In this chapter I introduce and describe the basic principles of the laws of armed conflict: military necessity, distinction, unnecessary suffering, proportionality and humanity. Subsequently, I offer some jurisprudential insights into the principles through the Hart-Dworkin exchanges on rules and principles. I try to locate critically the principles of the laws of armed conflict in this jurisprudential framework by using the basic ideas of principle and the “dimension of weight.” I strive to demonstrate how the “humanitarian” principles are not in harmony with this jurisprudential premise.

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Humanitarian Principles and Jurisprudential Foundation

  • Kailash Jeenger

摘要

In this chapter I introduce and describe the basic principles of the laws of armed conflict: military necessity, distinction, unnecessary suffering, proportionality and humanity. Subsequently, I offer some jurisprudential insights into the principles through the Hart-Dworkin exchanges on rules and principles. I try to locate critically the principles of the laws of armed conflict in this jurisprudential framework by using the basic ideas of principle and the “dimension of weight.” I strive to demonstrate how the “humanitarian” principles are not in harmony with this jurisprudential premise.