Humanitarian Principles and Jurisprudential Foundation
摘要
In this chapter I introduce and describe the basic principles of the laws of armed conflict: military necessity, distinction, unnecessary suffering, proportionality and humanity. Subsequently, I offer some jurisprudential insights into the principles through the Hart-Dworkin exchanges on rules and principles. I try to locate critically the principles of the laws of armed conflict in this jurisprudential framework by using the basic ideas of principle and the “dimension of weight.” I strive to demonstrate how the “humanitarian” principles are not in harmony with this jurisprudential premise.