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Back to the basics: Core law of war principles through the lens of the DoD manual

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Abstract

Chapter II is simply entitled “Principles.” It begins with a statement reiterating the interdependent nature of the basic principles – military necessity, humanity, and honor. These provide the foundation for other law of war principles, namely proportionality and distinction and most of the treaty and customary rules of international humanitarian law (IHL). It is then that the principles of proportionality and distinction come into play. Taken in their totality, these general principles provide an overarching and reinforcing set of rules that form part of a coherent system. Acknowledging the priority attached to military necessity and the interdependence of this principle with that of humanity and honor at the outset is significant.
Original languageEnglish
Title of host publicationThe United States Department of Defense Law of War Manual
Subtitle of host publicationCommentary and Critique
PublisherCambridge University Press
Pages115-140
Number of pages26
ISBN (Electronic)9781108659727
ISBN (Print)9781108427159
DOIs
Publication statusPublished - 11 Jan 2019

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