The idea of military necessity lies at the centre of the law of
armed conflict and yet it is less than fully understood. This book
analyses which legal limits govern the commander's assessment of
military necessity, and argues that military necessity itself is
not a limitation. Military necessity calls for a highly
discretionary exercise: the assessment. Yet, there is little
guidance as to how this discretionary process should be exercised,
apart from the notions of 'a reasonable military commander'. A
reasonable assessment of 'excessive' civilian losses are presumed
to be almost intuitive. Objective standards for determining
excessive civilian losses are difficult to identify, particularly
when that 'excessiveness' will be understood in relative terms. The
perpetual question arises: are civilian losses acceptable if the
war can be won? The result is a heavy burden of assessment placed
on the shoulders of the military commander.
General
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