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self-inflicted evil

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4 - Military Necessity and Legitimacy Modification
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 53-97
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Summary

Chapter 4 shows that military necessity can affect the legitimacy of a belligerent act where the act is deemed evil and its purpose is considered legitimate. In no other circumstances, however, does an act’s legitimacy depend on whether it is materially necessary. As far as IHL norm-creation is concerned, the lack of material military necessity per se is never a reason for a belligerent act’s illegitimacy. If a warring party encumbers itself with missed opportunities and mounting blunders, it has only itself to blame. Nevertheless, in some circumstances, IHL does delegitimise exclusively self-inflicted evil, and it does mandate action with a view to reducing such evil.