| Autor: |
David Zlotogorski, Amichai Cohen |
| Rok vydání: |
2021 |
| Předmět: |
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| Zdroj: |
Proportionality in International Humanitarian Law |
| DOI: |
10.1093/oso/9780197556726.003.0005 |
| Popis: |
The principle of proportionality requires weighing the expected military advantage from an attack against the anticipated harm to civilians and civilian objects. This chapter discusses the civilian side of the proportionality equation. It presents the most comprehensive discussion of this subject in the existing literature. The following issues are scrutinized: the meaning of the term civilian; the kinds of harm that the attacking party should consider (damage to persons and objects, economic harm, damage to the environment); the need to take into account indirect and reverberating effects of the attack; the required certainty in anticipating that the attack’s harm would be inflicted; and finally—what constitutes “excessive” incidental harm. The chapter then discusses how the two sides of the proportionality analysis must be weighed and compared. Is proportionality merely any imbalance between the collateral damage as compared with the military advantage, or is a higher threshold required? From whose viewpoint is proportionality examined and under what standard of examination? |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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