Necessity in the law of armed conflict and in international criminal law

Table of Contents: 1. Introductory remarks. – 2. Necessity in the law of international armed conflicts. – 2.1. Military necessity as a general principle of restraint. – 2.2. Military necessity as a permissive condition. – 2.3. Military necessity v. the protection of cultural property. – 2.4. Military necessity v. the protection of the environment. – 3. The role of international jurisprudence. – 3.1. State responsibility. – 3.2. Individual criminal responsibility. – 3.3. Necessity and duress as criminal defences. – 4. Military necessity in non-international armed conflict. – 5. Concluding remarks.