Proportionality in International Law

Paperback | October 29, 2014

byMichael Newton, Larry May

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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and thenatural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal,and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to factson the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) andwithin jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and thenatural environment. However, its application ...

Michael Newton is Professor of the Practice of Law at Vanderbilt University Law School. He formerly taught at the United States Military Academy at West Point and at the Judge Advocate General's School and Center. Professor Newton has written extensively about use of force issues, international jurisprudence, and the enforcement of in...

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Format:PaperbackDimensions:352 pages, 9.21 × 6.14 × 0.68 inPublished:October 29, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199355053

ISBN - 13:9780199355051

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Table of Contents

1. Introduction2. What is Proportionality?3. Proportionality: A Multiplicity of Meanings4. Proportionality in the Just War Tradition5. Proportionality in International Humanitarian Law6. Proportionality in Human Rights Law and Morality7. The Uniqueness of Jus in Bello Proportionality8. Countermeasures and Counterinsurgency9. Human Shields and Risk10. Targeted Killings and Proportionality in Law: Two Models11. The Nature of War and the Idea of "Cyberwar"12. Thresholds of Jus in Bello ProportionalityBilbiographyIndex

Editorial Reviews

"There are few topics in the law governing conflict more complicated and elusive than proportionality. The authors have skillfully teased apart international law's variants of proportionality in a manner that is both accessible and sophisticated. Of particular note is their interdisciplinaryapproach and use of real-world examples. I recommend this work to scholars and practitioners alike." --Michael Schmitt, Charles H. Stockton Professor and Chairman, International Law Department, United States Naval War College Professor of Public International Law, Exeter University