Home VOL. 9 (2023) Issues of Military Necessity and Humanitarian Consequences in the Russia- Ukraine Armed...

Issues of Military Necessity and Humanitarian Consequences in the Russia- Ukraine Armed Conflict: Uncovering the Implementation Gaps

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Abstract

This paper assessed the regulatory regime governing the application of military necessity in an international armed conflict. It critically analyzed the main factors behind the application of military necessity by the Russian Federated and the increased claims for its application in the ongoing Ukraine war. The humanitarian consequences of its application will be analyzed. In doing so, the paper advanced several conceptual and theoretical arguments to support its opinion. It also argued that a wrongful application of military necessity in an international armed conflict may result to humanitarian consequences on the civilian populations who are not parties to the armed conflict. The paper further argued that the problem associated with such applications is not as a result of lack of existing international law rules, but the implementation of relevant international humanitarian law and international human rights law which forms a complementary frameworks governing the issue of application of military necessity in the Ukraine armed conflict.

Authors: Salim Bashir Magashi, Uche Nnawulezi, Elegalam Kingsley Ozioma