Military Necessity
The Art, Morality and Law of War

Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.

Nobuo Hayashi (Author)

9781108484718, Cambridge University Press

Hardback, published 26 March 2020

460 pages, 2 tables
23.4 x 15.6 x 2.9 cm, 0.75 kg

'Military necessity is an absolutely crucial, yet truly complex, concept with international humanitarian law and military ethics. How should we understand it? What trade-offs and dilemmas does it force us to face? And what do the law and actual cases tell us? Nobuo Hayashi gives us a detailed and authoritative overview that will be of great use not only to lawyers, but also to military practitioners and military ethicists.' Henrik Syse, Peace Research Institute Oslo (PRIO), Bjørknes University College, and Chief Co-Editor of the Journal of Military Ethics

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.

Part I: 1. Introduction
Part II. Military Necessity in its Material Context: 2. Fitness of means and vocational competence
3. Objections and responses
Part III. Military Necessity in Its Normative Context: 4. Military necessity and legitimacy modification
5. Inevitable conflict thesis
6. Joint satisfaction thesis I – alignment and indifference
7. Joint satisfaction thesis II – accounting for the military necessity-humanity interplay in IHL norm-creation
Part IV. Military Necessity in its Juridical Context: 8. Joint satisfaction thesis III – exclusionary and non-exclusionary effects
9. Significance and content of juridical military necessity
10. Military necessity and elements of crimes
Part V: 11. Conclusion.

Subject Areas: International humanitarian law [LBBS], Public international law [LBB], Law [L]