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Necessity in International Law (Hardcover)
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Necessity in International Law (Hardcover)
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Necessity is a notoriously dangerous and slippery concept-dangerous
because it contemplates virtually unrestrained killing in warfare
and slippery when used in conflicting ways in different areas of
international law. Jens David Ohlin and Larry May untangle these
confusing strands and perform a descriptive mapping of the ways
that necessity operates in legal and philosophical arguments in jus
ad bellum, jus in bello, human rights, and criminal law. Although
the term "necessity" is ever-present in discussions regarding the
law and ethics of killing, its meaning changes subtly depending on
the context. It is sometimes an exception, at other times a
constraint on government action, and most frequently a broad
license in war that countenances the wholesale killing of enemy
soldiers in battle. Is this legal status quo in war morally
acceptable? Ohlin and May offer a normative and philosophical
critique of international law's prevailing notion of jus in bello
necessity and suggest ways that killing in warfare could be made
more humane-not just against civilians but soldiers as well. Along
the way, the authors apply their analysis to modern asymmetric
conflicts with non-state actors and the military techniques most
likely to be used against them. Presenting a rich tapestry of
arguments from both contemporary and historical Just War theory,
Necessity in International Law is the first full-length study of
necessity as a legal and philosophical concept in international
affairs.
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