Military Necessity The Art, Morality, and Law of War

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.

ISBN:	9781108484718
Publisher:	Cambridge University Press
Imprint:	Cambridge University Press
Published date:	26 Mar 2020
DEWEY:	341.63
DEWEY edition:	23
Language:	English
Number of pages:	460
Weight:	75g
Height:	234mm
Width:	156mm
Spine width:	29mm

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