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This title aims to trace the various uses of the concept of necessity in international law, with the goal of determining whether there is any overarching unity to these uses across the subdisciplines of international law. The authors not only discuss necessity in international humanitarian law and jus in bello, but also aim to situate necessity as understood in IHL within a larger discourse of international law generally, and to untangle the confusing and often inconsistent usages of the term 'necessity' in these broad areas of international law, including human rights law. The authors argue that the concept of necessity in international law has three different conceptions that cut across the various domains of international law: necessity as exception, necessity as license, and necessity as regulation.
War (International law) --- Necessity (International law) --- Military necessity. --- Necessity, Military --- International law --- Hostilities --- Neutrality
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The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.
Necessity (International law) --- Military necessity. --- Armed Forces --- Aggression (International law) --- War (International law) --- Law, Military --- Military administration --- National security --- Hostilities --- International law --- Neutrality --- Necessity, Military --- Law and legislation. --- Law and legislation
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