The Concept of Proportionality in the Context of International Humanitarian Law and Its Customary Basis
الباحث الأول:
Auricle Global Society of Education and Research
المجلة:
Contemporary Readings in Law and Social Justice
تاريخ النشر:
16 يونيو، 2024
مختصر البحث:
Understanding the development of the IHL rule on proportionality in treaty law can help states and organizations ensure compliance with international humanitarian law during armed conflicts. Recognizing proportionality as a customary IHL rule can gu…
Understanding the development of the IHL rule on proportionality in treaty law can help states and organizations ensure compliance with international humanitarian law during armed conflicts. Recognizing proportionality as a customary IHL rule can guide decision-making processes in military operations to minimize harm to civilians and civilian objects. The paper provides an overview of the development of the IHL rule on proportionality in treaty law. It discusses the existence of proportionality as a customary IHL rule. The paper discusses the development of the rule on proportionality in international humanitarian law (IHL) in treaty law. It also explores the existence of proportionality as a customary rule in IHL. The findings indicate that proportionality is a pragmatic principle designed to restrict the extent of harm caused by military actions. The principal mandates that the military advantage sought must be commensurate with the tools and techniques of battle used. The efficacy of this approach becomes apparent during combat operations, as the conflicting parties must exert maximum effort to strike a balance between the military advantage gained and the accompanying collateral damage. We have also shown the conventional character of the idea, as validated by the legal decisions of international courts. Given the significance of the idea, it is desired that world legislators clearly include the principle in the documents of international humanitarian law. Furthermore, it is anticipated that the International Committee of the Red Cross will prioritize the concept in its regular publications and elucidate its significance.
