The Dispensable Lives of Soldiers

Abstract

Why are all soldiers fair game in war? This paper challenges the status-based distinction of the laws of war, calling instead for revised targeting doctrines that would place further limits on the killing of enemy soldiers. I argue that the chang- ing nature of wars and militaries casts doubts on the necessity of killing all enemy combatants indiscriminately. I offer two amendments: The fi rst is a reinterpretation of the principle of distinction, suggesting that the status-based classifi cation be complemented by a test of threat. Consequently, combatants who pose no real threat would be spared from direct attack. The second is a reinterpretation of the principle of mili- tary necessity, introducing a least-harmful-means test, under which an alterna- tive of capture or disabling of the enemy would be preferred to killing whenever feasible. I discuss the practical and normative implications of adopting these amend- ments, suggesting possible legal strategies of bringing them about.