The Military Necessity
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The Military Commander S Necessity
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Author : Sigrid Redse Johansen
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Military Commander S Necessity written by Sigrid Redse Johansen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Military Necessity In International Cultural Heritage Law
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Author : Berenika Drazewska
language : en
Publisher: BRILL
Release Date : 2021-12-13
Military Necessity In International Cultural Heritage Law written by Berenika Drazewska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Military Necessity
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Author : Nobuo Hayashi
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-26
Military Necessity written by Nobuo Hayashi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-26 with Law categories.
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Military Necessity And Just War Statecraft
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Author : Eric Patterson
language : en
Publisher: Routledge
Release Date : 2023-12-19
Military Necessity And Just War Statecraft written by Eric Patterson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-19 with categories.
This book analyses the concept of military necessity and just war thinking, and argues that it should be seen as a vital moral principle for leaders. The principle of military necessity is well-understood in the manuals of modern militaries and is recognized in the war convention. It is the idea that battlefield commanders should make every effort to win on a local battlefield, within legal means, and using proportionate and discriminating weapons and tactics. Every legal textbook on war includes military necessity as a foundational principle within the jus in bello (ethics of fighting war) alongside principles of proportionality and distinction, and it is taught in every Western military academy. Even the International Committee of the Red Cross lauds the concept as a cardinal principle of warfare. However, unlike legal scholarship, pick up a book by almost any just war thinker in philosophy, theology, or the social sciences, and the concept is missing altogether. This volume returns military necessity to just war thinking and lays out the argument for doing so. Each contributor taps into one of the many dimensions of military necessity, such as its relationship to jus ad bellum (ethics of going to war) categories (e.g. right intention), its relationship to jus in bello categories, or its application in foreign policy and military doctrine. Case studies in the book point out the practical moral dimensions of military necessity in cases from the targeted killing of terrorists to battlefield decisions that led to the use of the atomic bomb at Hiroshima. This book will be of interest to students of just war theory, military ethics, statecraft and International Relations.
Necessities Of War Requirements Of Law
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Author : Krista N. Nelson
language : en
Publisher:
Release Date : 2008
Necessities Of War Requirements Of Law written by Krista N. Nelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Military ethics categories.
The Military Necessity
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Author : Alfred de Vigny
language : en
Publisher:
Release Date : 1953
The Military Necessity written by Alfred de Vigny and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with categories.
Military Professionalism And Humanitarian Law
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Author : Yishai Beer
language : en
Publisher: Oxford University Press
Release Date : 2018-04-09
Military Professionalism And Humanitarian Law written by Yishai Beer and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-09 with Law categories.
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.
Military Necessity
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Author : Nobuo Hayashi
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-26
Military Necessity written by Nobuo Hayashi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-26 with Law categories.
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.
On Military Necessity
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Author : Sigrid Redse Johansen
language : en
Publisher:
Release Date : 2017
On Military Necessity written by Sigrid Redse Johansen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The Military Necessity Of The United States
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Author : J. A. Perry
language : en
Publisher:
Release Date : 1909
The Military Necessity Of The United States written by J. A. Perry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1909 with United States categories.