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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 | : Law |
| 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 | : 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 | : 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 | : Claus Kreß |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 527 |
| Release | : 2020-11-30 |
| Genre | : Law |
| ISBN | : 0197537375 |
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
| 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 | : |
| Author | : Paul D. Escott |
| Publisher | : Praeger |
| Total Pages | : 244 |
| Release | : 2006-01-30 |
| Genre | : History |
| ISBN | : |
Never before or since in American history have the needs and influence of the military weighed so heavily on society. Escott analyzes the militarization of life in the Confederacy and probes the relationships between military commanders, legislators, and Jefferson Davis and his administration. As the South struggled to wage an exhausting war against the North, military necessity increasingly determined policy and shaped all aspects of life. The military had an increasingly large impact not only on policy but also on events inside civil society. Military men played important roles in bringing about extensive social change, enforcing law and order, and placing significant restrictions on individual freedoms. Ultimately the crisis of the Confederacy threatened both the constitutionalism that southern politicians long had cherished and a core principle of the tradition of civil control over the military. Key figures in the army also took the lead in urging the use of slaves as soldiers and promoting the idea of emancipation. With many portraits of high-ranking generals and civil officials and telling anecdotes that reveal the nature of their relationships, this book reveals the depth of the Confederacy's social, political, and military crisis and highlights what this crisis revealed about the foundations of Confederate society.
| 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 | : Yishai Beer |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2018-04-09 |
| Genre | : Law |
| ISBN | : 0190881151 |
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
