Article 23(g) Imperative Military Necessity Imposes No Higher Standard than Ordinary Military Necessity

Article 23(g) Imperative Military Necessity Imposes No Higher Standard than Ordinary Military Necessity

by | Jun 9, 2025 | AoW Posts, Blog, Law of Armed Conflict

Article 23(g) Imperative Military Necessity Imposes No Higher Standard than Ordinary Military Necessity This post addresses the requirement for “imperative military necessity” to justify property destruction under Article 23(g) of the Hague Regulations of 1907,...
Understanding the Distinction Between Property Destruction Governed by Hague Article 23(g) and the Rules Governing Attacks

Understanding the Distinction Between Property Destruction Governed by Hague Article 23(g) and the Rules Governing Attacks

by | Nov 6, 2024 | AoW Posts, Blog, Law of Armed Conflict, Occupation, Targeting

Understanding the Distinction Between Property Destruction Governed by Hague Article 23(g) and the Rules Governing Attacks This analysis follows my prior post explaining the obligations imposed by Article 23(g) of the Hague Regulations of 1907, annexed to Hague...
Rules Governing Property Destruction Outside of the Attack and Occupation Contexts

Rules Governing Property Destruction Outside of the Attack and Occupation Contexts

by | May 31, 2024 | AoW Posts, Blog, Law of Armed Conflict

Rules Governing Property Destruction Outside of the Attack and Occupation Contexts The rules governing property destruction occurring outside of attack operations and the occupation phase of military operations are contained in Article 23(g) of the Hague Regulations...
Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality

Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality

by | Apr 2, 2024 | AoW Posts, Blog, Israel-Hamas 2023 Symposium, Law of Armed Conflict, Targeting

Israel – Hamas 2024 Symposium – Civilian Protection as an Element of Military Advantage in Determining Proportionality In a prior post, I raised the issue of whether the protection of Israeli civilians may be treated as a military advantage in determining the...
Application of the Principle of Military Advantage in Determining Proportionality

Application of the Principle of Military Advantage in Determining Proportionality

by | Jan 23, 2024 | AoW Posts, Blog, Law of Armed Conflict, Targeting

Application of the Principle of Military Advantage in Determining Proportionality This post examines the concept of “concrete and direct military advantage” used for purposes of applying proportionality rules in targeting. It concludes that military...