Overview

The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. 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?In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle of proportionality. Offering a fresh and comprehensive look at this key doctrine, they comprehensively discuss the different components of the proportionality

Full Product Details

Author:   Amichai Cohen (Professor of International Law, Professor of International Law, Ono Academic College) ,  David Zlotogorski
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 16.30cm , Height: 2.30cm , Length: 23.60cm
Weight:   0.590kg
ISBN:  

9780197556726

ISBN 10:   0197556728
Pages:   282
Publication Date:   08 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Preface PART I: GENERAL CONCEPTS Chapter 1: An Introduction to Proportionality Chapter 2: Ethical and Constitutional Foundations Chapter 3: A General Overview of Proportionality in IHL PART II: THE PRACTICAL APPLICATION OF PROPORTIONALITY Chapter 4: Military Advantage Chapter 5: Incidental Harms Chapter 6: Soldiers vs. Civilians Chapter 7: Strategic and Cultural Considerations Chapter 8: Direct Participation in Hostilities and its Effect on Proportionality Chapter 9: Human Shields and Proportionality Chapter 10: The Principle of Distinction and its Relation to Proportionality PART III: UNDERSTANDING PROPORTIONALITY Chapter 11: The Vagueness of Proportionality Chapter 12: Procedural Aspects of Proportionality Chapter 13: Judicial Review and Investigations Chapter 14: The Future of Proportionality Conclusion

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Author Information

"Amichai Cohen is a Professor of International Law at the Ono Academic College, Israel, and a senior fellow at the Israel Democracy Institute, where he is the director of the Center on Democracy and National Security. His main areas of research are International Humanitarian Law, and Israel's National Security Law. David Zlotogorski, LL.M. in Human Rights Law as an Emile Zola fellow in the ""Takannah"" program in the College of Management, Israel."

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