Article

Interpretive complexity and the international humanitarian law principle of proportionality

Richard C. Gross... [et al.]

• Proceedings of the [...] annual meeting of the American Society of International Law, No. 108, 2014, p. 81-105

English

These remarks by Janina Dill, Daniel Cahen and Yoram Dinstein were presented in the context of a panel discussion introduced by Richard Gross during the annual meeting of the American Society of International Law. After each giving a brief introduction on the principle of proportionality, the panelists discuss several fictitious hypotheticals in relation with the following themes: (1) The open-texture, subjectivity, prospectivity, and temporal scope of the principle of proportionality in international armed conflict; (2) The implications of proportionality in international humanitarian law as compared to the much narrower proportionality standard in international human rights law; (3) Whether and to what extent the principle of proportionality is binding de jure in non-international armed conflicts, and/or how the principle of proportionality operates in a "three-block war" where personnel face combat, law enforcement, and peacekeeping duties; and (4) The relevance or otherwise of jus ad bellum proportionality and new just war theories to the interpretation of proportionality in international humanitarian law.

• Proceedings of the [...] annual meeting of the American Society of International Law / American Society of International Law
• Proceedings of the [...] annual meeting of the American Society of International Law [No. 108, 2014] / American Society of International Law