by the overwhelming coercive powers of the state, including propaganda, conscription, and harsh penalties for the refusal to fight. Recently, this doctrine has been …