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Military Necessity: The Art, Morality and Law of War

Military Necessity: The Art, Morality and Law of War

Author: Nobuo Hayashi
Publisher: Cambridge University Press
ISBN: 9781108484718

Published In: March 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108723497

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Description
Contents

Details

What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.

Illustrates points with real-life examples from historical and modern operations and offers an exhaustive account of today's leading cases
Combines methodologies of international law and jurisprudence with those of military history, strategy and ethics and demonstrates how various disciplines approach the subject and influence one another
Develops a new theory that adds fresh elements and contexts to long-standing debates and enables the reader to follow the arguments critically, formulate their own views, and locate where genuine disagreement emerges

Part I:

1. Introduction

Part II. Military Necessity in its Material Context:

2. Fitness of means and vocational competence

3. Objections and responses

Part III. Military Necessity in Its Normative Context:

4. Military necessity and legitimacy modification

5. Inevitable conflict thesis

6. Joint satisfaction thesis I - alignment and indifference

7. Joint satisfaction thesis II - accounting for the military necessity-humanity interplay in IHL norm-creation

Part IV. Military Necessity in its Juridical Context:

8. Joint satisfaction thesis III - exclusionary and non-exclusionary effects