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Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance


Michael N. Schmitt


Naval War College - International Law Department; University of Exeter Law School
May 4, 2010

Virginia Journal of International Law, Vol. 50, No. 4, p. 795, 2010

Abstract:     
Explores the relationship between military necessity and humanity in IHL. Agrues that the two principles are inherent in extant IHL norms, but do not exist as norms that are additional to the black letter. Suggests that the balance is becoming somewhat skewed.

Number of Pages in PDF File: 45

Keywords: humanity, necessity, humanitarian law, law of war, law of armed conflict, ihl, loac

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Date posted: May 5, 2010 ; Last revised: May 21, 2010

Suggested Citation

Schmitt, Michael N., Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance (May 4, 2010). Virginia Journal of International Law, Vol. 50, No. 4, p. 795, 2010. Available at SSRN: http://ssrn.com/abstract=1600241

Contact Information

Michael N. Schmitt (Contact Author)
Naval War College - International Law Department ( email )
686 Cushing Road
Newport, RI 02841
United States
HOME PAGE: http://www.usnwc.edu/Academics/Faculty/Michael-Schmitt.aspx
University of Exeter Law School ( email )
Exeter, EX4 4QJ
United Kingdom
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