The Principle of Humanity between Forces and a State of Necessity | ||
Journal of Anbar University for Law and Political Sciences | ||
Article 10, Volume 12, Issue: 1 part 1, March 2022, Pages 272-311 PDF (1.26 M) | ||
DOI: 10.37651/aujlps.2023.177047 | ||
Authors | ||
Arkan Hameed Judeaa; Mahmood Adil Shafi Eifan | ||
Abstract | ||
Achieving a balance between the principle of humanity and military advantage on the one hand and the state of necessity on the other is one of the basic requirements in international humanitarian law as it strikes a balance between two opposing rules of its rules, namely humanity and military advantage and necessity. Therefore, this balance is a condition for controlling the behavior of the parties to armed conflicts in order to protect Civilians, and their related objects and property, and defines the situations in which the use of force by them is permitted in order to humanize international wars and restrict them to the principles of international humanitarian law. | ||
Keywords | ||
principle of humanity; military advantage; state of necessity | ||
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