Chapter

Disproportionate attacks in international criminal law

Francesco Moneta

The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel

Leiden ; Boston : Brill Nijhoff, [2015]

p. 261-296

English

This chapter analyses the notion of disproportionate attack in international humanitarian law and international criminal law. It discusses how the International Criminal Tribunal for the former Yougoslavia has grappled with the practical challenge of defining and applying the war crime of disproportionate attack. Special focus is devoted to questions of the existence of this crime in non-international conflict, of the constituent elements of such a crime, and of the required balancing test between military advantage and injury to civilians. The author provides suggestions on how to address these questions and concludes that further attention to the notion of disproportionate attack from judicial authorities (especially the International Criminal Court) is needed.

• The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel / ed. by Philipp Ambach... [et al.]