Making Super Soldiers: Command Authority and the Implications of “Getting to Yes”

The capability and will to enhance soldiers’ minds and bodies for warfare have existed throughout the centuries and across nations, from Ancient Greek hoplites partaking in wine before battle to calm nerves, to American servicemembers consuming amphetamines to remain awake during long-range reconnaissance missions in the Vietnam War. With advancements in biomedical technology, certain types of enhancements entail modifications with varying degrees of permanence to enhance battlefield performance. This Article explores the historical context and contemporary developments of biomedical enhancements, with a focus on the longstanding deference to military command authority regarding issues of individual autonomy. By examining the impacts of biomedical enhancements on military personnel and the adequacy of the current tort framework in addressing the potentially negative effects of such enhancements, this Article argues for the adoption of reversible or temporary enhancements to reconcile military necessity with medical ethics, proposing a balanced approach to safeguarding individual autonomy and communal welfare.