Necessity and proportionality in international peace and security law
著者
書誌事項
Necessity and proportionality in international peace and security law
（The Lieber studies, v. 5）
Oxford University Press, c2021
- : hardback
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注記
"Lieber Institute for Law and Land Warfare."
General editor, Michael N. Schmitt; managing editors, Shane R. Reeves, Winston S. Williams, Sasha Radin
Includes index
内容説明・目次
内容説明
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other.
The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense.
The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
目次
Foreword
Brigadier General Joseph B. Berger III
Introduction
Claus Kress
PART ONE: An Encounter of International Law with Morality
1. Necessity and Proportionality in Morality and Law
Jeff McMahan
PART TWO: Considerations of Overarching Significance
2. On the Continuous and Concurrent Application of ad Bellum and in Bello Proportionality
Eliav Lieblich
PART THREE: The International Law Governing the Use of Force
3. The Essential Link Between Proportionality and Necessity in the Exercise of Self-Defense
Geoffrey S. Corn
4. The Unwilling and Unable Test for Extraterritorial Defensive Force: Why Force Is Permitted Against the Territorial State
Jens David Ohlin
5. Drones Programs, the Individualization of War, and the ad Bellum Principle of Proportionality
Rebecca Mignot-Mahdavi
6. The Quest for an Internal Jus ad Bellum: International Law's Missing Link, Mere Distraction, or Pandora's Box?
Tom Ruys
7. Article 51's Reporting Requirement as a Space for Legal Argument and Factfulness
Larissa van den Herik
PART FOUR: The International Law of Armed Conflicts
8. Sequences in Military Necessity for the Jus in Bello
Dino Kritsiotis
9. Practical and Conceptual Challenges to Doctrinal Military Necessity
Robert Lawless
10. Considerations of Necessity Under Article 57(2)(a)(ii), (c), and (3) and Proportionality Under Article 51(5)(b) and Article 57(2)(b) of Additional Protocol I: Is There Room for an Integrated Approach?
Wolff Heintschel von Heinegg
11. Specifying the Proportionality Test and the Standard of Due Precaution: Problems of Prognostic Assessment in Determining the Meaning of
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