Chapter 8 deals with exclusion. The inevitable conflict thesis errs when it asserts that all positive IHL rules, including those that are unqualified, involve military necessity and humanity in their norm-creation. This chapter shows, rather, that IHL norm-creation does not always involve the military necessity–humanity interplay. Ill-advisedly, the inevitable conflict thesis also holds that neither military necessity nor humanity may be invoked in defence of deviations from unqualified IHL rules. While Kriegsräson and its variations are properly excluded, humanitarian imperatives may justify non-compliance with IHL and/or render technical compliance unlawful.