MILITARY NECESSITY AND THE DEMANDS OF JUSTICE - Burris M. Carnahan: Act of Justice: Lincoln's Emancipation Proclamation and the Law of War (Lexington: The University Press of Kentucky, 2007. Pp. 202. $40.00.)

2008 ◽  
Vol 70 (3) ◽  
pp. 504-508
Author(s):  
Herman Belz
Keyword(s):  
Law Of War ◽  
Military Necessity ◽  
Emancipation Proclamation ◽  
The Law ◽  
The University

The Law of War and Military Necessity

1953 ◽  
Vol 47 (2) ◽  
pp. 251-262 ◽  
Author(s):  
William Gerald Downey
Keyword(s):  
Brute Force ◽  
Law Of War ◽  
Military Necessity ◽  
Army Officers ◽  
Legal Restriction ◽  
The Law ◽  
The Military

To many international lawyers and army officers the terms “law of war” and “military necessity” are mutually incompatible. Many army officers consider the law of war as no more than a collection of pious platitudes, valueless, so they think, because it has no force and effect. Some international lawyers regard military necessity as the bête noire of international jurisprudence, destroying all legal restriction and allowinguncontrolled brute force to rage rampant over the battlefield or wherever the military have control.

Précis: The Morality and Law of War

2007 ◽  
Vol 40 (3) ◽  
pp. 670-683 ◽  
Author(s):  
Jeff McMahan
Keyword(s):  
Law School ◽  
Law Of War ◽  
Oxford University ◽  
Hebrew University ◽  
University Of Buffalo ◽  
The Law ◽  
The University ◽  
David Enoch ◽  
Oxford University Press

The following commentaries are responses to the rough drafts of six lectures—the Hourani Lectures—that I delivered at the University of Buffalo in November of 2006. This draft manuscript is being extensively revised and expanded for publication by Oxford University Press as a book provisionally called The Morality and Law of War. Even though in January 2007 the book was still both unpolished and incomplete, David Enoch at that time generously organized a workshop at the Law School of the Hebrew University of Jerusalem to discuss its ideas and arguments. George Fletcher chaired the meeting and Re'em Segev, Yuval Shany, and Noam Zohar all presented superb commentaries. The following papers have all grown out of that memorable occasion.

The Distinction between Combatant and Noncombatant in the Law of War

1945 ◽  
Vol 39 (4) ◽  
pp. 680-697 ◽  
Author(s):  
Lester Nurick
Keyword(s):  
International Law ◽  
Civilian Population ◽  
Law Of War ◽  
Military Necessity ◽  
The Law ◽  
Definition Of ◽  
Almost All

The distinction between combatants and the civilian population has been characterized not only as one of the fundamental principles of international law, but as its greatest triumph. The purpose of this paper is to show that both in point of fact and in theory the distinction has been so whittled down by the demands of military necessity that it has become more apparent than real. On occasion belligerents still give lip-service to the doctrine but when confronted with a particular military situation in the course of actual combat activities in most cases they have either refused to recognize the distinction or, possibly in order to satisfy the requirements of their legal advisers, have extended the definition of combatant to include almost all important elements of the enemy's civilian population.

Act of Justice: Lincoln's Emancipation Proclamation and the Law of War

2008 ◽  
Vol 74 (4) ◽  
pp. 978
Author(s):  
Sharon A. Roger Hepburn ◽  
Burrus M. Carnahan
Keyword(s):  
Law Of War ◽  
Emancipation Proclamation ◽  
The Law
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