The Effects of the use of Military Necessity on Civilians Populations

Abstract The principle of military necessity is an important pillar of the international law of armed conflict and international humanitarian law. However, there is no clear definition of the principle which has many applications to complex cases, and this is due to the different categories of armed conflicts. Today , countries and armed groups use this principle as an excuse to violate the rules of international humanitarian law, which its original goal is to protect non-combatants during armed conflicts and considered a legal refuge for civilians during armed conflict. The four Geneva Conventions of 1949 and Additional Protocols of 1977sets the legal basis for the principle of military necessity. This article attempts to shed light on the principle and its impact on civilians during armed conflicts . It argues that the use of this important principle during armed conflicts must take humanitarian considerations into account and not cause any unnecessary pain.