Qi Zheng’s “Carl Schmitt, Justice of War, and Individual Citizen’s Obligation” appears in Telos 187 (Summer 2019). Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.
Carl Schmitt produced the original text of “The International Crime of the War of Aggression and the Principle ‘Nullum crimen, nulla poena sine lege‘” in 1945. The fundamental issue of the text concerns an individual citizen’s obligation in international law toward his national government in the event of an unjust war. Schmitt’s analysis of the issue is based on his perception of politics as the relationship between protection and obedience. However, his understanding of this relationship is not consistent with what he proposed in his other major works, i.e., that the relationship is a collective one. In order to support the argument in his 1945 text, Schmitt completely abandoned his collective understanding of the relationship and changed it to an individualistic understanding. This paper explores the subtle but important change in Schmitt’s argument.
This paper is divided into two sections. The first section reconstructs Schmitt’s arguments on an individual citizen’s right to resistance in international law. It focuses on two questions: whether an individual citizen has the right to judge the justice of war and whether individuals have an obligation in international law to disobey the government if they find that their government is conducting an unjust war. The second section examines Schmitt’s argument about the relationship between protection and obedience.
