Military Necessity: The Art, Morality and Law of War

Author:   Nobuo Hayashi
Publisher:   Cambridge University Press
ISBN:  

9781108484718


Pages:   460
Publication Date:   26 March 2020
Format:   Hardback
Availability:   In stock   Availability explained
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Military Necessity: The Art, Morality and Law of War


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Author:   Nobuo Hayashi
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.60cm , Height: 2.90cm , Length: 23.40cm
Weight:   0.750kg
ISBN:  

9781108484718


ISBN 10:   1108484719
Pages:   460
Publication Date:   26 March 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

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.

Reviews

'Military necessity is a notoriously difficult subject. It represents one side of the underlying principles of the law of armed conflict. Dr Hayashi engages in a nuanced discussion of the nature of the concept, and how it needs to be tempered by the principle of humanity that is its counterpoint. It is a work of great scholarship and a masterful approach to a deeply contentious area.' Robert Cryer, University of Birmingham 'Here, at last, our field gains a meticulous, comprehensive and novel examination of the law of war principle of military necessity. Dr Hayashi has delivered a supremely sophisticated and operationally informed study of the very heart of international regulation of the conduct of hostilities. This important text will be a commanding centrepiece of this subject and will inspire a generation of related scholarly commentary, juridical consideration and operational practice.' Sean Watts, United States Military Academy at West Point, Lieber Institute for the Law of Land Warfare 'During armed conflicts, acts of violence without military justification, as well as those that cause excessive collateral damage in relation to the expected military advantage, are prohibited by international humanitarian law. Military necessity is therefore at the heart of this law. Nobuo Hayashi has studied this essential question with such a depth of analysis and documentary richness that his book will certainly become indispensable for all those who apply, promote, teach, study and develop international humanitarian law.' Yves Sandoz, University of Fribourg '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), Bjorknes University College, and Chief Co-Editor of the Journal of Military Ethics 'Military necessity is a notoriously difficult subject. It represents one side of the underlying principles of the law of armed conflict. Dr Hayashi engages in a nuanced discussion of the nature of the concept, and how it needs to be tempered by the principle of humanity that is its counterpoint. It is a work of great scholarship and a masterful approach to a deeply contentious area.' Robert Cryer, University of Birmingham 'Here, at last, our field gains a meticulous, comprehensive and novel examination of the law of war principle of military necessity. Dr Hayashi has delivered a supremely sophisticated and operationally informed study of the very heart of international regulation of the conduct of hostilities. This important text will be a commanding centrepiece of this subject and will inspire a generation of related scholarly commentary, juridical consideration and operational practice.' Sean Watts, United States Military Academy at West Point, Lieber Institute for the Law of Land Warfare 'During armed conflicts, acts of violence without military justification, as well as those that cause excessive collateral damage in relation to the expected military advantage, are prohibited by international humanitarian law. Military necessity is therefore at the heart of this law. Nobuo Hayashi has studied this essential question with such a depth of analysis and documentary richness that his book will certainly become indispensable for all those who apply, promote, teach, study and develop international humanitarian law.' Yves Sandoz, University of Fribourg '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), Bjorknes University College, and Chief Co-Editor of the Journal of Military Ethics


Author Information

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.

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