Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.576983
Title: The concept of military objective in international law and military practice
Author: Jachec-Neale, Agnieszka
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2013
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Abstract:
This thesis analyses the concept of military objective in international law and in the practice of states. It examines all the components of the definition enshrined in Article 52.2 of the 1977 Additional Protocol I to the four 1949 Geneva Conventions. This involves considering the meaning and interpretation of the terms involved, such as effective contribution to military action and definite military advantage. The thesis also discusses subsequent practice in the application of the treaty. Such practice, in line with the Vienna Convention on the Law of Treaties, assists in the clarification of the interpretation of the phrases used in the test. This thesis also examines how the definition works in practice. It seeks to identify what state practice can tell us about the interpretation of the definition, and the problems states may encounter when applying it. The practice in this thesis is analysed from two angles. First, the thesis looks at how military doctrine - which influences how armed forces conceptualize military operations - may affect the behaviour of states during armed conflict. Such behaviour contributes to what is regarded as the practice of states, which further assists in clarifying of the interpretation of the definition. The analysis of military doctrine comprises a general overview of strategic, operational and tactical doctrine, and a discussion of specific targeting doctrine. Second, the thesis will consider practice in the specific context of coalition warfare. This analysis highlights the fact that states' behaviour may be affected by a number of factors, including political imperatives and military considerations. This complicates the evaluation of such practice. A separate issue results from the research conducted, and concerns the standard of evidence required for the legal assessment of targets.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.576983  DOI: Not available
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