Book contents
- The Military Commander’s Necessity
- The Military Commander’s Necessity
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Table of Treaties
- 1 Introduction
- Part I Concept, History and Basics
- 2 Elements of Military Necessity
- 3 Military Necessity and Its History
- 4 Assessing Military Necessity through a Military Margin of Appreciation
- 5 Assessing Necessity and Criminal Responsibility
- 6 Military Necessity and Humanitarian Considerations
- Part II Distinction As Limitation upon Military Necessity in the Law of Armed Conflict
- Part III Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
4 - Assessing Military Necessity through a Military Margin of Appreciation
from Part I - Concept, History and Basics
Published online by Cambridge University Press: 30 September 2019
Book contents
- The Military Commander’s Necessity
- The Military Commander’s Necessity
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Table of Treaties
- 1 Introduction
- Part I Concept, History and Basics
- 2 Elements of Military Necessity
- 3 Military Necessity and Its History
- 4 Assessing Military Necessity through a Military Margin of Appreciation
- 5 Assessing Necessity and Criminal Responsibility
- 6 Military Necessity and Humanitarian Considerations
- Part II Distinction As Limitation upon Military Necessity in the Law of Armed Conflict
- Part III Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
Summary
This chapter presents the military margin of appreciation as a construct of military necessity. More closely, the relationship between the concept of necessity and the commander assessing necessity.
- Type
- Chapter
- Information
- The Military Commander's NecessityThe Law of Armed Conflict and its Limits, pp. 64 - 89Publisher: Cambridge University PressPrint publication year: 2019