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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A reviewer concludes that a proposed action serves a genuine military purpose. Another reviewer identifies an applicable express prohibition and notes that it contains no necessity exception covering the facts. The first reviewer argues that usefulness always prevails. Which conclusion follows?

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The prohibition remains; a genuine purpose alone does not create a missing necessity exception. Both sides must agree before an express prohibition has any force. The prohibition applies only after defeat. The first reviewer can amend the treaty informally.

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