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Topic: Military necessity

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Crimes Of War Project > The Book Military necessity is a legal concept used in international humanitarian law (IHL) as part of the legal justification for attacks on legitimate military targets that may have adverse, even 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. In the course of hostilities, these rules impose significant restraints on the conduct of law-abiding forces, but those forces may be able lawfully to invoke military necessity where their very survival or the requirements of winning the conflict are at stake. www.crimesofwar.org /thebook/military-necessity.html   (573 words)

INTEL DUMP Judicial inquiry, with its restrictive rules of evidence, orientation towards resolution of factual disputes in individual cases, and long delays, is ill-suited to determine such an issue as "military necessity." The necessity for prompt action was cogently stated by the Court in its Hirabayashi opinion. Military officials said that the bulk of the charges were being investigated and that some had already resulted in disciplinary actions, but they could not provide specifics. Military tribunals are traditionally used to try alleged war criminals, such as Nazi leaders after World War II. philcarter.blogspot.com /2004_02_01_philcarter_archive.html   (573 words)

CNN.com - What the law says about the recent killings in Iraq - Apr 5, 2004 It is not likely that necessity will pose an obstacle to military planners in Iraq; plainly pacification is a necessary objective, and without a response it is difficult to imagine that the situation in Fallujah will not simply worsen. As the name implies, necessity requires that a given military plan be enacted to further some important military interest -- not mere wanton death or destruction. Instead, military planners must link the mission to successful pacification of Fallujah, which in turn is linked to the larger effort to bring lasting stability to Iraq. www.cnn.com /2004/LAW/04/05/carter.iraq/index.html   (3015 words)

Military Ethics from the International Military Tribunals at Nuremberg and of the former Yugoslavia a dissertation proposal The principle of military necessity has provided legitimate grounds for actions that otherwise would have been considered illegitimate in as much as they are recognised as necessary sanctions with respect to overriding military considerations. Yet, also such innocent third parties could easily become fair military targets wherever the principle of military necessity and the right to reprisals warranted. Military Ethics from the International Military Tribunals at Nuremberg and of the former Yugoslavia a dissertation proposal www.accts.org /ethics/norway/michelst.htm   (3015 words)

250th anniversary continues - PittsburghLIVE.com The battle at Fort Necessity was significant because it was the military training grounds for George Washington and the only place he was forced to accept defeat. "The battle here at Fort Necessity was so small it could have been considered a mere skirmish, but it was the true military beginning of the Seven-Year War, which in the end cost nearly one million lives," said Fagan. FARMINGTON -- Indians, French militia and British reenactors came in by the hundreds from as far away as Texas this weekend to participate in the tactical demonstration held as part of the 250th anniversary celebration of the battle at Fort Necessity, which was ultimately the beginning of the French and Indian War. www.pittsburghlive.com /x/dailycourier/s_201970.html   (3015 words)

INTEL DUMP Judicial inquiry, with its restrictive rules of evidence, orientation towards resolution of factual disputes in individual cases, and long delays, is ill-suited to determine such an issue as "military necessity." The necessity for prompt action was cogently stated by the Court in its Hirabayashi opinion. Military officials said that the bulk of the charges were being investigated and that some had already resulted in disciplinary actions, but they could not provide specifics. That was the phrase used by former-Army Chief of Staff Dennis Reimer (now retired) to describe the Army's military police during the 1990s, where they proved their ability to conduct ambiguous operations somewhere in between peace and war in places like Somalia, Haiti, Bosnia and Kosovo. philcarter.blogspot.com /2004_02_01_philcarter_archive.html   (17746 words)

The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and the notion of military necessity Imperative military necessity may be established only by the officer commanding a force the equivalent of a battalion unless the circumstances of a military engagement do not allow it and, if possible, a warning shall be communicated to the opposing Party in a reasonable time in advance. Unavoidable military necessity may be established only by the officer commanding a force the equivalent of a division and a warning shall be communicated to the opposing Party in a reasonable time in advance. Imperative military necessity may be established only by the officer commanding a force the equivalent to a battalion unless the circumstances of the military engagement do not allow this. www.icrc.org /Web/eng/siteeng0.nsf/iwpList260/FF7F81319B1F96DAC1256B66005D8A96   (3799 words)

