A Study of the Principle of Military Necessity in International Humanitarian Law (Limiting or Justifying)

Military necessity is a principle in the laws of armed conflicts that recognizes the potential non-applicability of legal criteria in certain circumstances and may sub-sequently reduce or eliminate the guilt for seemingly illegal acts in appropriate cases in armed conflicts. This law allows for illegal actions that are necessary to achieve a military goal, and otherwise they must be in accordance with the law. This principle has a widely used and substantial but at the same time vague and non-transparent concept. The lack of clarity in the meaning of this principle and the lack of explanation of the limits of "military necessity" has caused many challenges and damages in the field of internal and international conflicts, and in international political games, it has become a tool for the abuse of great powers. It should be noted that the majority of researchers and scholars view the principle of military necessity as a fundamental principle in the laws of war, but there is a disagreement as to whether this is a restriction on the use of force or a justification for violence. According to the author, the principle of military necessity can be examined with two attitudes and approaches: a) Permissive approach; b) Restrictive and deterrent approach. In order to minimize abuses and concerns about violations of the law by exploiting the principle of military necessity, we must provide a comprehensive definition of this principle in which the terms and conditions are clear.