Negotiating the demands of law and necessity had been a feature of civilized warfare since ancient times. That it is difficult does not constitute an excuse not to pursue it. Just like anything worth doing, confronting it requires intellectual vigor and moral courage; I do not think, for my part, that "mere expediency" is interchangeable with "necessity". I will give you an ancient example and a modern example. In the Battle of Agincourt, Henry V executed French prisoners, but he was not condemned for it, because the real threat of a prisoner breakout and escape outweighed the demands of chivalry. In contrast, US troops in Iraq operated under a very restrictive RoE with regard to mosques and religious sites, which states that troops are forbidden to fire on mosques unless insurgents were putting effective fire on US troops from them. In this case, American causalities that might be incurred from the RoE is not sufficiently great to justify an overwhelming and undiscriminating use of firepower.
In juggling with those problems I suggest you to distinguish jus ad bellum (just cause for conducting war) and just in bello (just conduct of war). A nation can engage in warfare for a just cause but lapse into an unjust conduct thereof, just as a nation can fight for an unjust cause fairly. Also, keep in mind that international law implicitly recognizes the possibly that two nations can simultaneously wage just war against each other in a just manner.



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