Bachmann, Sascha-Dominik (2011) 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. Liverpool Law Review, 32 (3). pp. 197-208. ISSN 0144-932X

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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.

Item Type:	Article
Additional Information:	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.
Keywords:	Post-war History, 1945 on, Humanitarian Intervention, Libya, NATO, Operation Iraqi Freedom
Subjects:	V Historical and Philosophical studies > V590 Philosophy not elsewhere classified V Historical and Philosophical studies > V148 Modern History 2000-2099 M Law > M130 Public International Law
Divisions:	College of Social Sciences > Faculty of Business & Law > Lincoln Law School
Depositing User:	Sascha Bachmann
Date Deposited:	04 Oct 2012 20:40
Last Modified:	13 Mar 2013 09:15
URI:	http://eprints.lincoln.ac.uk/id/eprint/6423

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