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 | : Judith Gardam |
Publisher | : Cambridge University Press |
Total Pages | : 288 |
Release | : 2004-11-18 |
Genre | : Law |
ISBN | : 1139456172 |
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Author | : Nobuo Hayashi |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2020-03-26 |
Genre | : Law |
ISBN | : 1108662080 |
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
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 | : 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 | : 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 | : 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 | : Carl von Clausewitz |
Publisher | : |
Total Pages | : 388 |
Release | : 1908 |
Genre | : Military art and science |
ISBN | : |