Combattant immunity for one’s own soldiers replaced non-combatant immunity as the top norm.

Evidence

What had emerged here, very clearly, was the preeminence of a tacit normative principle that was alien to the law of armed conflicts but implicitly regarded as superior to it, namely a sui generis principle of the immunity of imperial combatants. Elshtain went on, ā€œWe violated the norm of discrimination in a strange up-ended kind of way by devising a new criterion, it seems: combatant immunity ranked higher as a consideration than did non-combatant immunity for Serbian—or Albanian Kosovar—civilians, with our determination to keep NATO soldiers—in other words, American soldiers—out of harm’s way, we embraced combatant immunity for our own combatants.ā€ — Grégoire Chamayou, A Theory of the Drone, 435

Categorization

  • DEFINE: Defines the ā€˜sui generis principle of immunity of imperial combatants’ that overturns the classic combatant/non-combatant distinction.
  • XREF: connects to: A sui generis principle of imperial-combatant immunity emerged above the law of armed conflict; Combatant immunity emerged as a de facto norm alien to just war law; Hyperprotecting soldiers shifts the burden of risk onto civilians — Grégoire Chamayou, A Theory of the Drone, 300 (+1 more)

Broader Connections