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Proportionality in International Humanitarian Law - Consequences, Precautions, and Procedures (Hardcover)
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Proportionality in International Humanitarian Law - Consequences, Precautions, and Procedures (Hardcover)
Series: The Lieber Studies Series
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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 "equation" - the meaning of "incidental
harm" to civilians; the "military advantage" and the term
"excessive". The book proposes the debates over the principle of
proportionality be reframed to focus on the precautions taken
before the attack along with the course States should follow in
investigations of the violations of the principle.
General
Imprint: |
Oxford UniversityPress
|
Country of origin: |
United States |
Series: |
The Lieber Studies Series |
Release date: |
October 2021 |
Authors: |
Amichai Cohen
(Professor of International Law)
• David Zlotogorski
|
Dimensions: |
242 x 162 x 21mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
280 |
ISBN-13: |
978-0-19-755672-6 |
Categories: |
Books >
Law >
International law >
General
|
LSN: |
0-19-755672-8 |
Barcode: |
9780197556726 |
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