Background of the Conflict - Fort Necessity National Battlefield The action at Fort Necessity was also the first major event in the military career of George Washington, and it marked the only time he ever surrendered to an enemy. he confrontation at Fort Necessity in the summer of 1754 was the opening battle of the war fought by England and France for control of the North American continent. Washington and his Virginians spent most of June opening a road from Fort Necessity to Gist's Plantation, a frontier settlement in the direction of the forks of the Ohio. www.nps.gov /fone/fonehist.htm   (1043 words)

Background of the Conflict - Fort Necessity National Battlefield The action at Fort Necessity was also the first major event in the military career of George Washington, and it marked the only time he ever surrendered to an enemy. Washington and his Virginians spent most of June opening a road from Fort Necessity to Gist's Plantation, a frontier settlement in the direction of the forks of the Ohio. he confrontation at Fort Necessity in the summer of 1754 was the opening battle of the war fought by England and France for control of the North American continent. www.nps.gov /fone/fonehist.htm   (1043 words)

Battle of Fort Necessity A few troops pressed forward to join him, and he was burdened at Fort Necessity with about forty families of friendly Indians, among them those of Half-King and Queen Aliquippa. Twenty-two Frenchmen were made prisoners, taken to Fort Necessity, and then sent over the mountains into Eastern Virginia. Ignorant of the number of the French, Washington fell back to a fertile plain which he had crossed, called the Great Meadows, and there built a stockade and named it Fort Necessity. www.publicbookshelf.com /public_html/Our_Country_Vol_1/battlefor_bae.html   (1043 words)

Calley Court-Martial Appeal One contention is that the judge should have, but did not, advise the court members of the necessity to find the existence of "malice aforethought" in connection with the murder charges; the second allegation is that the defense of compliance with superior orders was not properly submitted to the court members. In enactment of the Uniform Code of Military Justice, Congress eliminated malice as an element of murder by codifying the common circumstances under which that state of mind was deemed to be present. Both the principal opinion and the analysis of the Court of Military Review state that in the enactment of the Uniform Code of Military Justice Congress has, in effect, codified the requirement of malice aforethought by defining murder as the unlawful killing of a human being, without justification or excuse. www.law.umkc.edu /faculty/projects/ftrials/mylai/MYL_uscma.htm   (5866 words)

duncan.htm Hence if a military commander, on the basis of his conception of military necessity, requires all civilians accused of crime to be tried summarily before martial law tribunals, the Bill of Rights must bow humbly to his judgment despite the unquestioned ability of the civil courts to exercise their criminal jurisdiction. The military undoubtedly assumed that its rule was not subject to any judicial control whatever, for by orders issued on August 25, 1943, it prohibited even accepting of a petition for writ of habeas corpus by a judge or judicial employee or the filing of such a petition by a prisoner or his attorney. After the passing of the Organic Act disturbances in the coal fields of West Virginia, a longshoremen's strike in Galveston and a packers' strike in Nebraska City, all led to criminal trials of civilians by military tribunals which were upheld by decisions of state and lower federal courts. www.uwosh.edu /greatideas/harris/duncan.htm   (5866 words)

George Washington: The Soldier Through the French and Indian War Not succeeding in attaching the Indians to the English side and finding his advanced position otherwise untenable, he started to retire, but on July 3 surrendered to the French his hastily constructed works, called Fort Necessity. The restoration of order on the border ended the war for Virginia; the French beign driven away, the end of 1758 was the end of George Washington's military service in the French and Indian War. After the defeat of General Abercromby in his attack on Fort Ticonderoga, July 8, 1758, Fort Frontenac had been left with only a little over a hundred men to garrison it and was therefore easily captured in August by a brilliant dash of Colonel Bradstreet across Lake Ontario with a force of 2,500 colonial troops. www.ushistory.org /valleyforge/washington/george1.html   (5866 words)

Fort Ligonier Proved Key To The West :: Weekend Adventures Magazine Online :: wamonline.com Although all vestiges of the fort had disappeared more than 175 years ago, its plan and location have been definitely fixed from early military drawings and records, some of which are on display in the museum. Fort Ligonier served a vital purpose in our history as the “Key to the West” and it was never taken by the enemy. Fort Ligonier is located on U.S. Route 30 and PA Route 711, in Ligonier, PA. It is fifty miles east of Pittsburgh and twelve miles north of the PA Turnpike. www.wamonline.com /summer2001/fortligonier.htm   (5866 words)

Loyal Legion, Military Order of the --  Britannica Student Encyclopedia General training instills those qualities that prepare one for a life in the military: physical strength, mental discipline, self-confidence, loyalty, and the ability to follow the orders of superior officers. Growing Polish nationalism was by necessity that of an oppressed nation and displayed the tendency of “all or... Although the Legion has often been represented in books and movies as a last choice for derelicts, criminals, unhappy lovers, and fallen noblemen, it is actually one of the best trained and most effective military units in the world. www.britannica.com /ebi/article-9315563   (786 words)

