Hidden Bibliographic Details
| ISBN: | 9781108637060
110863706X
9781108493925
9781108713610
9781316997895
1316997898
|
|---|
| Notes: | Title from publisher's bibliographic system (viewed on 02 Oct 2019).
Includes bibliographical references and index.
Online resource; title from digital title page (viewed on November 22, 2019).
|
|---|
| Summary: | The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.
|
|---|
| Other form: | Print version 9781108493925
|
|---|
