The Military Commander's Necessity

Sigrid Redse Johansen is Judge Advocate General of Norway. In this capacity she is both the Director General of Military Prosecutions leading the military prosecutors and advisor to the Chief of Defence in cases and matters concerning criminal law, criminal procedure and summary punishment. She was previously an associate professor and lecturer in international and operational law at the Norwegian Defence Command and Staff College, where she was responsible for teaching programmes in the Law of Armed Conflict. She has also practised as an attorney at law, acting as defence counsel for the accused in criminal cases in the district courts, courts of appeal and before the Supreme Court of Norway.

1. Introduction; Part I. Concept, History and Basics: 2. Elements of military necessity; 3. Military necessity and a historical outset; 4. Assessing military necessity through a military margin of appreciation; 5. Assessing necessity and criminal responsibility; 6. Military necessity and humanitarian considerations; Part II. Distinction as Limitation Upon Military Necessity in the Law of Armed Conflict: 7. The principle of distinction: also a limitation upon military necessity; 8. Military objects; 9. Combatants as lawful targets; 10. Military necessity and the notion of 'lawful combatancy'; 11. Who are civilians and when do they lose their protection?; Part III. Effectuating Distinction – Enforcing an Ultimate Balance Between Necessities of War and Considerations of Humanity: 12. Protection of the civilian population and perceptions of military necessity; 13. Military necessity and proportionality; 14. Military necessity and the scope and nature of military advantage; 15. The commanders ultimate 'margins': assessing excessiveness and feasibility; Part IV. The Exceptive Face of Military Necessity: 16. Destruction and seizure of property when military necessity requires; 17. Military necessity and rules on special protection; Part V: Conclusions: 18. Conclusions – limitations to the commander's assessment of military necessity; Bibliography; Index.