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This title aims to trace the various uses of the concept of necessity in international law, with the goal of determining whether there is any overarching unity to these uses across the subdisciplines of international law. The authors not only discuss necessity in international humanitarian law and jus in bello, but also aim to situate necessity as understood in IHL within a larger discourse of international law generally, and to untangle the confusing and often inconsistent usages of the term 'necessity' in these broad areas of international law, including human rights law. The authors argue that the concept of necessity in international law has three different conceptions that cut across the various domains of international law: necessity as exception, necessity as license, and necessity as regulation

The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.

Exigent circumstances can extinguish or suspend a wide range of legal obligations. They may empower governments to seize property or quarantine individuals. They may excuse the nonperformance of private or public contractual obligations. And, of especial interest here, they may permit governments to deviate from their obligations under treaties or customary international law (CIL).

Introduction -- The development of the treaty framework for the protection of cultural heritage -- The concept and scope of military necessity -- Military necessity within the framework for the protection of cultural heritage in armed conflicts -- The impact of individual criminal responsibility for offences against cultural property on military necessity -- Military necessity vis-à-vis the protection of cultural heritage in non-international armed conflicts -- Military necessity and the responsibility of states -- Lessons on necessity resulting from the interplay of environmental protection and armed conflict -- Concluding remarks.

To many international lawyers and army officers the terms "law of war" and "military necessity" are mutually incompatible. Many army officers consider the law of war as no more than a collection of pious platitudes, valueless, so they think, because it has no force and effect. Some international lawyers regard military necessity as the bête noire of international jurisprudence, destroying all legal restriction and allowinguncontrolled brute force to rage rampant over the battlefield or wherever the military have control.