مفهوم الضرورة العسكرية بين قانون النزعات المسلحة والقانون الدولي الجنائي.

Abstract

The objective of the thesis revolves around studding, understanding and analyzing the elements of Military Necessity and the reasons for adopting them between two distinct branches of Public International Law, the Armed Conflicts Law and the International Criminal Law, each with its own legal standards and approaches, which can be applied to the same concepts, situations or behaviors. Regardless of the common space in which the concept of Military Necessity overlaps between the two branches, there are cases and situations in which the strict application of the elements of exemption from criminal liability may lead to the impossibility of achieving the goals and purposes of Military Necessity in the Armed conflicts Law. The first chapter deals with the requirements of Military Necessity in the Armed Conflicts Law, and the second one treats the restoring of the state of Military Necessity to the original adopted in the International Criminal Law and analyzing it as a barrier to international criminal liability.