chapter  5
17 Pages

Basic principles

WithNobuo Hayashi

This chapter illustrates the normative process through which the law of armed conflict (LOAC) creates its rules. It does so by identifying major ‘ingredients’ of the process, elucidating their interplay and reflecting on the consequences that the interplay entails vis-à-vis positive LOAC rules. In addition to military necessity and humanity, chivalry and sovereignty will also be considered where appropriate. Key to this inquiry is the idea that LOAC has been developed with a view to striking a realistic balance between military necessity and humanity and that, accordingly, the law ‘accounts for’ them.1 What is meant by this has remained obscure, however, and this obscurity has given rise to different opinions.