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The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...
Holmes (1842) and discussing the various theoretical and ethical arguments in favour of a necessity defence. At the end of his submissions, the judges withdrew. They returned after a few moments and Lord Coleridge declared, "We are all of the opinion that the conviction should be affirmed but we will put our reasons in writing and give them on ...
The so-called Caroline case established that in order for one state to use force in the territory of another state which had not used force first there had to exist "a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment of deliberation,' and furthermore that any action taken must be proportional, "since ...
The right of self-defense is permitted, when the conditions of customary international law regarding necessity and proportionality are met. Article 51 of the UN Charter recognizes "the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken ...
The philosophy of war is the area of philosophy devoted to examining issues such as the causes of war, the relationship between war and human nature, and the ethics of war. . Certain aspects of the philosophy of war overlap with the philosophy of history, political philosophy, international relations and the philosophy of l
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of ...
A 2017 study found that the just war tradition can be traced as far back as to Ancient Egypt. [9] Egyptian ethics of war usually centered on three main ideas, these including the cosmological role of Egypt, the pharaoh as a divine office and executor of the will of the gods, and the superiority of the Egyptian state and population over all other states and peoples.
The relative importance of each may vary according to context; their application requires judgement, common sense and intelligent interpretation. Commanders also need to take into account the legitimacy of their actions, based on the legal, moral, political, diplomatic and ethical propriety of the conduct of military forces, once committed."