عنوان

The concept of military objective in international law and military practice

Number

TLets576983

Title Proper

The concept of military objective in international law and military practice

General Material Designation

[Thesis]

First Statement of Responsibility

Jachec-Neale, Agnieszka

Name of Publisher, Distributor, etc.

University of Essex

Date of Publication, Distribution, etc.

2013

Dissertation or thesis details and type of degree

Ph.D.

Body granting the degree

University of Essex

Text preceding or following the note

2013

Text of Note

This thesis analyses the concept of military objective in international law and in the practice ofstates. It examines all the components of the definition enshrined in Article 52.2 of the 1977Additional Protocol I to the four 1949 Geneva Conventions. This involves considering themeaning and interpretation of the terms involved, such as effective contribution to militaryaction and definite military advantage. The thesis also discusses subsequent practice in theapplication of the treaty. Such practice, in line with the Vienna Convention on the Law ofTreaties, assists in the clarification of the interpretation of the phrases used in the test.This thesis also examines how the definition works in practice. It seeks to identify what statepractice can tell us about the interpretation of the definition, and the problems states mayencounter when applying it. The practice in this thesis is analysed from two angles. First, thethesis looks at how military doctrine - which influences how armed forces conceptualizemilitary operations - may affect the behaviour of states during armed conflict. Such behaviourcontributes to what is regarded as the practice of states, which further assists in clarifying of theinterpretation of the definition. The analysis of military doctrine comprises a general overviewof strategic, operational and tactical doctrine, and a discussion of specific targeting doctrine.Second, the thesis will consider practice in the specific context of coalition warfare. Thisanalysis highlights the fact that states' behaviour may be affected by a number of factors,including political imperatives and military considerations. This complicates the evaluation ofsuch practice. A separate issue results from the research conducted, and concerns the standardof evidence required for the legal assessment of targets.

Jachec-Neale, Agnieszka

University of Essex

Electronic name

p

[Thesis]

276903

a

Y