Publication

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

Murphy, Ray
Citation
Murphy, Ray. (2019). Back to the basics: Core law of war principles through the lens of the DoD manual. In Michael A. Newton (Ed.), The United States Department of Defense law of war manual: Commentary and critique (pp. 115-140). Cambridge: Cambridge University Press. https://doi.org/10.1017/9781108659727.007
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.
Funder
Publisher
Cambridge University Press
Publisher DOI
https://doi.org/10.1017/9781108659727.007
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International