proportionality
70 Articles
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…
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.