Professional failure and the degradation of international humanitarian law : narcissist responses to the post 9/11 so-called war on terrorism

Abstract

The profession of the soldier and the international humanitarian lawyer carries particular responsibility with regard to the law of armed conflict. The understanding and implementation of the law depend heavily on these two professions. Among others, their task is to identify and realize the law’s overarching meta-juridical principle of humanity, in theory and in practice on the battlefield. Yet, the frequent violations of the law and the lack of academic responses to them pose a constant challenge to both professions. The present work detects ‘self-orientedness’ and narcissism in soldiers and humanitarian lawyers that stand in blatant opposition to the dictates of the law’s meta-juridical principle of humanity. This meta-principle consists of three specific mental and emotional processes, empathy, compassion and self-constraint. Yet, ultimately the two professions’ submission to narcissism signifies the professional failure that resulted and manifested itself in the scandals and events surrounding the so-called war on terrorism. This professional failure also explains the aesthetic approach to research, and to the academic and professional responsibility. At the same time it reveals the soldiers’ and lawyers’ inhibition to undergo specific mental and emotional processes required by the meta-principle of the law. Despite the described professional failure by soldiers and lawyers, the crucial and potential role of the individual in this dynamic is emphasized through an analysis of the legal advice provided by a few individuals and the dissection of key moments on the battlefield when violations of the law are committed. Finally, Kierkegaard’s philosophy counters the encroaching ‘self-orientedness’ and idiosyncratic effects of narcissism by calling for individual moral responsibility through choice. Therein, an alternative approach is offered to understanding the law of armed conflict and improving its implementation and compliance with it.