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5 - Inevitable Conflict Thesis
from Part III - Military Necessity in Its Normative Context
Nobuo Hayashi
Book:

Military Necessity

Published online:

02 May 2020

Print publication:

26 March 2020, pp 98-119
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Summary

Chapter 5 summarises the inevitable conflict thesis, a major theory on the contemporary significance of military necessity. It becomes necessary for proponents of this thesis to establish that both military necessity and humanity demand some acts and condemn the others. They endeavour to show how, with respect to any given belligerent act, the framers choose to let humanity trump military necessity, let military necessity trump humanity, or find some middle ground between them, and posit an IHL rule accordingly. They insist that every IHL rule embodies this compromise and that neither military necessity nor humanity pleas are consequently admissible vis-à-vis unqualified rules.