proportionality
61 Articles
Balancing State Security and Peace and Security in Outer Space: What Role for International Law on the Use of Force?
Understanding jus ad bellum necessity and proportionality is crucial to addressing concerns regarding the weaponization of outer space.
Law of War Questions Raised by Exploding Pagers in Lebanon
The exploding pagers in Lebanon raise a number of factual and legal questions related to the obligations of the attacker under the law of armed conflict.
A Reply to Chris O’Meara: Necessity and Proportionality in International Law on the Use of Force
In his thought-provoking essay in Just Security, Chris O’Meara provides an insightful analysis of Ukraine’s recent incursion into Kursk Oblast under the law governing the use…
Assessing Jus Ad Bellum Proportionality: A Factored Approach
Nine factors, considered in their totality, would provide a more nuanced understanding of jus ad bellum proportionality and assist States in identifying specific concerns with…
On Civilians’ Return to North Gaza: What International Humanitarian Law Requires
A leading legal scholar analyzes international humanitarian law obligations of Israel to permit Palestinian civilians to return to Northern Gaza.
Why the ICJ Ruling Misses the Mark: Mitigating Civilian Harm With An Enemy Engaged in Human Shielding
Former CENTCOM Commander General (ret.) Joseph Votel and Professor Claire Finkelstein critically analyze South Africa's positions before the International Court of Justice in…
The Principle of Proportionality in the DoD Law of War Manual
Two key issues in Department of Defense Law of War Manual on harm to non-combatants.
Revisiting International Law in the Gaza Context
When it comes to the laws of war, a substantial number of commentators can play the notes but not the music. This essay examines the Hamas-Israel War in light of this ever-evolving…
Israel’s Rewriting of the Law of War
A close analysis of Israeli government statements on “proportionality” and civilian harm.
Proportionality in Self-Defense: A Brief Reply
A response to an article published on how military campaigns can never be rendered disproportionate by the total harm inflicted on civilians.
The Problem of Proportionality: A Response to Adil Haque
Whether the magnitude of State responses to terror is ethical and wise goes beyond determinations of legal compliance.
In Gaza, Catastrophic Violence of War and Slow Violence of Oppression Collide
The excesses of atrocity should not distract from the quieter, quotidian violence that started long before the 2023 Israel-Hamas War.