In some cases, there is a presumption that certain actions are unlawful; it was not possible to prohibit them in absolute terms but they are unlawful unless justified by “imperative military necessity.” This qualification of “absolutely necessary” or “for reasons of imperative military necessity” puts a significant burden of proof on those invoking the exception. Examples include the Fourth Geneva Convention, which restricts the internment of protected persons and the transfer or deportation from an area of occupied territory; Additional Protocol I, which would normally prohibit a scorched-earth policy but which allows it in exceptional circumstances in national territory; and Additional Protocol II, which normally prohibits the internal displacement
