Tom Brake – 2016 Parliamentary Question to the Ministry of Defence

The below Parliamentary question was asked by Tom Brake on 2016-03-15.

To ask the Secretary of State for Defence, pursuant to the Answer of 9 March 2016 to Question 29390, what definition of principle of military necessity his Department uses to assess whether an incident counts as violation of international humanitarian law.

Penny Mordaunt

International Humanitarian Law is founded in customary international law but now extensively codified in international agreements, most notably the Geneva Conventions of 1949 and the Additional Protocols. The UK’s interpretation of the principles of proportionality, military necessity, humanity and distinction is set out in the Ministry of Defence’s Joint Service Publication (JSP) 383, the Manual of the Law of Armed Conflict, which is available online (https://www.gov.uk/government/collections/jsp-383).