International Committee of the Red Cross Library

  • English
  • Français
  • Home
  • Extended Search
  • Search for recent acquisitions
  • Predefined searches
    • Digitized heritage collection on the First Geneva Convention (1864)
      1949 Geneva Conventions : travaux préparatoires and final records
      1977 Additional Protocols : travaux préparatoires and final records
      Annual reports
      e-books

Military necessity and the cultures of military law / David Luban

  • Back to last search result
Save
    • Save

    Please click ob the desired format to save the file

    • PDF
    • Word
    • RTF
Document type:
Article
Title:
Military necessity and the cultures of military law
Author zone:
David Luban
Host item entries:
  • Leiden journal of international law, Vol. 26, no. 2, June 2013, p. 315-349
Languages:
English
Abstract:
Military and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.
Links:
  • Full text : only from ICRC headquarters
Authors:
Luban, David
Keyword in English:
IHL (INTERNATIONAL HUMANITARIAN LAW)
ETHICS
MILITARY NECESSITY
INTERPRETATION OF THE LAW
Keyword in French:
DIH
ETHIQUE
NECESSITE MILITAIRE
INTERPRETATION DU DROIT
Go to:
  • Leiden journal of international law
  • Leiden journal of international law [Vol. 26, no. 2, June 2013]

You might be interested in this too

List
0 entries
  • No entries found
  • Permalink for this page:

Contact details

ICRC Library
International Committee of the Red Cross
Avenue de la Paix 19, 1202 Geneva, Switzerland
+41 22 730 20 30
library@icrc.org

Opening hours

Monday - Friday

09:00 - 13:00


until 17:00 by prior appointment only

Quicklinks

https://www.icrc.org/en/library
http://blogs.icrc.org/cross-files/

NetBiblio WebOPAC 4.0.0.211 © Copyright 2009 - 2021 AlCoda GmbH Build Date: 03.07.2019