A Military Secret No Longer But Alderson and some of the other veterans, while frustrated at the military's slow response to their requests for information, said they are proud of their service and defend the necessity of the testing. The military tends to downplay its involvement with radiation, with biological warfare and chemical warfare," said U.S. Rep. Christopher Shays, R-4th District. Since her team interviewed no veterans, even though Alderson and others offered to share their recollections, they do not claim to be a historical record of what actually happened. www.propertyrightsresearch.org /a_military_secret_no_longer.htm   (1573 words)

Middle East Institute: Policy Brief Rather, Nasr explained that the coup was a way for the military to prevent the consolidation of political power in the democratic arena, and ushered in an era of marked political instability. In this context, then, the 1999 military coup that brought Musharraf to power was a way for the military to prevent the consolidation of power in the democratic arena. The relationship is rooted in necessity: the MMA is using the war between Musharraf and the popular parties to build itself and its institutions in order to become the representative of Pakistan’s center-right. www.mideasti.org /articles/doc201.html   (741 words)

Policy Let US Hold Detainees in Secret, Military Officers Say The exemption says Red Cross visits can be prohibited only "for reasons of imperative military necessity, and then only for an exceptional and temporary measure." Members of the same military intelligence unit that are implicated in the deaths and abuse at Bagram were later involved in abuse at the Abu Ghraib prison in Iraq, according to a report first published by Knight Ridder and subsequently confirmed by two major investigations by the Army and the Department of Defense. David Howlett, the top military lawyer for Gen. Paul Kern, who oversaw the investigation conducted by Fay and Jones, said not all the Article 143 detainees were ghost detainees, because some of the detainees who weren't permitted to talk to the ICRC were properly registered. www.commondreams.org /headlines04/0908-20.htm   (1761 words)

96029: Homosexuals and U.S. Military Policy: Current Issues On the one hand, it maintains the notion of military necessity and privacy as found in the congressional compromise of "don't ask, don't tell," and then appears to prevent efforts to enforce regulations and laws by limiting the military's role via "don't pursue." This problem was discussed at hearings with then-Secretary of Defense Les Aspin. Those courts upholding discharges have equated homosexual "orientation" with homosexual conduct as a potential threat to unit cohesion and combat readiness and decided that the "military need not wait until a homosexual acts on his or her sexual desires." Ben-Shalom v. A lengthy tradition of "special deference" to the military has historically characterized court decisions declining to disturb the "considered professional judgment" of military leaders to discipline or discharge a service member for homosexual conduct or speech. www.fas.org /man/crs/96-029.htm   (6505 words)

Atomic Spaces: Introduction This is a story about the birth of America's atomic spaces, their creation by military fiat and necessity, their occupation by people, buildings, and social networks, their consolidation into a new type of cultural environment, penetrating work, leisure, environment, language, and belief, and present even today as a significant, if surreptitious, strain of American culture. Groves himself represented a larger tradition of military bureaucracy devoted to the manipulation and transformation of American spaces to the goal of greater efficiency and the control of nature, imbedded within the Army Corps of Engineers. Yet the map is therean implicit and crucial backdrop to the scientific and military achievements of the Manhattan Project. www.press.uillinois.edu /demo/hales/intro.html   (2187 words)

Ospreysamurai.com - Samurai Military Communications Samurai military communications in Japan developed significantly in the 15th to 17th centuries and involved verbal, visual and audible signals, extending from one-to-one spoken messages through battlefield communications to province-wide beacon systems. Apart from its military use, the conch was closely associated with the yamabushi, the adherents of the religious sect of Shugendo, who lived ascetically in the mountains. Good battlefield communications systems therefore became a vital necessity, and in this article I shall describe how personal communications delivered by mounted messengers and scouts, visual communications using beacons and flags, and audible devices such as drums and conch-shell trumpets all played their part. www.ospreysamurai.com /communications.html   (3701 words)

History of the Alaska Highway Alaska was considered vulnerable to a Japanese invasion, and the highway was deemed a military necessity. By October, it was possible for a vehicle to travel the entire length of the highway, which had been dubbed the Alaska-Canada Military Highway, or "Alcan" for short. The general route of the highway, determined by the War Department, was along a line of existing airfields from Edmonton, AB, to Fairbanks, AK. www.themilepost.com /history.html   (3701 words)

