Book contents
- Military Necessity
- Military Necessity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Treaties and Associated Instruments
- Table of Cases
- Abbreviations
- Part I Introduction
- Part II Military Necessity in Its Material Context
- Part III Military Necessity in Its Normative Context
- 4 Military Necessity and Legitimacy Modification
- 5 Inevitable Conflict Thesis
- 6 Joint Satisfaction Thesis I
- 7 Joint Satisfaction Thesis II
- Part IV Military Necessity in Its Juridical Context
- Part V Conclusion
- Select Bibliography
- Index
6 - Joint Satisfaction Thesis I
Alignment and Indifference
from Part III - Military Necessity in Its Normative Context
Published online by Cambridge University Press: 02 May 2020
- Military Necessity
- Military Necessity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Treaties and Associated Instruments
- Table of Cases
- Abbreviations
- Part I Introduction
- Part II Military Necessity in Its Material Context
- Part III Military Necessity in Its Normative Context
- 4 Military Necessity and Legitimacy Modification
- 5 Inevitable Conflict Thesis
- 6 Joint Satisfaction Thesis I
- 7 Joint Satisfaction Thesis II
- Part IV Military Necessity in Its Juridical Context
- Part V Conclusion
- Select Bibliography
- Index
Summary
Chapter 6 revises two of the shortcomings from which the inevitable conflict thesis suffers. First, the inevitable conflict thesis claims that military necessity and humanity in their material context never coincide. On the contrary, there are numerous instances where a belligerent act is both humane and necessary, or both inhumane and unnecessary, as the case may be. Second, according to the inevitable conflict thesis, both military necessity and humanity generate imperatives. For the purposes of IHL norm-creation, however, there is simply no reason why materially necessary acts should be performed, or why materially unnecessary ones should be avoided. This shows that military necessity is normatively indifferent. Although humanity generates imperatives in many cases, it also remains indifferent in others.
Keywords
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- Information
- Military NecessityThe Art, Morality and Law of War, pp. 120 - 148Publisher: Cambridge University PressPrint publication year: 2020