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Author: Nobuo Hayashi Publisher: Cambridge University Press ISBN: 1108662080 Category : Law Languages : en Pages : 453
Book Description
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.
Author: Berenika Drazewska Publisher: BRILL ISBN: 9004432566 Category : Law Languages : en Pages : 391
Book Description
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.
Author: Judith Gardam Publisher: Cambridge University Press ISBN: 1139456172 Category : Law Languages : en Pages : 288
Book Description
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Author: Claus Kreß Publisher: Oxford University Press, USA ISBN: 0197537375 Category : Law Languages : en Pages : 527
Book Description
"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Author: Nigel Pollard Publisher: University of Michigan Press ISBN: 0472132202 Category : History Languages : en Pages : 341
Book Description
Bombing Pompeii examines the circumstances under which over 160 Allied bombs hit the archaeological site of Pompeii in August and September 1943, and the wider significance of this event in the history of efforts to protect cultural heritage in conflict zones, a broader issue that is still of great importance. From detailed examinations of contemporary archival document, Nigel Pollard shows that the bomb damage to ancient Pompeii was accidental, and the bombs were aimed at road and rail routes close to the site in an urgent attempt to slow down the reinforcement and supply of German counter- attacks that threatened to defeat the Allied landings in the Gulf of Salerno. The book sets this event, along with other instances of damage and risk to cultural heritage in Italy in the Second World War, in the context of the development of the Allied Monuments, Fine Arts, and Archives – the “Monuments Men.”
Author: Paul D. Escott Publisher: Praeger ISBN: Category : History Languages : en Pages : 244
Book Description
Never before or since in American history have the needs and influence of the military weighed so heavily on society. Escott analyzes the militarization of life in the Confederacy and probes the relationships between military commanders, legislators, and Jefferson Davis and his administration. As the South struggled to wage an exhausting war against the North, military necessity increasingly determined policy and shaped all aspects of life. The military had an increasingly large impact not only on policy but also on events inside civil society. Military men played important roles in bringing about extensive social change, enforcing law and order, and placing significant restrictions on individual freedoms. Ultimately the crisis of the Confederacy threatened both the constitutionalism that southern politicians long had cherished and a core principle of the tradition of civil control over the military. Key figures in the army also took the lead in urging the use of slaves as soldiers and promoting the idea of emancipation. With many portraits of high-ranking generals and civil officials and telling anecdotes that reveal the nature of their relationships, this book reveals the depth of the Confederacy's social, political, and military crisis and highlights what this crisis revealed about the foundations of Confederate society.
Author: Isabel V. Hull Publisher: Cornell University Press ISBN: 0801470641 Category : History Languages : en Pages : 462
Book Description
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
Author: Sigrid Redse Johansen
Author: Sigrid Redse Johansen
Author: Nobuo Hayashi
Author: Berenika Drazewska
Author: Judith Gardam
Author: Claus Kreß
Author: Nigel Pollard
Author: Paul D. Escott
Author: Nobuo Hayashi
Author: Isabel V. Hull
Author: Carl von Clausewitz