Proportionality in International Humanitarian Law

2021 ◽  
Author(s):  
Amichai Cohen ◽  
David Zlotogorski
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
State Actor ◽  
Principle Of Proportionality ◽  
Almost All

The principle of proportionality is one of the cornerstones of International Humanitarian Law (IHL). 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, and accepted as almost axiomatic. And yet, the exact meaning of this principle is vague. Almost every issue is in dispute—from the most elementary question of how to compare civilian harm and military advantage, to the possible obligation to employ accurate but expensive weapons. 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 and civilian purposes?

The Principle of Distinction Between Civilians and Combatants

2014 ◽  
Author(s):  
Nils Melzer
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Practical Application ◽  
Civilian Population ◽  
Number Of Factors ◽  
Armed Actors

This chapter examines the provisions of international humanitarian law (IHL) concerning the distinction between legitimate military targets and persons protected against direct attacks. It explains that the practical application of the principle of distinction in contemporary armed conflicts has become increasingly difficult because of a number of factors. These include the growing asymmetry of military confrontations, the intermingling of armed actors with the civilian population, and the increasing involvement of civilians in the conduct of hostilities.

Protecting Civilians during the Fight against Transnational Terrorism: Applying International Humanitarian Law to Transnational Armed Conflicts

2009 ◽  
Vol 46 ◽  
pp. 241-305
Author(s):  
Karinne Coombes
Keyword(s):  
Rule Of Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Transnational Terrorism ◽  
The Rule Of Law ◽  
State Actor

SummaryThis article explores how international humanitarian law (IHL) may apply to protect innocent civilians during the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism while respecting the rule of law and the rights of individuals, it is argued that, while IHL should remain applicable only to armed conflicts it must evolve so that it clearly applies to “transnational” armed conflicts (that is, armed conflicts between State A and a non-state actor based in State B, where State A uses force in the territory of State B without State B’s consent). Rather than recognizing a new third category of armed conflict to cover these situations, it is argued that non-international armed conflicts should be understood as a residual category that regulates all armed conflicts to which the parties are states and/or their agents.

Resolution of the Council of Delegates 1985

1986 ◽  
Vol 26 (250) ◽  
pp. 11-15
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions ◽  
Harmful Effects

The Council of Delegates,Mindful of the decisive contribution made by the Protocols additional to the Geneva Conventions of 12 August 1949 to the development of international humanitarian law and, in particular, to the protection of the civilian population against the harmful effects of armed conflicts

scholarly journals The Fight Against the Islamic State andJus in Bello

2016 ◽  
Vol 29 (3) ◽  
pp. 827-852 ◽  
Author(s):  
VAIOS KOUTROULIS
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Islamic State ◽  
Humanitarian Law ◽  
Applicable Law ◽  
State Actor ◽  
Scope Of Application ◽  
Geographical Scope

AbstractThis article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.

Tracing the Historical and Legal Development of the Levée en Masse in the Law of Armed Conflict

2017 ◽  
Vol 19 (3) ◽  
pp. 329-361 ◽  
Author(s):  
Emily Crawford
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Legal Development ◽  
Law Of Armed Conflict ◽  
History Of ◽  
The Law

Levée en masse – the spontaneous uprising of the civilian population against an invading force – has long been a part of the modern law of armed conflict with regard to determining who may legitimately participate in armed conflict. The concept originated during the revolutionary wars in America and France, and was incorporated into the first codified rules of armed conflict. However, despite the prevalence of the category of levée en masse in the modern laws of armed conflict, there have been few, if any, instances of levée en masse taking place in modern armed conflicts. This article examines how and why the category of levée en masse developed. In doing so, this article situates the concept and evolution of levée en masse within the history of international humanitarian law more generally.

Twenty-five Years after the Adoption of Additional Protocol II: Breakthrough or Failure of Humanitarian Legal Protection?

2001 ◽  
Vol 4 ◽  
pp. 129-166
Author(s):  
Heike Spieker
Keyword(s):  
Legal Protection ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Internal Armed Conflicts

On 12 December 2002, the international community celebrated the twenty-fifth anniversary of the opening for signature of 1977 Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. In view of today's armed hostilities around the globe, this anniversary raises the questions whether international humanitarian law provides substantive regulation protecting civilians in non-international armed conflicts; whether such legal protection is effectively countering the sufferings of the civilian population and what are now the main challenges for the international communityvis-à-visinternal armed conflicts.

Proportionality and Autonomous Weapons Systems

2015 ◽  
Vol 6 (2) ◽  
pp. 247-283 ◽  
Author(s):  
Jeroen van den Boogaard
Keyword(s):  
Artificial Intelligence ◽  
International Humanitarian Law ◽  
Human Intervention ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Autonomous Weapons ◽  
Principle Of Proportionality ◽  
Near Future ◽  
Proportionality Rule ◽  
Weapons Systems

Given the swift technologic development, it may be expected that the availability of the first truly autonomous weapons systems is fast approaching. Once they are deployed, these weapons will use artificial intelligence to select and attack targets without further human intervention. Autonomous weapons systems raise the question of whether they could comply with international humanitarian law. The principle of proportionality is sometimes cited as an important obstacle to the use of autonomous weapons systems in accordance with the law. This article assesses the question whether the rule on proportionality in attacks would preclude the legal use of autonomous weapons. It analyses aspects of the proportionality rule that would militate against the use of autonomous weapons systems and aspects that would appear to benefit the protection of the civilian population if such weapons systems were used. The article concludes that autonomous weapons are unable to make proportionality assessments on an operational or strategic level on their own, and that humans should not be expected to be completely absent from the battlefield in the near future.

Protection of Children in International Humanitarian Law

1984 ◽  
Vol 24 (240) ◽  
pp. 140-152 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
Geneva Convention ◽  
Legal Protection ◽  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions ◽  
War Experience ◽  
Second World

The legal protection of children was introduced into international humanitarian law after the Second World War. Experience during that conflict had, in fact, pointed to the urgent need to draw up an instrument of public international law for protecting civilian population in wartime. The results of the ICRC's efforts in this field led to the adoption of the 1949 Fourth Geneva Convention relative to the protection of civilian persons in time of war. From that time on, children, as members of the civilian population, were entitled to benefit from the application of that Convention. Moreover, the first international humanitarian law regulations concerning armed conflicts not of an international character, contained in article 3, common to the four 1949 Geneva Conventions, were drawn up at the 1949 Diplomatic Conference. Here again, children were protected, in the same way as all “persons taking no active part in the hostilities”.

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

The 1974 Diplomatic Conference on Humanitarian Law: Some Observations

1975 ◽  
Vol 69 (1) ◽  
pp. 77-91 ◽  
Author(s):  
David P. Forsythe
Keyword(s):  
World War I ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Civilian Population ◽  
International Conference ◽  
Conventional Weapons ◽  
First Time

The 1974 Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts was the first attempt by a full-fledged diplomatic conference in 25 years to create new law for the protection of victims of wars. It was also the first time in some 40 years that a diplomatic conference has taken up the question of restricting the use of conventional weapons. And it was the first time since before World War I that an international conference had looked extensively at the question of methods of attack and had weighed their impact on the civilian population.

Sign in / Sign up

Export Citation Format

Share Document