ABSTRACT

This chapter presents an argument, dubbed the punishment argument that aims to further curtail the scope of permissible military outsourcing. According to the punishment argument, militaries require some set of individuals to exercise command, and those who do so must be public agents. The reason is that commanders are required to issue intrusive forms of punishment, such as imprisonment, and these intrusive forms of punishment should only be dispensed by public actors. Commanders are tasked with properly training their soldiers and remaining vigilant in inspecting the conduct of all persons who are placed under their command. The discipline, training, and supervision provided by commanders help guide the performance of soldiers on the battlefield. The punishment argument begins from a fairly uncontroversial proposition: collective authorizing entities must rely on individuals to exercise command over at least some individuals in war.