Search results
Results from the WOW.Com Content Network
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 ...
That, having regard to the paramount necessity of Australia's defence, the Government be authorised to add to the definition of the territories to which the Defence Act extends the following words: ‘and such other territories in the South-west Pacific Area as the Governor-General proclaims as being territories associated with the defence of ...
A military policy is created through the military policy process of making important organisational decisions, including the identification of priorities and different alternatives such as defence personnel and technology programs or budget priorities, and choosing among them on the basis of the impact they will have on the overall national development.
The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions.
The drafters’ intent was that collective force approved and organized by the Security Council would substitute for unilateral uses of force by states. [1] However, some states were concerned that use of the veto power by one of the Council's permanent members might prevent that body from taking necessary action, and they insisted upon inserting into the Charter an explicit right of self defense.
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 defence of necessity is an excuse for an illegal act, not a justification for committing the illegal act. The leading case for the defence is Perka v.The Queen [1984] 2 S.C.R. 232 [1] in which Dickson J. described the rationale for the defence as a recognition that:
The Common Security and Defence Policy (CSDP) is the European Union's (EU) course of action in the fields of defence and crisis management, and a main component of the EU's Common Foreign and Security Policy (CFSP).