Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Final Remarks

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The protection offered to civilians and civilian objects was dependent on the ambiguous notion of &t;military necessity&t;, as shown by the prohibition to destroy or seize the enemy's property unless such destruction or seizure is imperatively demanded by the necessities of war. As a consequence of this new approach, the destruction caused to enemy civilians or civilian objects during military operations cannot be treated altogether. The determination of the unlawfulness of an attack is also necessary prior to engaging the analysis of whether the deaths, injures and damages caused by it could amount to a crime against humanity. Finally, the ICTY's case law has also declared, at times, that certain deaths, injures and damages caused to enemy civilians or civilian objects amounted to crimes against humanity without undertaking a prior analysis of the unlawfulness of the attacks causing them.

Keywords: civilians protection; ICTY case law; military necessity

10.1163/ej.9789004162006.i-292.41
/content/books/10.1163/ej.9789004162006.i-292.41
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Unlawful Attacks in Combat Situations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation