Part VII General Problems, Ch.55 The Principle of Proportionality from a Jus Ad Bellum Perspective

Subject(s):

UN Charter — Self-defence — Armed conflict, international — Armed conflict, non-international — Weapons, nuclear — Armed attack — Armed forces — Terrorism — Terrorism, financing — Genocide — War crimes — Ethnic cleansing

This chapter analyses the principle of proportionality from a jus ad bellum perspective and its application in the exercise of the right of self-defence, in the use of force to protect human rights, and against terrorism. It first gives an overview of the contemporary law of the use of force as codified in the UN Charter, followed by a discussion on proportionality in customary international law. It then considers the measures by which double proportionality is calculated and, in particular, how proportionality can be measured when it seeks to meet the general objective of the use of force. Finally, the chapter examines the concept of proportionality as reflected in the judicial decisions of the International Court of Justice (ICJ) and in the legal opinions of the ICJ judges.