Abstract

As a follow-up to Stephen Deakin's analysis on the ethics of mercy killing on the battlefield in this journal, this article proposes a moral justification for this type of action, as well as a judicial framework that could clarify what qualifies as such morally permissible action. Based upon contemporary cases, it argues that the current military codes of conduct are incoherent when it comes to the punishment of soldiers who commit mercy killings, and that the military codes of justice should be amended accordingly