This paper assessed the regulatory regime governing the application of military necessity in an international armed conflict. It critically analyzed the main factors behind the application of military necessity by the Russian Federated and the increased claims for it’s application in the ongoing Ukraine war. The humanitarian consequences of it’s application will be analyzed. In doing so, the paper advanced several conceptual and theoretical arguments to support its opinion. It also argued that a wrongful application of military necessity in an international armed conflict may result to humanitarian consequences on the civilian populations who are not parties to the armed conflict.