Military Rule in Chicago I would like your opinion as to whether there is any longer a necessity for the continued aid of the military on that behalf. The large military force now in the city under the command of Lieutenant-general Sheridan, cooperating with the regular police organization, is now deemed sufficient to maintain good order and quietude for the future. SIR,--I have the honor to acknowledge the receipt of your kind note of the date of yesterday, and in reply I beg leave to report a good condition of affairs in the city. www.chicagohs.org /fire/rescue/military.html   (1588 words)

BSE - DTR Military Organisation A military outlook on spacefaring as a whole is therefore a necessity. The mercantile fleet of the DTR is a semi-military organisation. This is the military navy that always stands ready to defend DTR assets. www.spacious.com /dtr/open/military.html   (1588 words)

Exchange of notes between Canada and the United States of America recording an agreement providing for the construction of a military highway to Alaska My Government, being convinced of the urgent necessity for the construction of this highway and appreciating the burden of war expenditure already incurred by Canada, in particular on the construction of the air route to Alaska; is prepared to undertake the building and wartime maintenance of the highway. This recommendation based as it was on military considerations and military considerations only, and having the endorsement of the Service Departments of the two countries, has been approved by both Governments. (b) Arrange for the highway's completion under contracts made by the United States Public Roads Administration and awarded with a view to insuring the execution of all contracts in the shortest possible time without regard to whether the contractors are Canadian or American. www.lexum.umontreal.ca /ca_us/en/cts.1942.13.en.html   (1588 words)

Economic Foundations of The “Rogue State” The “usefulness” of this military strategy was tested, first, in Panama, which resulted in a “surgical” removal of General Noriega from his presidential palace and his imprisonment in the United States and, then, in Iraq during the so-called “desert storm” incursion, with massive displays of high-tech military hardware that killed or maimed thousands of people. This idea, known as military keynesianism, has since the early 1970s come under attack; not that military spending does not stimulate demand, but that it is a costly trade-off in terms of essential social needs. Likewise, as the Cold War tensions tended to subside in the early 1980s and, as a result, continued US military buildup was questioned, the flamboyant militarist President Ronald Reagan and his administration successfully averted curtailment of military spending by hyping the “threat of the evil empire” and the need for “star wars” defense capabilities. www.payvand.com /news/01/jul/1117.html   (1588 words)

About Pennsylvania – Ellisa Lofton - Weichert Realtors Of the many historic sites and parks that have been preserved, those under federal ownership include Fort Necessity National Battlefield, Gettysburg National Military Park, and Independence and Valley Forge national historical parks. Large areas of woodland remain and, in some isolated sections, have retained an almost primitive wildness. Abington, Ambler, Blue Bell, Horsham, Fort Washington, Upper Dublin, Lower Gwynedd, Philadelphia, PA www.ellisalofton.com /About_Pennsylvania/page_98832.html   (1588 words)

Canadian Military Vehicles Their tools were by necessity British or American, but some uniquely Canadian armour ended up filling a critical need on the battlefield. The well-known CMP will forever be enshrined in the Military Vehicles Hall of Fame. Fifty-five years after they emerged from frantic production lines, a few of these timeless Canadian vehicles are being restored to their former splendour. www.mapleleafup.org /vehicles   (1588 words)

THE MILITARY JUSTICE INSTITUTE Military justice soothes the military ego and quiets the fear that lingers in the military breast against outright soldier mutiny -- and it also, of course, provides a means of punishing soldiers who break the law. If a military defense counsel were brash enough to expose a superior's illegal efforts in the judicial area, the worst that could happen to the superior would be the loss of the particular case involved, or a series of cases if the illegality affected more than one case. Military appellate procedure should include an appeal for good cause shown to the various United States Courts of Appeals (the circuit would depend upon the geographical location of the offense involved); and thence, again for good cause shown, to the Supreme Court of the United States for final judgment. mji.freeservers.com /west.html   (1794 words)

Background of the Conflict - Fort Necessity National Battlefield The action at Fort Necessity was also the first major event in the military career of George Washington, and it marked the only time he ever surrendered to an enemy. Washington and his Virginians spent most of June opening a road from Fort Necessity to Gist's Plantation, a frontier settlement in the direction of the forks of the Ohio. he confrontation at Fort Necessity in the summer of 1754 was the opening battle of the war fought by England and France for control of the North American continent. www.nps.gov /fone/fonehist.htm   (1794 words)

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