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7 - Joint Satisfaction Thesis II
from Part III - Military Necessity in Its Normative Context
Nobuo Hayashi
Book:

Military Necessity

Published online:

02 May 2020

Print publication:

26 March 2020, pp 149-200
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Summary

Chapter 7 demonstrates that, contra the inevitable conflict thesis, military necessity never affirmatively conflicts with humanity. Where humanity demands what military necessity permits, or where humanity condemns what military necessity merely tolerates, the belligerent always satisfies both considerations by acting as directed by humanity. IHL framers are more likely to impose unqualified prohibitions against acts deemed inhumane and unnecessary than to make humane and necessary acts obligatory. Military necessity’s normative indifference also means that, even where humanity demands unnecessary acts or condemns necessary acts, the belligerent still satisfies them jointly by acting as directed by humanity. IHL framers are then to decide whether to obligate jointly satisfactory behaviour and, if so, whether to obligate it unqualifiedly, principally, indeterminately or exceptionally.