Military Necessity: The Art, Morality and Law of War

ISBN-13: 9781108484718 / Angielski / Twarda / 2020 / 460 str.

Nobuo Hayashi

Opis

Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

Recenzje

'Military necessity is an absolutely crucial, yet truly complex, concept with international humanitarian law and military ethics. How should we understand it? What trade-offs and dilemmas does it force us to face? And what do the law and actual cases tell us? Nobuo Hayashi gives us a detailed and authoritative overview that will be of great use not only to lawyers, but also to military practitioners and military ethicists.' Henrik Syse, Peace Research Institute Oslo (PRIO), Bjørknes University College, and Chief Co-Editor of the Journal of Military Ethics

Spis treści

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; 9. Significance and content of juridical military necessity; 10. Military necessity and elements of crimes; Part V: 11. Conclusion.