Military necessity

Military necessity is a legal concept used in international humanitarian law (article 52, IAP) as part of the legal justification for attacks on legitimate military targets that may have terrible, consequences for civilians and civilian objects.

The concept of military necessity acknowledges that even under the laws of war, winning the war or battle is a legitimate consideration, though it must be put alongside other considerations of IHL.

To the ICRC and article 52 IAP

Military necessity is an exception to a prohibition in international humanitarian law. The concept military necessity does, however, not give the armed forces the freedom to do what they want.

Assessing military necessity

According to the Harvard based "Program on Humanitarian Policy and Conflict Research" (HPCR) there are five tests to verify the proper use of military necessity:

• First, you have to ask if the measure will violate an absolute prohibition in IHL? The right to take a measure under military necessity has to be stated in the law.
• Second, are the military forces facing an actual state of necessity, a danger or a need for supply?
• Third, is the measure taken a sufficient and effective response to the existing threat?
• Fourth, is the measure in line with the principle of proportionality, i.e. does the military advantage outweigh the risk of damage to the civilians or civilian property?
• Lastly, is the decision taken by the correct authority and after careful review?

The tests are included in a policy brief on the Wall and international humanitarian law, with a particular focus on the concept of military necessity.

To HPCR and the policy brief (272 kB)

Muqataa, government office of the Palestinian Authority, Ramallah, November 2004. Photo: Hanna Lagerlöf