What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
- Illustrates points with real-life examples from historical and modern operations and offers an exhaustive account of today's leading cases
- Combines methodologies of international law and jurisprudence with those of military history, strategy and ethics and demonstrates how various disciplines approach the subject and influence one another
- Develops a new theory that adds fresh elements and contexts to long-standing debates and enables the reader to follow the arguments critically, formulate their own views, and locate where genuine disagreement emerges
