Download This PaperMilitary Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance
45 Pages Posted: 5 May 2010 Last revised: 14 Mar 2016
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: 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
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