Proportionality in International Humanitarian Law PDF Download

Author: Amichai Cohen
Publisher: Oxford University Press
ISBN: 0197556728
Category : Law
Languages : en
Pages : 281

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Book Description
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?

Author: Judith Gardam
Publisher: Cambridge University Press
ISBN: 1139456172
Category : Law
Languages : en
Pages : 288

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Book Description
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610

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Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author: Michael A. Newton
Publisher: Oxford University Press, USA
ISBN: 0199355037
Category : Law
Languages : en
Pages : 354

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Book Description
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.

Author: Anne Quintin
Publisher: Edward Elgar Publishing
ISBN: 1839107448
Category : Law
Languages : en
Pages : 384

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Book Description
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.

Author: Dr Kjetil Mujezinovic Larsen
Publisher: Cambridge University Press
ISBN: 1107021847
Category : Law
Languages : en
Pages : 379

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Book Description
This book provides an examination of whether there is a legally independent 'principle of humanity' in international humanitarian law.

Author: Jeroen van den Boogaard
Publisher: Cambridge University Press
ISBN: 1108960057
Category : Law
Languages : en
Pages : 331

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Book Description
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.

Author: Michael Bothe
Publisher: Oxford University Press
ISBN: 0199658803
Category : History
Languages : en
Pages : 767

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Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Author: Yishai Beer
Publisher: Oxford University Press
ISBN: 0190881151
Category : Law
Languages : en
Pages : 320

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Book Description
This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.

Author: Ian Henderson
Publisher: BRILL
ISBN: 9047428269
Category : Law
Languages : en
Pages : 288

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Book Description
This book provides an analysis of the law of targeting during an armed conflict; focusing on what is a lawful target, what is proportional collateral damage, and describing a process by which legal responsibility for targeting decisions can be assessed.