European Parliament Library

Proportionality in international humanitarian law, consequences, precautions, and procedures, Amichai Cohen and David Zlotogorski

Label
Proportionality in international humanitarian law, consequences, precautions, and procedures, Amichai Cohen and David Zlotogorski
Language
eng
Bibliography note
Includes bibliographical references and index
Illustrations
illustrations
Index
index present
Intended audience
Specialized
Literary Form
non fiction
Main title
Proportionality in international humanitarian law
Nature of contents
dictionariesbibliography
Oclc number
1246575988
Responsibility statement
Amichai Cohen and David Zlotogorski
Series statement
The Lieber studies seriesOxford scholarship online
Sub title
consequences, precautions, and procedures
Summary
The principle of proportionality is one of the cornerstones of International Humanitarian Law. Almost all states involved in armed conflicts recognize that it is prohibited to launch an attack that is expected to cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack. This prohibition is included in military manuals, taught in professional courses, & accepted as almost axiomatic. Yet, the exact meaning of this principle is vague. Almost every issue is in dispute. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military & civilian purposes?
Table Of Contents
An introduction to proportionality -- Ethical and constitutional foundations -- A general overview of proportionality in IHL -- Military advantage -- Incidental harms -- Soldiers vs. civilians -- Strategic and cultural considerations -- Direct participation in hostilities and its effect on proportionality -- Human shields and proportionality -- The principle of distinction and its relation to proportionality -- The vagueness of proportionality -- Procedural aspects of proportionality -- Judicial review and investigations -- The future of proportionality
Classification
Other version
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