Proportionality under International Humanitarian Law: The "Reasonable Military Commander" