proportionality
62 Articles
The IDF Attack on Al Jalaa Tower: Criticisms Are Correct on the Law, But Mistaken in Applying It
A response to Professor Adil Haque's influential analysis.
The IDF’s Unlawful Attack on Al Jalaa Tower
The IDF's reported view — that civilian apartments don't have to count in the legal analysis when taking such a strike — is flawed beyond repair, writes professor Adil Haque.…
Dispatch from Israel on Human Shields: What I Should’ve Said to a Dad on the Playground
Who's responsible for the deaths of those civilians in Gaza who were near areas where Hamas operates?
Avoiding Collateral Damage on the Battlefield
What are the rules on avoiding harm to civilians in armed conflict and how are they applied in an operational context? A detailed explainer on the processes, technologies, and…
Human Shields and Proportionality: How Legal Experts Defended War Crimes in Sri Lanka
The Sri Lankan Civil War constitutes an unprecedented case in terms of the number of people who were framed as human shields and the mobilization of prominent human rights…
An Overview of International Humanitarian Law in France’s New Cyber Document
France's positions explained - with translations of key text - on important issues like the meaning of "attack" and the application of the principles of distinction and proportionality…
The Yemen Project: Open Source Investigations and the Law of War
An unprecedented open source investigation aids the legal analysis of allegedly unlawful strikes by the Saudi-led coalition, but also has limits in reaching legal conclusions under…
Proportionality and 150 Iranian Lives: Do They “Count”?
General (ret.) Ken Watkin explains why assessing civilian casualties in the jus ad bellum proportionality analysis is the right approach.
A Critique of Defense Dept General Counsel Ney’s Remarks on the Law of War
"The law of war applies equally to U.S. forces and to ISIS, to Syria and to Russia. We should keep that in mind when we hear Ney recite Lieber’s dictum, 'The more vigorously…
Less Transparency Won’t Fix a Lack of Transparency: A Response to Gen. Dunlap on Civilian Casualty Reporting Requirements
"Dunlap’s perspective is a valuable one, and a robust debate on the parameters of transparency around U.S. counterterrorism operations is warranted. But mischaracterizing the…
Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations
Retired General Charlie Dunlap writes that partial transparency on civilian casualty reports may be worse than none.
Calibrating the Compass of Proportionality
This article is part of our joint symposium with EJIL: Talk! on Chatham House’s “Proportionality in the Conduct of Hostilities” Report. Chatham House’s newly published…