The Impact of Strategic Considerations on the Principle of "Military Necessity" in the Law of War

Document Type : Original Article

Authors

1 Assistant Professor, Department of International Law, Payame Noor University,P.O. Box 19395-4697, Tehran, Iran

2 PhD Student, Department of International Law, Payame Noor University, P.O. Box 19395-4697, Tehran, Iran

10.30510/psi.2022.292013.1880

Abstract

The impact of strategy and strategic considerations on the phenomenon of war, whether in deciding whether or not to wage war or how it is waged, is undeniable. But the answer to the question of which aspects of war law have been affected by these considerations, and what has been the impact on each of these aspects? The law of war as a whole is formed by considering these considerations as a set of principled rights, by trying to strike a balance between the principle of military necessity and the principle of humanity, and for this reason its rules are general and applicable. Such features make the interpretation and application of the law of war, especially its fundamental principles, more susceptible to the influence of such considerations. This article seeks to identify these effects, especially on the principle of military necessity, and to reveal the aspects and manner of these effects on the principle. The findings of this study showed that although strategic considerations have had a significant impact on the basic principles and rules governing the law of war, they have often been ignored by jurists and international judicial authorities in this field.

Keywords

Political Sociology of Iran
Volume 5, Issue 5
August 2022
Pages 541-557

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