Book contents
- Military Necessity
- Military Necessity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Treaties and Associated Instruments
- Table of Cases
- Abbreviations
- Part I Introduction
- Part II Military Necessity in Its Material Context
- Part III Military Necessity in Its Normative Context
- Part IV Military Necessity in Its Juridical Context
- 8 Joint Satisfaction Thesis III
- 9 Significance and Content of Juridical Military Necessity
- 10 Military Necessity and Elements of Crimes
- Part V Conclusion
- Select Bibliography
- Index
10 - Military Necessity and Elements of Crimes
from Part IV - Military Necessity in Its Juridical Context
Published online by Cambridge University Press: 02 May 2020
- Military Necessity
- Military Necessity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Treaties and Associated Instruments
- Table of Cases
- Abbreviations
- Part I Introduction
- Part II Military Necessity in Its Material Context
- Part III Military Necessity in Its Normative Context
- Part IV Military Necessity in Its Juridical Context
- 8 Joint Satisfaction Thesis III
- 9 Significance and Content of Juridical Military Necessity
- 10 Military Necessity and Elements of Crimes
- Part V Conclusion
- Select Bibliography
- Index
Summary
Chapter 10 clarifies the mechanics through which the absence of military necessity appears as an element of some offences. It also considers the element’s definitional, procedural and evidentiary ramifications, as well as its relationship to necessity as a criminal law defence. We review in detail how the International Criminal Tribunal for the Former Yugoslavia, the International Residual Mechanism for Criminal Tribunals and the International Criminal Court (ICC) have dealt with the matter. The ICC’s Rome Statute raises some concern that military necessity may be asserted as a ground for excluding criminal responsibility for war crimes when neither customary IHL nor customary international criminal law envisages its admissibility.
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- Information
- Military NecessityThe Art, Morality and Law of War, pp. 315 - 372Publisher: Cambridge University PressPrint publication year: 2020