proportionality
70 Articles
Troubling proportionality and rule-of-distinction provisions in the Law of War Manual
Oona Hathaway is absolutely right to be alarmed, and deeply concerned, about the “civilians’ assumption of risk” provisions in the new DoD Law of War Manual. If you haven’t…
The Law of War Manual’s Threat to the Principle of Proportionality
On Saturday, I had the honor of speaking to the Médecins Sans Frontières (MSF) USA General Assembly. In preparing for my talk last week, I came across a section of the US Defense…
Is it legal to target ISIL’s oil facilities and cash stockpiles?
An important story in yesterday’s New York Times explains how the U.S. and coalition forces have dramatically increased their targeting of ISIL’s oil facilities (including…
Targeting Tankers — and Their Drivers — Under the Law of War (Part 2)
Leaflets dropped 45 minutes before airstrikes targeting ISIL oil tankers. Image credit: US Defense Department Editor’s Note: This is the second in a two-part post discussing…
Was the Kunduz Strike a War Crime?
As reports poured in over the weekend that the United States bombed a Médecins Sans Frontières (MSF) hospital in Kunduz, Afghanistan, killing at least 12 MSF staff members and…
DOD’s Unbalanced Stance on Precautions Against Harming Civilians
Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts, Eric Jensen, and others.…
Casualties and Polls: Some Observations
In a recent post provocatively entitled “New Poll: American Support for Drone Strikes Plummets When Innocent US Civilians Killed,” Just Security’s editor Ryan Goodman energetically…
The Relationship Between Context and Proportionality: A Reply to Cohen and Shany
I am honored that Deans Amichai Cohen and Yuval Shany, both superb scholars that I hold in the highest regard, have responded to the Just Security post I wrote with my colleague…
Contextualizing Proportionality Analysis? A Response to Schmitt and Merriam on Israel’s Targeting Practices
In a recent post on this blog, Michael Schmitt and John Merriam discussed Israel’s compliance with international humanitarian law (IHL), based on their recent visit to Israel…
The Weapons Piece of the Proportionality Analysis in Gaza
Significant commentary (here and here) continues to be generated about proportionality and the legality of the use of force, including addressing the jus ad bellum (justification…