Cambridge [etc.] : Cambridge University Press, 2017
Why are armies permitted to take prisoners during wartime, while guerrillas are condemned as "kidnappers" even when they capture active military servicemen, as when Hamas held Israeli soldier Gilad Shalit? This chapter defends the double standard. The central argument concerns agency, suggesting that most insurgents do not, and should not, achieve the legal status of lawful belligerents which would permit them to kill and capture with impunity. Moreover, by using their captives as bargaining chips in negotiating the release of their incarcerated comrades, insurgents violate international prohibitions on hostage taking, as well as the Kantian interdiction on exploiting human beings as means only.
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