Regulatory Framework for Activating Military Necessity: Balancing Legal Obligations and Options for Review and Amendment

Abstract

This study examines a critical issue concerning the regulatory framework for activating military necessity—whether it is a normative principle requiring mandatory activation or an exceptional measure necessitating revision. To address this issue, the study is structured into two sections, each comprising two sub-sections: the concept and regulations of military necessity, the need to activate the legal framework, and the options for reviewing and amending the rules governing military necessity. The research employs a descriptive approach to define the concept of necessity and outline its regulations, while an analytical approach is used to explore the dimensions of these regulatory controls. The study concludes with key findings and recommendations, the most significant being that assessing military necessity is highly complex. Its regulations require both the activation of the legal framework and a selective approach to reviewing the rules governing its application. This ensures the enforcement of the general framework while allowing amendments to accommodate evolving practices in the use of this crucial principle during international armed conflicts.