Why Should the Innocent Suffer? Mental Harm as Disability and the Establishment of a Post Bellum Duty of Care for Enemy Civilians
Abstract:
Over the last few years, scholars have argued that civilian mental harm should be taken into consideration as a measure in the realms of targeting decision and have proceeded to define such civilian mental harm as associated with post-traumatic stress disorder (PTSD) or brain injuries. Yet, nothing has been said on the need for civilian mental harm to establish duties not only in the heat of the battle, but also in its aftermath. Along these lines, discussing the correlation of civilian mental harm with the notion of disability, given that the latter has been delineated in the U.N. Convention on the Rights of Persons with Disabilities, this Essay analyzes how civilian mental harm should be seen as the basis and factual background of a post bellum duty of care towards enemy civilians.
Recommended Citation: Solon Solomon, Why Should the Innocent Suffer? Mental Harm as Disability and the Establishment of a Post Bellum Duty of Care for Enemy Civilians, 48 Fordham Int'l L.J. 153 (2024).