УДК 355:34(4-672EU)
Библид: 1451-3188, 15 (2016)
Vol. 16, No 55, стр. 299-313

Изворни научни рад
Примљено: 01 Jan 1970
Прихваћено: 01 Jan 1970


Mladenov Marijana (Правни факултет за привреду и правосуђе у Новом Саду, Универзитет Привредна академија у Новом Саду), mladenovmarijana@gmail.com
Avramović Nenad

One of the most important issues in international humanitarian law is the principle of military necessity. Protection of this principle within the legal system of the European Union represents the subject matter of the paper. First of all, before an analysis of the concept of military necessity in the regulations concerning the rules of war, it is presented in what way these rules are incorporated into the legal system of the European Union. Treaty on European Union, in the part referring to foreign policy, stipulates that the Union shall contribute to peace, security and mutual respect among peoples. Furthermore, the Council of the EU adopted a series of documents that contain instructions on how to ensure the application of the rules of international humanitarian law, among which the Guidelines on promoting compliance with international humanitarian law are especially significant. Analysis of the principle of military necessity is presented through the provisions of the Geneva Conventions of 1949 and their Additional Protocols. Since all European Union Member States have ratified the Geneva Convention and their Additional Protocol, the EU can be viewed as a vehicle through which Member States can collectively make efforts towards fulfilling their duties under the Geneva Conventions. According to the Geneva Conventions, the principle of military necessity represents as an exceptional clause attached to the provisions of international humanitarian law. Therefore, achieving a balance between military necessity and requirements of the principle of humanity is of great importance and it should be viewed as the responsibility of the international community and regional organizations, including the European Union.

Кључне речи: Military necessity, Geneva Conventions, international humanitarian law, European Union law