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
6 - Military Necessity and Humanitarian Considerations
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 gives an account of the relationship between military necessity and humanity, the status of ‘humanity’, and the general rule of limitation which denies the resort to Kriegsraison.
- Type
- Chapter
- Information
- The Military Commander's NecessityThe Law of Armed Conflict and its Limits, pp. 103 - 126Publisher: Cambridge University PressPrint publication year: 2019