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
- 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
- 12 Protection of the Civilian Population and Perceptions of Military Necessity
- 13 Military Necessity and Proportionality
- 14 Military Necessity and the Scope and Nature of Military Advantage
- 15 The Commander’s Ultimate ‘Margins’: Assessing Excessiveness and Feasibility
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
13 - Military Necessity and Proportionality
from Part III - Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
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
- 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
- 12 Protection of the Civilian Population and Perceptions of Military Necessity
- 13 Military Necessity and Proportionality
- 14 Military Necessity and the Scope and Nature of Military Advantage
- 15 The Commander’s Ultimate ‘Margins’: Assessing Excessiveness and Feasibility
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
Summary
This chapter presents the core concept of proportionality in general and under the LOAC in particular. It discusses whether proportionality is a ‘silent condition’ of military necessity.
- Type
- Chapter
- Information
- The Military Commander's NecessityThe Law of Armed Conflict and its Limits, pp. 255 - 275Publisher: Cambridge University PressPrint publication year: 2019