The Military Commander's Necessity The Law of Armed Conflict and its Limits

The Military Commander's Necessity The Law of Armed Conflict and its Limits

The Military Commander's NecessityThe Law of Armed Conflict and its Limits\nAuthor(s): Sigrid Redse Johansen\nFormat: Paperback\nPublisher: Cambridge University Press, United Kingdom\nImprint: Cambridge University Press\nISBN-13: 9781108713610, 978-1108713610\nSynopsis\nThe 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' .

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