The Practical Guide to Humanitarian Law by unknow

Author:unknow
Language: eng
Format: epub
Publisher: Rowman & Littlefield Publishers
Published: 2013-08-15T00:00:00+00:00

➔Aggression; Annexation; Attacks; Blockade; Bombardment; Cease-fire; Duty of commanders; Evacuation; Extermination; Famine; Geneva Conventions and Protocols; The Hague Conventions; Hostages; Human shields; International Criminal Court; Military necessity; Military objectives; Mines; Population displacement; Proportionality; Reprisals; Requisition; Siege; War; War crimes/Crimes against humanity; Weapons

For Additional Information:

Bouchié de Belle, Stéphanie. “Chained to Cannons or Wearing Targets on Their T-shirts: Human Shields in International Humanitarian Law.” International Review of the Red Cross 872 (December 2008): 883–906.

Dinstein, Yoram. The Conduct of Hostilities under the Law of International Armed Conflict. Cambridge: Cambridge University Press, 2004.

Henckaerts, Jean-Marie, and Louise Doswald-Beck, eds. Customary International Law. Vol. 1, The Rules. Cambridge: Cambridge University Press, 2005, esp. parts 3 and 4.

Kretzmer, D. “Targeted Killings of Suspected Terrorists: Extra-Judicial Execution or Legitimate Means of Defence?” European Journal of International Law 16, no. 2 (2005): 171–212.

John-Hopkins, Michael. “Regulating the Conduct of Urban Warfare: Lessons from Contemporary Asymmetric Armed Conflicts.” International Review of the Red Cross 878 (June 2010): 469–93.

“Methods of Warfare.” International Review of the Red Cross 864 (December 2006): 717–963.

Mulinen, Frederic de. Handbook on the Law of War for Armed Forces. Geneva: ICRC, 1989.

Munir, Muhammad. “Suicide Attacks and Islamic Law.” International Review of the Red Cross 869 (March 2008): 71–89.

Quéguiner, Jean François. “Precautions under the Law Governing the Conduct of Hostilities.” International Review of the Red Cross 864 (December 2006): 793–821.

Vautravers, Alexandre. “Military Operations in Urban Areas.” International Review of the Red Cross 878 (June 2010): 437–52.

■Military Necessity

In times of conflict, military necessity is the notion used to justify the recourse to violence. Any violence or destruction that is not justified by military necessity is prohibited by the law of armed conflict. The use of armed force is legitimate only when attempting to attain specific military objectives, and then only as long as it stays within the limits of the principle of proportionality.

Conversely, this notion can serve to contest the use of armed force if it seems that the violence or destruction were:

•unnecessary—the target or victims were not linked to a specific military objective;

•disproportionate—the military advantage was not proportionate to the collateral damage to civilians;

•indiscriminate—the attack did not distinguish between military objectives and civilian objects;

•aimed at spreading terror among the civilian population.

➔Attacks; Methods (and means) of warfare; Military objectives; Proportionality; Protected objects and property; War

For Additional Information:

Dinstein, Yoram. The Conduct of Hostilities under the Law of International Armed Conflict. Cambridge: Cambridge University Press, 2004.

Draper, G. I. A. D. “Military Necessity and Humanitarian Imperatives.” Military Law and Law of War Review (1973): 129–51.

Dworkin, Anthony. “Military Necessity and Due Process: The Place of Human Rights in the War on Terror.” In New Wars, New Laws?, edited by David Wippman and Matthew Evangelista, 53–73. Ardsley, NY: Transnational, 2004.

Henckaerts, Jean-Marie, and Louise Doswald-Beck, eds. Customary International Law. Vol. 1, The Rules. Cambridge: Cambridge University Press, 2005, part 1.

ICTY. Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign against the Federal Republic of Yugoslavia. 8 June 2000. Available at http://www.un.org/icty/pressreal/nato061300.htm.

Jaworski, Eric. “Military Necessity and Civilian Immunity: Where Is the Balance?” In International Crime and Punishment, Selected Issues, vol.

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