proportionality
70 Articles
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.
Enough: Self-Defense and Proportionality in the Israel-Hamas Conflict
The right of self-defense does not permit a disproportionate loss of civilian life, writes Professor Adil Haque in this essay on what U.N. Member States can say.
Unpacking Key Assumptions Underlying Legal Analyses of the 2023 Hamas-Israel War
"Conversations of this nature are useless if their participants fail to acknowledge their differences of opinion about underlying assumptions."
Expert Guidance: Law of Armed Conflict in the Israel-Hamas War
Experts detail how the laws of war apply to Israel-Hamas conflict to assist policymakers and the public at large.