محددات تطبيق مبدأ الضرورة في القانون الدولي الإنساني

الملخص EN

Military necessity is a departure from the original, and the original is not to resort to force only in specific cases restrict international law.

But as the war must be signed and that does not leave the belligerents absolute freedom in the choice of means of warfare and the rhythm of damage could be avoided.

International humanitarian law have tried to regulate the use of military force and not to allow military commanders to commit massacres under the pretext of military necessity, has the researcher in this study what the military necessity of international humanitarian law and the legal basis of the principle of necessity and impediments to the expansion of the concept of necessity The study aimed to concept variation and try to adjust through the relevant international humanitarian law treaties and the researcher suggested that the parties to the conflict violated the rules of international humanitarian law under pretext military necessity and that this concept is difficult to adjust because of the different armed conflicts and researcher recommends the necessity of commitment of parties to the conflict to respect the rules of international humanitarian law and the non-diversion of war to the massacres.

But on the ground, it is not easy and easy to adjust this concept due to change according to the circumstances of the battle on the other moment to moment.

So resorted international humanitarian law to attempt to harmonize or proportionality between military necessity and humanitarian considerations, since it does not need to achieve a military advantage to the transfer of war massacres.