In this chapter we will look at two jus in bello constraints that restrict the amount of force combatants are permitted to use during armed conflict. If the principle of discrimination determines whom we can kill and what we can break, proportionality and necessity determine the amount of damage we may permissibly do. In traditional Just War Theory these two constraints are often combined in discussion of the jus in bello proportionality principle. However, for greater clarity, I will pull them apart here
Even in just wars we infringe the rights of countless civilians whose ruination enables us to protec...
The principle of proportionality is a central feature of international law regulating modern militar...
Published online on 01 December 2018Military operations are taking place with increasing frequency i...
This chapter argues in favor of a political version of the norm of proportionality. Proportionality,...
Proportionality functions as oneof the most important legal constraints applicable to the conduct of...
Contrary to the common claim that jus in bello proportionality is an obscure and intractable princip...
Contrary to the common claim that jus in bello proportionality is an obscure and intractable princip...
In the past, most armed conflicts were international, but today armed conflicts often are non-intern...
Traditionally, international law has established a binary distinction between jus ad bellum and jus ...
Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersect...
The laws of war are undergoing a fundamental transformation. The first step was the unmooring of the...
The existence of the principle of proportionality as a norm is undisputed, and military commanders i...
The precise scope of the right of self-defence remains a very controversial aspect of jus ad bellum;...
I argue that the criterion of just cause is not independent of proportionality and other valid jus a...
Examines how the traditional values of proportionality are being eroded by the advent of modern prec...
Even in just wars we infringe the rights of countless civilians whose ruination enables us to protec...
The principle of proportionality is a central feature of international law regulating modern militar...
Published online on 01 December 2018Military operations are taking place with increasing frequency i...
This chapter argues in favor of a political version of the norm of proportionality. Proportionality,...
Proportionality functions as oneof the most important legal constraints applicable to the conduct of...
Contrary to the common claim that jus in bello proportionality is an obscure and intractable princip...
Contrary to the common claim that jus in bello proportionality is an obscure and intractable princip...
In the past, most armed conflicts were international, but today armed conflicts often are non-intern...
Traditionally, international law has established a binary distinction between jus ad bellum and jus ...
Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersect...
The laws of war are undergoing a fundamental transformation. The first step was the unmooring of the...
The existence of the principle of proportionality as a norm is undisputed, and military commanders i...
The precise scope of the right of self-defence remains a very controversial aspect of jus ad bellum;...
I argue that the criterion of just cause is not independent of proportionality and other valid jus a...
Examines how the traditional values of proportionality are being eroded by the advent of modern prec...
Even in just wars we infringe the rights of countless civilians whose ruination enables us to protec...
The principle of proportionality is a central feature of international law regulating modern militar...
Published online on 01 December 2018Military operations are taking place with increasing frequency i...