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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| Main Author: | |
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| Format: | Book |
| Language: | English |
| Published: |
Cambridge, United Kingdom ; 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: | xxvii, 423 pages ; 24 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9781108484718 1108484719 9781108723497 1108723497 |