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

45 Pages Posted: 5 May 2010 Last revised: 14 Mar 2016

Michael N. Schmitt

Naval War College - Stockton Center for the Study of International Law; University of Exeter Law School; Lieber Institute, USMA at West Point; Harvard Law School (PILAC)

Date Written: May 4, 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.

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

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: https://ssrn.com/abstract=1600241

Michael N. Schmitt (Contact Author)

Naval War College - Stockton Center for the Study of International Law ( 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

HOME PAGE: http://socialsciences.exeter.ac.uk/law/staff/mschmitt/

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

Harvard Law School (PILAC) ( email )

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