Book contents
- The Military Commander’s Necessity
- The Military Commander’s Necessity
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Table of Treaties
- 1 Introduction
- Part I Concept, History and Basics
- Part II Distinction As Limitation upon Military Necessity in the Law of Armed Conflict
- Part III Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
- 12 Protection of the Civilian Population and Perceptions of Military Necessity
- 13 Military Necessity and Proportionality
- 14 Military Necessity and the Scope and Nature of Military Advantage
- 15 The Commander’s Ultimate ‘Margins’: Assessing Excessiveness and Feasibility
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
15 - The Commander’s Ultimate ‘Margins’: Assessing Excessiveness and Feasibility
from Part III - Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
Published online by Cambridge University Press: 30 September 2019
Book contents
- The Military Commander’s Necessity
- The Military Commander’s Necessity
- Copyright page
- Dedication
- Contents
- Preface
- Table of Cases
- Table of Treaties
- 1 Introduction
- Part I Concept, History and Basics
- Part II Distinction As Limitation upon Military Necessity in the Law of Armed Conflict
- Part III Effectuating Distinction: Enforcing an Ultimate Balance between Necessities of War and Considerations of Humanity
- 12 Protection of the Civilian Population and Perceptions of Military Necessity
- 13 Military Necessity and Proportionality
- 14 Military Necessity and the Scope and Nature of Military Advantage
- 15 The Commander’s Ultimate ‘Margins’: Assessing Excessiveness and Feasibility
- Part IV The Exceptive Face of Military Necessity
- Part V Conclusions
- Bibliography
- Index
Summary
This chapter discusses the commander’s performance of the 'extremely difficult' assessments under the proportionality rule and the duty to take feasible precautions in attack. Particular examples are offered to illustrate the vague concept of excessiveness.
- Type
- Chapter
- Information
- The Military Commander's NecessityThe Law of Armed Conflict and its Limits, pp. 315 - 338Publisher: Cambridge University PressPrint publication year: 2019