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Part IV Key Concepts for Humanitarian Law, Ch.13 Proportionality in the Law of Armed Conflict

Enzo Cannizzaro

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Armed conflict — Proportionality — Belligerents — Ius ad bellum
Proportionality has long been a mysterious topic in international law. Its critics have tended to highlight its inherent indeterminacy and the subjective character of its assessment. They argue that this indeterminacy undermines the capacity of rules based on proportionality to define a predictable frame of reference for state conduct. Nonetheless, proportionality is over time becoming a constant presence in the international legal landscape. It is frequently referred to in legal scholarship and case law as a useful legal device, capable of explaining the...
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