Explores the relationship between military necessity and humanity in IHL. Argues that the two principles are inherent in extant IHL norms, but do not exist as norms that are additional to the black letter. Suggests that the balance is becoming somewhat skewed.
Friday, May 7, 2010
Schmitt: Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance
Michael N. Schmitt (Durham Univ. - Law) has posted Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance (Virginia Journal of International Law, forthcoming). Here's the abstract:
