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Proportionality in International Humanitarian Law: Refocusing the Balance in Practice

Proportionality in International Humanitarian Law: Refocusing the Balance in Practice

作者： Jeroen van den Boogaard
出版商： Cambridge University Press
ISBN: 9781108845137
出版时间 August 2023
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
1. Introduction
2. IHL proportionality in international law
3. Other standards of moderation in international humanitarian law
4. The concept of proportionality in international humanitarian law
5. Proportionality in context
6. Components of the equation
7. Proportionality in practice
8. Assessing proportionality
9. Determining excessiveness and a plea for tilting the balance towards humanity

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