The Military Commander's Necessity: The Law of Armed Conflict and its LimitsCambridge University Press, 03.10.2019 - 428 Seiten 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. |
Inhalt
Elements of Military Necessity | 25 |
Military Necessity and Its History | 48 |
Assessing Military Necessity through a Military Margin | 64 |
Assessing Necessity and Criminal Responsibility | 90 |
Military Necessity and Humanitarian Considerations | 103 |
Also a Limitation upon Military | 129 |
Military Objects | 145 |
Combatants As Lawful Targets | 163 |
EFFECTUATING DISTINCTION ENFORCING | 229 |
Military Necessity and Proportionality | 255 |
Military Necessity and the Scope and Nature of Military | 276 |
Assessing | 315 |
Destruction and Seizure of Property When Military Necessity | 341 |
Military Necessity and Rules on Special Protection | 363 |
Limitations to the Commanders Assessment | 399 |
Bibliography | 410 |
Military Necessity and the Notion of Lawful Combatancy | 180 |
Who Are Civilians and When Do They Lose Their Protection? | 207 |
| 426 | |
Andere Ausgaben - Alle anzeigen
The Military Commander's Necessity: The Law of Armed Conflict and its Limits Sigrid Redse Johansen Eingeschränkte Leseprobe - 2019 |
The Military Commander's Necessity: The Law of Armed Conflict and its Limits Sigrid Redse Johansen Keine Leseprobe verfügbar - 2021 |
Häufige Begriffe und Wortgruppen
1907 Hague Regulations AMW Manual AP I article AP I Commentary application area bombardment argues armed conflict armed forces belligerent Boothby Chapter civilian objects civilian population collateral damage commander’s assessment concept of military Conduct of Hostilities crime customary law dealt definition of military destruction of property Dinstein Diplomatic Conference DoD Manual enemy example GC III article GC IV Hague Convention Ibid ICRC Commentary ICTY international humanitarian law international law Interpretive Guidance jus ad bellum jus in bello Kalshoven Kriegsraison Law of Targeting law of war lawful combatancy lawful targets Laws of Armed Lieber Code limited LOAC margin of appreciation Martens Clause means military advantage military commander military necessity Norwegian Manual notion participation in hostilities Partsch and Solf practice principle of distinction prohibition proportionality rule Protocol provision question reference regard reprisals requirement Rome Statute Schmitt scope Section St Petersburg Declaration status treaty law Tribunal UK Manual unlawful warfare weapons