Military necessity : the art, morality, and law of war / Nobuo Hayashi.
"This book asserts that, under international humanitarian law (IHL), military necessity neither obligates nor prohibits. Rather, it merely - and therefore indifferently - permits. This new theory challenges two influential views that currently exist on the subject. According to one, IHL bans un...
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| Online Access: |
Full Text (via Cambridge) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge, UK ; New York, NY :
Cambridge University Press,
2020.
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| Subjects: |
| Summary: | "This book asserts that, under international humanitarian law (IHL), military necessity neither obligates nor prohibits. Rather, it merely - and therefore indifferently - permits. This new theory challenges two influential views that currently exist on the subject. According to one, IHL bans unnecessary acts even if they do not violate any of its specific rules. Although IHL endeavours to accommodate war necessities, it does not make it its business to save incompetent belligerents from themselves. The other view holds that neither military necessity nor humanity justifies breaches of unqualified IHL rules. Military necessity clearly does not, but humanitarian imperatives may. Conversely, gross inhumanity may become unlawful even where no IHL rule specifically prohibits it"-- |
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| Physical Description: | 1 online resource (xxvii, 423 pages) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9781108689359 1108689353 1108622666 9781108622660 |
| DOI: | 10.1017/9781108689359 |
| Source of Description, Etc. Note: | Description based on online resource; title from digital title page (viewed on May 06, 2020). |