Military Necessity in International Cultural Heritage Law

Military Necessity in International Cultural Heritage Law

Author: Berenika Drazewska

Publisher: BRILL

Published: 2021-12-13

Total Pages: 391

ISBN-13: 9004432566

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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.


Book Synopsis Military Necessity in International Cultural Heritage Law by : Berenika Drazewska

Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska and published by BRILL. This book was released on 2021-12-13 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Military Commander's Necessity

The Military Commander's Necessity

Author: Sigrid Redse Johansen

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 451

ISBN-13: 1108493920

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A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.


Book Synopsis The Military Commander's Necessity by : Sigrid Redse Johansen

Download or read book The Military Commander's Necessity written by Sigrid Redse Johansen and published by Cambridge University Press. This book was released on 2019-10-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.


Military Necessity

Military Necessity

Author: Nobuo Hayashi

Publisher: Cambridge University Press

Published: 2020-03-26

Total Pages: 453

ISBN-13: 1108662080

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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.


Book Synopsis Military Necessity by : Nobuo Hayashi

Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Necessity, Proportionality and the Use of Force by States

Necessity, Proportionality and the Use of Force by States

Author: Judith Gardam

Publisher: Cambridge University Press

Published: 2004-11-18

Total Pages: 288

ISBN-13: 1139456172

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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.


Book Synopsis Necessity, Proportionality and the Use of Force by States by : Judith Gardam

Download or read book Necessity, Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Necessity and Proportionality in International Peace and Security Law

Necessity and Proportionality in International Peace and Security Law

Author: Claus Kreß

Publisher: Oxford University Press, USA

Published: 2020-11-30

Total Pages: 527

ISBN-13: 0197537375

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"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"--


Book Synopsis Necessity and Proportionality in International Peace and Security Law by : Claus Kreß

Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--


On War

On War

Author: Carl von Clausewitz

Publisher:

Published: 1908

Total Pages: 388

ISBN-13:

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Book Synopsis On War by : Carl von Clausewitz

Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Law of War

The Law of War

Author: William H. Boothby

Publisher: Cambridge University Press

Published: 2018-03-29

Total Pages: 481

ISBN-13: 1108427588

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A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.


Book Synopsis The Law of War by : William H. Boothby

Download or read book The Law of War written by William H. Boothby and published by Cambridge University Press. This book was released on 2018-03-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.


Military Necessity

Military Necessity

Author: Nobuo Hayashi

Publisher: Cambridge University Press

Published: 2020-03-26

Total Pages: 453

ISBN-13: 1108484719

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


Book Synopsis Military Necessity by : Nobuo Hayashi

Download or read book Military Necessity written by Nobuo Hayashi and published by Cambridge University Press. This book was released on 2020-03-26 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.


Gays--in Or Out?

Gays--in Or Out?

Author: Ronald D. Ray

Publisher: Potomac Books

Published: 1993

Total Pages: 248

ISBN-13:

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The author presents evidence of his opinion that the ban of homosexuals serving in the military should be upheld, despite the announcement of the President's intention to overturn the ban.


Book Synopsis Gays--in Or Out? by : Ronald D. Ray

Download or read book Gays--in Or Out? written by Ronald D. Ray and published by Potomac Books. This book was released on 1993 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author presents evidence of his opinion that the ban of homosexuals serving in the military should be upheld, despite the announcement of the President's intention to overturn the ban.


War Crimes and Just War

War Crimes and Just War

Author: Larry May

Publisher: Cambridge University Press

Published: 2007-02-12

Total Pages: 11

ISBN-13: 1139463144

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Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.


Book Synopsis War Crimes and Just War by : Larry May

Download or read book War Crimes and Just War written by Larry May and published by Cambridge University Press. This book was released on 2007-02-12 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.