The Oxford handbook of international law in armed conflict
Oxford : Oxford University Press, 2014
The purpose of this chapter is to reappraise legally the notion of proportionality in humanitarian law (ius in bello), by itself and in its relations with the law governing the resort to the use of armed force (ius ad bellum). The relationship between the rules that determine the legality of the use of force and those which tend to impose restraints on military action, presents an interesting object of analysis and a litmus test for assessing the future development of the law of armed conflict. The two first sections separately analyse the structure and content of proportionality in ius in bello, and in ius ad bellum. The final section is devoted to the role of proportionality in the relationship between the two regimes.