Proportionality in International Humanitarian Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Proportionality in International Humanitarian Law write by Amichai Cohen. This book was released on 2021. Proportionality in International Humanitarian Law available in PDF, EPUB and Kindle. 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?
Revisiting Proportionality in International and European Law
Revisiting Proportionality in International and European Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Revisiting Proportionality in International and European Law write by Ulf Linderfalk. This book was released on 2021-05-12. Revisiting Proportionality in International and European Law available in PDF, EPUB and Kindle. In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Proportionality in International Law
Proportionality in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Proportionality in International Law write by Michael A. Newton. This book was released on 2014. Proportionality in International Law available in PDF, EPUB and Kindle. 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.
Necessity and Proportionality and the Right of Self-Defence in International Law
Necessity and Proportionality and the Right of Self-Defence in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Necessity and Proportionality and the Right of Self-Defence in International Law write by Chris O'Meara. This book was released on 2021-03-11. Necessity and Proportionality and the Right of Self-Defence in International Law available in PDF, EPUB and Kindle. States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Necessity and Proportionality in International Peace and Security Law
Necessity and Proportionality in International Peace and Security Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Necessity and Proportionality in International Peace and Security Law write by Claus Kreß. This book was released on 2020-11-30. Necessity and Proportionality in International Peace and Security Law available in PDF, EPUB and Kindle. "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
