@article{ART002112151},
author={LEE JIN-KYU and KWON HAN-YONG},
title={A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - },
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={71},
pages={147-171}
TY - JOUR
AU - LEE JIN-KYU
AU - KWON HAN-YONG
TI - A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties -
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 71
PB - The Institute for Legal Studies Dong-A University
SP - 147
EP - 171
SN - 1225-3405
AB - An balance between military necessity and humanitarianism underlies the establishment of military necessity as a material norm within the international legal system. A variety of conditions are required for balancing between both.
As an exception, military necessity exempts certain measures from application of specific rules of international humanitarian law prescribing contrary action to the extent that the measures are required for the attainment of a military purpose. But, that does not mean that all of arbitrary measures based on military necessity are available. When such an exempt is not required any longer, it is ceased and returns to the principal rule of international humanitarian law.
Considering that the aspect of armed conflict is becoming very diverse in contemporary international society, it is required that the standard on military necessity be re-established in detail. First of all, measures taken by military necessity within legitimate standard and boundary should be distinguished from mere wanton acts. Secondly, military necessity should be invoked for only defensive and passive purpose, as an “exception” of international humanitarian law. Finally, the legitimacy of the measure based on military necessity should be estimated with the standard at that time of taking the measure.
KW - armed conflict;humanitarianism;international humanitarian law;military advantage;military necessity
DO -
UR -
ER -
LEE JIN-KYU and KWON HAN-YONG. (2016). A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - . DONG-A LAW REVIEW, 71, 147-171.
LEE JIN-KYU and KWON HAN-YONG. 2016, "A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - ", DONG-A LAW REVIEW, no.71, pp.147-171.
LEE JIN-KYU, KWON HAN-YONG "A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - " DONG-A LAW REVIEW 71 pp.147-171 (2016) : 147.
LEE JIN-KYU, KWON HAN-YONG. A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - . 2016; 71 : 147-171.
LEE JIN-KYU and KWON HAN-YONG. "A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - " DONG-A LAW REVIEW no.71(2016) : 147-171.
LEE JIN-KYU; KWON HAN-YONG. A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - . DONG-A LAW REVIEW, 71, 147-171.
LEE JIN-KYU; KWON HAN-YONG. A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - . DONG-A LAW REVIEW. 2016; 71 147-171.
LEE JIN-KYU, KWON HAN-YONG. A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - . 2016; 71 : 147-171.
LEE JIN-KYU and KWON HAN-YONG. "A Review on the ‘Military Necessity’ under International Law - With Special Reference to Related Clauses in International Humanitarian Law Treaties - " DONG-A LAW REVIEW no.71(2016) : 147-171.
