Proportionality in International Humanitarian Law: Refocusing the Balance in Practice

International Law

Proportionality in International Humanitarian Law: Refocusing the Balance in Practice

By Jeroen van den Boogaard
Cambridge University Press August 2023

Specifications

ISBN-13
9781108845137
Publisher
Cambridge University Press
Publication
August 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.

Table of Contents

1. Introduction
2. IHL proportionality in international law
3. Other standards of moderation in international humanitarian law
4. The concept of proportionality in international humanitarian law
5. Proportionality in context
6. Components of the equation
7. Proportionality in practice
8. Assessing proportionality
9. Determining excessiveness and a plea for tilting the balance towards humanity
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