The Military Commander's Necessity

The Law of Armed Conflict and its Limits

Sigrid Redse Johansen

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English

Cambridge University Press
20 May 2021

Armed conflict; International law of territory & statehood; International humanitarian law; Military & defence law

The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

By: Sigrid Redse Johansen
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 230mm, Width: 150mm, Spine: 30mm
Weight: 660g
ISBN: 9781108713610
ISBN 10: 1108713610
Pages: 450
Publication Date: 20 May 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Sigrid Redse Johansen is Judge Advocate General of Norway. In this capacity she is both the Director General of Military Prosecutions leading the military prosecutors and advisor to the Chief of Defence in cases and matters concerning criminal law, criminal procedure and summary punishment. She was previously an associate professor and lecturer in international and operational law at the Norwegian Defence Command and Staff College, where she was responsible for teaching programmes in the Law of Armed Conflict. She has also practised as an attorney at law, acting as defence counsel for the accused in criminal cases in the district courts, courts of appeal and before the Supreme Court of Norway.

Reviews for The Military Commander's Necessity: The Law of Armed Conflict and its Limits

'Johansen's contribution is an important one that adds to the repudiation of the discredited, but stubbornly irrepressible, concept of kriegsraison geht vor kriegsmanier-the assertion that 'necessity knows no law.'' Beth Van Schaack, American Journal of International Law