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

Format:

Book

Author/Creator:

Cohen, Amichai, author.

Zlotogorski, David, author.

Series:

Lieber studies series.

Oxford scholarship online.

The Lieber studies series

Oxford scholarship online

Language:

English

Subjects (All):

Proportionality in law.

Humanitarian law.

Physical Description:

1 online resource (280 pages).

Place of Publication:

Oxford, England ; New York, New York : Oxford University Press, [2020]

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?

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.

Notes:

Also issued in print: 2021.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-755674-4

0-19-755675-2

0-19-755673-6

OCLC:

1246575988