Proportionality in International Humanitarian Law: Consequences, Precautions, and Procedures

The principle of proportionality is a cornerstone of international humanitarian law, prohibiting attacks that may cause incidental harm to civilians exceeding the direct military advantage. However, its exact meaning is vague, leading to controversy in asymmetrical conflicts. In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle, proposing that debates should focus on precautions taken before the attack and investigations of violations.

Format: Hardback
Length: 280 pages
Publication date: 08 October 2021
Publisher: Oxford University Press Inc

The principle of proportionality is a fundamental cornerstone of international humanitarian law (IHL). Virtually all states engaged in armed conflicts acknowledge that launching an attack that may result in incidental harm to civilians exceeding the direct military advantage anticipated from the attack is prohibited. This prohibition is enshrined in military manuals, taught in professional courses, and widely accepted as axiomatic. However, the precise interpretation of the principle remains ambiguous. Almost every aspect of the issue, ranging from the simplest question of how to compare civilian harm and military advantage to the obligation to employ accurate but expensive weapons, is subject to debate. Controversy is particularly prevalent in asymmetrical conflicts, in which many modern democracies are involved. How 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 take precautions in attack, when virtually every attack targets objects that have dual military and civilian purposes?

In their book, Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski delve into the philosophical and political underpinnings of the principle of proportionality. Offering a novel and comprehensive perspective on this crucial doctrine, they examine in detail the various elements of the proportionality "equation": the definition of "incidental harm" to civilians; the concept of "military advantage" and the term "excessive." The book proposes a reorientation of the debates surrounding the principle of proportionality, shifting the focus from the aftermath of attacks to the precautions taken before them and the course of action states should pursue in investigating violations of the principle.

By examining these critical aspects, the book aims to provide a comprehensive understanding of the principle of proportionality in IHL. It serves as a valuable resource for scholars, policymakers, and practitioners seeking to navigate the complex challenges posed by armed conflicts in a manner that respects the principles of humanity, legality, and effectiveness.

Weight: 558g
Dimension: 164 x 243 x 24 (mm)
ISBN-13: 9780197556726