Emory International Law Review


Nobuo Hayashi


Modern theories correctly reject the Kriegsräson doctrine, according to which the laws of war do not override the necessities of war and it is rather the latter that override the former. One such theory holds that unqualified rules of international humanitarian law ("IHL") exclude military necessity being invoked de novo as a ground for deviation therefrom, yet not as a ground for additional restraint thereon. This theory--let us call it "counter-Kriegsräson"-is unacceptable for two reasons.