THE RIGHT TO LIFE AND THE <i>JUS AD BELLUM</i>: BELLIGERENT EQUALITY AND THE DUTY TO PROSECUTE ACTS OF AGGRESSION

Abstract General Comment 36 of the Human Rights Committee, adopted in 2018, asserts that ‘States parties engaged acts aggression as defined international law, resulting deprivation life, violate ipso facto article 6 Covenant.’ One question about this claim is whether it reduces incentives for compliance with humanitarian law States and their agents—incentives provided through principles belligerent equality combatant immunity. It argued does not do so—such a worry reason to reject 36. In process, can also be shown that, if accepted, interesting another way: entails, effect, duty on prosecute insofar they entail killing, often will. This itself doctrinally innovative. As who prosecuted, political military leadership State. decision wage war unlawfully renders killings arbitrary.