What is an essential factor in determining military necessity?

The essential factor in determining military necessity is compliance with international law. Military necessity refers to the principle that military actions must be necessary to achieve a legitimate military objective and that such actions must not violate the laws of armed conflict, including international humanitarian law. This means that while military effectiveness is important, it has to be balanced with legal obligations, ensuring that actions taken during conflict are justified, proportionate, and do not contravene human rights or the law of war.

Adhering to international law establishes norms and limits for military conduct, emphasizing protection for non-combatants and ensuring that military actions are appropriate for the circumstances. This compliance is crucial, not only for maintaining ethical standards but also for fostering legal accountability in military operations.