Military necessity is a principle in warfare that permits the utilization of force to accomplish an objective, but solely if it is indispensable and not in excess. This principle was established to avert unwarranted devastation or confiscation of adversary assets during war, unless it is absolutely imperative for the triumph of the mission.
Military necessity is a fundamental principle in warfare that permits the use of force to attain a specific objective, as long as the force employed is not excessive for the given circumstances. This principle is established by the Hague Convention on Laws and Customs of War on Land of October 18, 1907, which prohibits the destruction or seizure of enemy property unless it is absolutely essential for the war effort. In the midst of a battle, a military commander may order the destruction of a bridge to impede the enemy’s advancement. This action is deemed a military necessity as it is required to achieve the desired outcome of preventing the enemy from progressing. However, if a commander were to order the destruction of a civilian hospital, this would not be considered a military necessity as it does not contribute to any military objective and would violate international law. These examples demonstrate that military necessity permits the use of force to achieve a desired end, but only when it is necessary and proportionate to the situation. It is crucial to differentiate between actions that are essential for the war effort and those that are not, as the latter can lead to war crimes and violations of international law.
Military necessity refers to the principle that allows for the use of force and other measures necessary to achieve a legitimate military objective.
Military necessity is determined based on the specific circumstances of a military operation, taking into account the threat posed by the enemy and the need to achieve the military objective.
Military necessity must be balanced with the principles of proportionality and humanity, meaning that the use of force must be necessary and not excessive, and must also take into account the protection of civilians and other non-combatants.
Military necessity can justify certain actions that would otherwise be illegal under international law, but only to the extent that they are necessary to achieve a legitimate military objective and are not excessive.
Yes, military necessity is governed by international humanitarian law, which sets out specific criteria for determining the legality of military actions.
Military necessity can be used as a defence in a war crimes trial, but it must be proven that the actions in question were truly necessary to achieve a legitimate military objective and were not excessive.
Military necessity allows for the use of force against civilians in certain circumstances, such as when they are directly participating in hostilities or posing a threat to military operations.
Military necessity can justify the destruction of civilian property if it is necessary to achieve a legitimate military objective and is not excessive.
Military necessity is a key consideration in the development of rules of engagement for military forces, helping to determine when and how force can be used in a given situation.
Military necessity requires that prisoners of war be treated humanely and in accordance with international law, while also allowing for the use of force and other measures necessary for security and discipline.
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This glossary post was last updated: 17th April 2024.
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