Necessity in International Law 1st Edition by Jens David Ohlin, Larry May ISBN 9780190622954 0190622954

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ISBN 10: 0190622954
ISBN 13: 9780190622954
Author: Jens David Ohlin, Larry May

Necessity in International Law 1st Edition Table of contents:

Introduction

I. Three Kinds of Necessity: Exception, License, and Constraint

II. A Roadmap

III. Normative Prescriptions

Part A: Necessity & Jus ad Bellum

1. Necessity and the Principle of Last Resort in the Just War Tradition

I. Defining Aggression in the Just War Tradition

II. Gentili and the Justification of Offensive War

III. Grotius on Fear of Attack

IV. The Grotian Principles of Last Resort and Ad Bellum Necessity

V. Last Resort as the Ultimate Restraint

VI. Equally Efficacious Means

VII. Conclusion

2. Necessity and the Use of Force in International Law

I. Necessity under Customary and Treaty Law

II. Necessity in Investor-State Arbitration

III. Necessity in Jus ad Bellum Violations

IV. Necessity as a Component of Self-Defense

V. Conclusion

Part B: Necessity & Jus in Bello

3. Necessity and Discrimination in Just War Theory

I. Necessity and Discrimination in Early Modern Just War Theory

II. Necessity and Humane Treatment

III. Luck and Necessity

IV. Military Necessity as a Form of Practical Necessity

V. Relating Jus in Bello Proportionality and Necessity

4. The Foundations of Necessity in IHL

I. The ICRC and Necessity

II. Lieber’s Conception of Necessity

III. Military Necessity at the Nuremberg Tribunals

IV. What’s Right and What’s Wrong with Lieber’s Necessity

V. Conclusion

5. Necessity in Human Rights Law and IHL

I. Human Rights Necessity

II. Combining Human Rights Necessity with IHL Necessity

III. Conclusion

6. Necessity in Criminal Law

I. Necessity in Domestic Criminal Law

II. No Constraints on the Necessity Defense

III. Ad Hoc Constraints

IV. Principled Constraints

V. Conclusion

7. Striking a Balance between Humanity and Necessity

I. Humanity

II. Humanitarianism and Human Dignity

III. Humane Treatment

IV. Dignity and Vulnerability

V. Humanitarian Rights

VI. Concluding Thoughts on the Principles of Humanity and Necessity

Part C: Applying Necessity to Contemporary Conflicts

8. Combatants and Civilians in Asymmetric Wars

I. Pirates and Insurgents at War

II. Grotius on Nonstate Actors in War

III. Jus ad Bellum Issues

IV. Jus in Bello Issues

V. Civil Wars and Civilians

9. Disabling versus Killing in War

I. Specific Prohibitions versus General Duties

II. The Hors de Combat Argument

III. Least Harmful Means Test at the Geneva Negotiations

IV. Should Jus in Bello Require Disabling before Killing?

V. Necessity and Killing Fleeing Soldiers

10. The Duty to Capture

I. Is Capture Required by Jus in Bello Necessity?

II. Are Different Rules for Civilians and Combatants Morally Legitimate?

III. Capture as a Requirement of Constitutional Necessity

IV. The Moral Arguments for a Duty to Capture

11. Force Protection

I. Understanding Force Protection

II. Jus ad Bellum Necessity and Force Protection

III. Jus in Bello Necessity and Force Protection

IV. The Hannibal Procedure

V. Reasonable Force Protection

Conclusion

Index

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