Procedural Aspects of Proportionality
In this chapter, it is suggested that the focus of the application of the principle of proportionality in practice lies in the procedural aspects of the principle—the precautions taken before an attack, the decision-making processes, and the institutions put in place in order to verify whether the rule of proportionality was applied. Based on this insight, the chapter concludes proportionality is a highly bureaucratized mode of operation, in which a specific set of procedures is followed. These procedures are justified both because they create a heightened awareness of the value of human lifes, and because they provide an effective way to control the actions of soldiers. The chapter then discusses several aspects of this procedural approach: the proper decision-maker; the requirement to provide advanced warnings; the duty to gather intelligence before an attack is launched; and the role of the military legal advisor.