Military Necessity: The Art, Morality and Law of War
Nobuo Hayashi
Mar 2020 · Cambridge University Press
Ebook
453
Pages
reportRatings and reviews aren’t verified Learn More
About this ebook
What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
About the author
Nobuo Hayashi is Visiting Lecturer at the United Nations Interregional Crime and Justice Research Institute. He has two decades of experience researching, publishing, and teaching, including practice at court where he authored submissions, advised prosecutors, and delivered expert presentations at academic and diplomatic conferences. Dr Hayashi specialises in the law of armed conflict, international criminal law and public international law. His most significant works cover military necessity, threat of force, and the law and ethics of nuclear weapons.
Rate this ebook
Tell us what you think.
Reading information
Smartphones and tablets
Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.
Laptops and computers
You can listen to audiobooks purchased on Google Play using your computer's web browser.
eReaders and other devices
To read on e-ink devices like Kobo eReaders, you'll need to download a file and transfer it to your device. Follow the detailed Help Center instructions to transfer the files to supported eReaders.
