Are all soldiers created equal ? : on the equal application of the law to enhanced soldiers / Yahli Shereshevsky
Document type:
Article
Title:
Are all soldiers created equal ? : on the equal application of the law to enhanced soldiers
Author zone:
Yahli Shereshevsky
Host item entries:
- Virginia journal of international law, Vol. 61, no. 2, Winter 2021, p. 271-324
Languages:
English
Abstract:
One of the most pressing issues regarding enhanced soldiers is whether the existing legal framework, designed to regulate and safeguard the needs of conventional soldiers, can–and should–be applied differently when the subjects have qualitatively different capabilities than previously understood or considered. In this comprehensive analysis of the treatment of enhanced soldiers, various international law issues are considered, such as the use of weapons in armed conflict, the treatment of detainees, and the prohibition against torture and cruel, inhuman or degrading treatment. This Article argues that, in most cases, enhanced soldiers should not be treated differently than unenhanced soldiers, even if their capabilities are significantly advanced when compared to conventional soldiers.
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