How Is a Man to Decide? Unjust Combatants,Duress and McMahan’s Killing in War

Jeff McMahan’s much-discussed work Killing in War is an important part of the revisionist school of just war studies. This paper avoids discussion of McMahan’s use of human rights and examines the practical consequences of his argument about duress on soldiers to fight an unjust war. These arguments are found to be wanting and to be impractical ones that do not fit battlefield realities. The importance of the Law of Armed Conflict and the legal equality of combatants that is part of it is emphasised and accepted as the most practical way of regulating battlefield behaviour and saving lives. It is concluded that attempts to tell soldiers what to do when they may be fighting an unjust war add to their burdens and are misplaced.