The Ordinary Soldier in Military Organization: Is International Criminal Law Delusional About Human Agency?

This article critically examines the assumptions of individual criminal responsibility in international criminal law, particularly as applied to ordinary soldiers within military organizations. It argues that the military, as a "total institution," profoundly shapes soldiers' normative judgment and behavior through rigorous training, strict hierarchy, group conformity, and moral disengagement, thereby undermining the law's premise of autonomous, rational human agency. The article highlights how these institutional and situational factors can erode soldiers' moral capacities, complicate their ability to discern legality, and diminish their personal responsibility, raising questions about the fairness and effectiveness of holding individuals fully accountable for war crimes. It further warns against the risk of scapegoating lower-ranking soldiers while minimizing institutional and leadership responsibility, advocating for a more nuanced legal approach that incorporates social psychological insights to better address the complex realities of military environments in war crimes trials.