Proportionality in International Humanitarian Law: Consequences, Precautions, and Procedures (The Lieber Studies Series)
$110.00
Description
Book Synopsis: The principle of proportionality is one of the corner-stones of international humanitarian law. Almost all states involved in armed conflicts recognize that launching an attack which may cause incidental harm to civilians that exceeds the direct military advantage anticipated from the attack is prohibited. This prohibition is included in military manuals, taught in professional courses, and accepted as almost axiomatic. And yet, the exact meaning of the principle is vague. Almost every issue, from the most elementary question of how to compare civilian harm and military advantage, to the obligation to employ accurate but expensive weapons, is disputed. Controversy is especially rife regarding asymmetrical conflicts, in which many modern democracies are involved. How exactly should proportionality be implemented when the enemy is not an army, but a non-state-actor embedded within a civilian population? What does it mean to use precautions in attack, when almost every attack is directed at objects that are used for both military and civilian purposes? In Proportionality in International Humanitarian Law, Amichai Cohen and David Zlotogorski discuss the philosophical and political background of the principle of proportionality. Offering a fresh and comprehensive look at this key doctrine, they comprehensively discuss the different components of the proportionality “equation” – the meaning of “incidental harm” to civilians; the “military advantage” and the term “excessive”. The book proposes the debates over the principle of proportionality be reframed to focus on the precautions taken before the attack along with the course States should follow in investigations of the violations of the principle.
Details
Discover the indispensable guide to understanding the principle of proportionality in international humanitarian law with Proportionality in International Humanitarian Law: Consequences, Precautions, and Procedures. This thought-provoking book delves into the complexities surrounding the principle of proportionality, shedding light on the blurred lines that often accompany its application. Explore the key debates surrounding asymmetrical conflicts and gain a fresh perspective on how to navigate these challenging scenarios.
Written by acclaimed authors Amichai Cohen and David Zlotogorski, this comprehensive volume provides a deep dive into the philosophical and political background of the principle of proportionality. Uncover the nuanced meanings of terms like "incidental harm" and "military advantage" and gain a deep understanding of their implications in real-world situations. Get ready to challenge your preconceptions and engage in stimulating discussions that will reshape your approach to international humanitarian law.
With Proportionality in International Humanitarian Law, the authors propose a new framework that places a strong emphasis on the precautions taken before an attack. Discover the crucial role that thorough investigations play in upholding the principle of proportionality and ensuring accountability. Whether you're a legal professional, researcher, or simply curious about the intricate world of international humanitarian law, this book is a must-have resource that will expand your knowledge and enrich your understanding of this vital doctrine.
Don't miss out on this essential guide to navigating the increasingly complex landscape of international humanitarian law. Take the first step towards mastering the principle of proportionality and its implications by ordering your copy of Proportionality in International Humanitarian Law: Consequences, Precautions, and Procedures today. Order now and redefine your understanding of this cornerstone principle in humanitarian law.
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