On Military Necessity
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Author | : Berenika Drazewska |
Publisher | : BRILL |
Total Pages | : 391 |
Release | : 2021-12-13 |
Genre | : Law |
ISBN | : 9004432566 |
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Author | : Sigrid Redse Johansen |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2019-10-03 |
Genre | : History |
ISBN | : 1108493920 |
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Author | : Nobuo Hayashi |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2020-03-26 |
Genre | : Law |
ISBN | : 1108484719 |
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Author | : Yishai Beer |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2018 |
Genre | : History |
ISBN | : 0190881143 |
Revitalizing the concept of military necessity -- Lawful war of self-defense : when not to be a sitting duck -- Military strategy : the blind spot of international humanitarian law -- Defensive deterrence : legalizing the stepchild of international law.
Author | : Larry May |
Publisher | : Cambridge University Press |
Total Pages | : 11 |
Release | : 2007-02-12 |
Genre | : Philosophy |
ISBN | : 1139463144 |
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
Author | : William H. Boothby |
Publisher | : Cambridge University Press |
Total Pages | : 481 |
Release | : 2018-03-29 |
Genre | : History |
ISBN | : 1108427588 |
A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
Author | : Isabel V. Hull |
Publisher | : Cornell University Press |
Total Pages | : 425 |
Release | : 2014-04-16 |
Genre | : History |
ISBN | : 0801470641 |
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Author | : Carl von Clausewitz |
Publisher | : |
Total Pages | : 388 |
Release | : 1908 |
Genre | : Military art and science |
ISBN | : |
Author | : Claus Kreß |
Publisher | : Oxford University Press |
Total Pages | : 488 |
Release | : 2020-10-01 |
Genre | : Law |
ISBN | : 0197537391 |
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Author | : Andrew Clapham |
Publisher | : Oxford University Press |
Total Pages | : 625 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0198810466 |
This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.