Book contents
- The Law of War
- The Law of War
- Copyright page
- Dedication
- Contents
- Preface
- Abbreviations
- Introduction
- 1 General Background
- 2 Principles
- 3 Application of the Law of War
- 4 Classes of Persons
- 5* The Conduct of Hostilities
- 6 Weapons
- 7 Wounded, Sick, Shipwrecked, Dead and the Medical Services
- 8 Detention – Overview and Baseline Rules
- 9 Prisoners of War
- 10 Civilians in the Hands of a Party to the Conflict
- 11 Military Occupation
- 12 Non-Hostile Relations between Belligerents
- 13 Naval Warfare
- 14 Air and Space Warfare
- 15 The Law of Neutrality
- 16 Cyber Operations
- 17 Non-International Armed Conflict
- 18 Implementation and Enforcement of the Law of War
- 19 Documentary Appendix – Notes on Treaties and Other Relevant Documents
- 20 Post-Publication Amendments
2 - Principles
Published online by Cambridge University Press: 17 March 2018
Book contents
- The Law of War
- The Law of War
- Copyright page
- Dedication
- Contents
- Preface
- Abbreviations
- Introduction
- 1 General Background
- 2 Principles
- 3 Application of the Law of War
- 4 Classes of Persons
- 5* The Conduct of Hostilities
- 6 Weapons
- 7 Wounded, Sick, Shipwrecked, Dead and the Medical Services
- 8 Detention – Overview and Baseline Rules
- 9 Prisoners of War
- 10 Civilians in the Hands of a Party to the Conflict
- 11 Military Occupation
- 12 Non-Hostile Relations between Belligerents
- 13 Naval Warfare
- 14 Air and Space Warfare
- 15 The Law of Neutrality
- 16 Cyber Operations
- 17 Non-International Armed Conflict
- 18 Implementation and Enforcement of the Law of War
- 19 Documentary Appendix – Notes on Treaties and Other Relevant Documents
- 20 Post-Publication Amendments
Summary
Chapter 2 addresses the fundamental principles on which the law of war is based, namely military necessity and humanity, both of which are considered in dedicated sections within the corresponding Chapter in the Manual. Having dealt with these topics in a legally acceptable way, the Manual addresses proportionality and Chapter 2 explains why the Manual’s treatment of this topic seems to fall into error by confusing the legal principle with the rule reflected in article 51 of Additional Protocol I. The Chapter then critiques the Manual’s treatment of distinction, in particular its failure adequately to distinguish the discrimination rule. The third and final principle that the Manual addresses and that is therefore discussed in the present Chapter is ‘honour’, a notion broadly to be equated with chivalry.
- Type
- Chapter
- Information
- The Law of WarA Detailed Assessment of the US Department of Defense <I>Law of War Manual</I>, pp. 30 - 41Publisher: Cambridge University PressPrint publication year: 2018