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Military necessity : the art, morality, and law of war / Nobuo Hayashi.

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"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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Bibliographic Details
Online Access: Full Text (via Cambridge)
Main Author: Hayashi, Nobuo (Author)
Format: Electronic eBook
Language:English
Published: Cambridge, UK ; New York, NY : Cambridge University Press, 2020.
Subjects:
Intervention (International law)
War (International law)
Humanitarian intervention > Moral and ethical aspects.
International law and human rights.
Table of Contents:
  • Cover
  • Half-title
  • Title page
  • Copyright information
  • Dedication
  • Contents
  • Acknowledgements
  • List of Treaties and Associated Instruments
  • Table of Cases
  • List of Abbreviations
  • Part I Introduction
  • 1 Introduction
  • 1.1 Towards a New Theory of Military Necessity
  • 1.2 Structure
  • 1.3 Theoretical Underpinnings
  • Part II Military Necessity in Its Material Context
  • 2 Fitness of Means and Vocational Competence
  • 2.1 Ends, Means and Circumstances
  • 2.2 No Need to Show But-for Causation
  • 2.2.1 No Causation Required
  • 2.2.2 No But-for Required
  • 2.3 Military Non-necessities
  • 2.3.1 Non-necessities Per Se: Futility and Purposelessness
  • 2.3.2 Relative Non-necessities
  • 2.3.2.1 Wastefulness
  • 2.3.2.2 Excessiveness
  • 2.3.2.3 Inappositeness
  • 2.4 Conclusion
  • 3 Objections and Responses
  • 3.1 Military Competence vs. Ethical Competence
  • 3.2 Military Competence as Ethical Competence
  • 3.3 Ethical Competence as Military Competence
  • 3.4 Conclusion
  • Part III Military Necessity in Its Normative Context
  • 4 Military Necessity and Legitimacy Modification
  • 4.1 From Materiality to Normativity
  • 4.2 Necessity, Evil and Legitimacy
  • 4.3 Purpose vis-à-vis Conduct
  • 4.3.1 Where the Purpose Sought Is Illegitimate
  • 4.3.2 Where the Purpose Sought Is Legitimate
  • 4.4 Conduct vis-à-vis Purpose
  • 4.4.1 The Conduct Is Deemed Evil
  • 4.4.1.1 The Conduct Is Deemed Evil yet Necessary
  • 4.4.1.2 The Conduct Is Deemed Evil and Unnecessary
  • 4.4.1.3 Preamble of the 1868 St. Petersburg Declaration: Evil Conduct Is Illegitimate if It Is Unnecessary
  • 4.4.2 The Conduct Is Deemed Un-evil
  • 4.4.2.1 The Conduct Is Deemed Un-evil and Necessary
  • 4.4.2.2 The Conduct Is Deemed Un-evil and Unnecessary
  • 4.4.2.3 Preamble of the 1868 St. Petersburg Declaration: Is Un-evil Conduct Illegitimate if It Is Unnecessary?
  • 4.5 Special Cases: Conduct Considered Evil in an Exclusively Self-Inflicted Way
  • 4.5.1 Minding One's Own Business?
  • 4.5.2 Are All War Crimes the Enemy's Crimes?
  • 4.5.3 Life of a Soldier
  • 4.5.4 Delegitimising Self-Inflicted Evil in War
  • 4.6 Conclusion
  • 5 Inevitable Conflict Thesis
  • 5.1 Overview
  • 5.2 Inevitability of Norm Conflicts
  • 5.2.1 Non-coincidence of Military Necessity and Humanity in Their Material Sense
  • 5.2.2 Military Necessity and Humanity as Generators of Imperatives
  • 5.2.2.1 Obligating Materially Necessary Acts
  • 5.2.2.2 Prohibiting Materially Unnecessary Acts
  • 5.2.3 Inevitable Conflict between Imperatives of Military Necessity and Imperatives of Humanity
  • 5.2.3.1 Norm Conflicts and Their Pre-emption Generally
  • 5.2.3.2 Norm Conflicts between Military Necessity and Humanity, and Their Pre-emption in IHL Norm-Creation
  • 5.3 Inadmissibility of Military Necessity and Humanity Pleas vis-à-vis All Unqualified IHL Rules
  • 5.3.1 Excluding Military Necessity and Humanity Pleas Alike

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