The principles of military necessity and humanity in light of human rights law

Military necessity and humanity are two fundamental principles of IHL; humanity is even more important in HRL, which also knows necessity, but with different meaning, scope and effects. HRL has had an influence in shaping the principle of humanity in IHL, and especially in altering the balance between military necessity and humanity. Military necessity per se has not been influenced by HRL, however human rights concerns may have had an impact on the recent elements of practice and doctrinal positions reflecting a restrictive reading of military necessity. HRL shall not defer to military necessity in the name of lex specialis outside of clear and incontestable conduct of hostilities situations, in cases amenable to be dealt with under a law enforcement paradigm.