University of Tehran Public Law Studies Quarterly 2423-8120 49 3 2019 09 23 Military Necessity as an Exception in Law of Armed Conflicts Military Necessity as an Exception in Law of Armed Conflicts 717 734 70720 10.22059/jplsq.2018.214896.1341 FA Valiollah Noori Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran Seyed Ghasem Zamani Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran – Law Department, Allameh Tabatabaee University, Tehran, Iran Masoud Raei Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran Journal Article 2016 08 30 Military necessity is an important concept in both jus ad bellum and jus in bello. Jus ad bellum refers to the legal norms which restrict the circumstances in which states can resort to the use of force, while jus in bello refers to the placing of limits on the manner in which hostilities are conducted. In the past, it was often claimed that a belligerent party is at liberty to deviate from the law of international armed conflict when military necessity so demanded. This claim, which actually means that military necessity is superior to the law, is now completely defunct. At present, it is indisputable that if ‘necessity knows no law’, then there is no law. At present military necessity can only be considered as an exception to the humanitarian rules, but of course there is some requirements for this exception that military necessity cannot be achieved without them. Military necessity is an important concept in both jus ad bellum and jus in bello. Jus ad bellum refers to the legal norms which restrict the circumstances in which states can resort to the use of force, while jus in bello refers to the placing of limits on the manner in which hostilities are conducted. In the past, it was often claimed that a belligerent party is at liberty to deviate from the law of international armed conflict when military necessity so demanded. This claim, which actually means that military necessity is superior to the law, is now completely defunct. At present, it is indisputable that if ‘necessity knows no law’, then there is no law. At present military necessity can only be considered as an exception to the humanitarian rules, but of course there is some requirements for this exception that military necessity cannot be achieved without them. https://jplsq.ut.ac.ir/article_70720_d288265c1b7fde945b672e7e51599bb5.pdf