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

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

See all articles by Michael N. Schmitt

Michael N. Schmitt

University of Reading School of Law; Lieber Institute, USMA at West Point; Naval War College - Stockton Center for the Study of International Law

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)

University of Reading School of Law ( email )

Whiteknights
Reading, Berkshire RG6 6AH
United Kingdom

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

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

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