Proportionality and Collateral Damage
Wolff Heintschel von Heinegg
- Geneva Conventions 1949 Additional Protocol 1 — Military objectives — Proportionality
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 Other than in law enforcement operations, there is no general principle of proportionality applicable to the conduct of hostilities during an international or non-international armed conflict. The rules and principles of international humanitarian law themselves are the product of balancing humanity and military necessity . There are, however, some rules that explicitly require the parties to an armed conflict to apply a specific proportionality test, such as the prohibition of unnecessary suffering and superfluous injury, although the relationship between the...