proportionality
62 Articles
Proportionality and Doubt
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 research paper by…
Chatham House Report on Proportionality in the Conduct of Hostilities — Some Key Elements
A synopsis of the key elements of Chatham House's report on proportionality in the conduct of hostilities, with a focus on the incidental harm to civilians and civilian objects…
Introducing Joint Symposium on Chatham House’s “Proportionality in the Conduct of Hostilities” Report
In collaboration with Chatham House and EJIL: Talk, Just Security is hosting a joint forum on Chatham House's report on proportionality in the conduct of hostilities, with analysis…
Legal Implications of the Defect in Pentagon’s Civilian Casualty Assessments
Goodman supplements his New York Times Op-ed by discussing two legal implications of a flaw in how the Pentagon counts civilian casualties.
“Reasonable Certainty” vs “Near Certainty” in Military Targeting–What the Law Requires
Former deputy legal counsel to the Chairman of the Joint Chiefs of Staff, Commander (ret.) Mike Adams and former Special Counsel to General Counsel of the Dep’t of Defense, Ryan…
The Importance of Protecting Civilians—Through Law, Strategy, and Tactics
The spate of allegations of civilian deaths as a result of US operations in Iraq, Syria, and Yemen over the last few weeks has garnered significant interest from humanitarian groups…
How to Read the Department of Defense’s Revised Law of War Manual
Last week, the Department of Defense released a revised version of its Law of War Manual, making significant changes to one section: “Proportionality in Conducting Attacks.”…
The Defense Dept’s Law of War Manual: “Exempt” Military Objects and Investigations’ Positive Feedback Loop
Several revisions in the amended U.S. Department of Defense’s Law of War Manual address what military objects might be excluded from a strike list, and what investigations should…
Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual
The new revisions to the DoD Law of War Manual that the Department of Defense released last week are welcome in several respects. Four improvements are especially noteworthy:…
A Squarable Circle?: The Revised DoD Law of War Manual and the Challenge of Human Shields
In a new update to its Law of War (LoW) Manual, the U.S. Department of Defense kept its promise to be, as the DoD General Counsel (GC) Hon. Jennifer O’Connor reiterated at NYU…
Human Shields in the (Updated) Dept of Defense’s Law of War Manual
[Editor’s Note: On Tuesday, the Department of Defense released an updated version of its Law of War Manual. Just Security is hosting an online “mini forum” to discuss the…
The DoD Law of War Manual and the False Appeal of Differentiating Types of Civilians
In a recent speech at NYU, Department of Defense General Counsel Jennifer O’Connor suggested that after an impending revision, the US Law of War Manual would reflect the position…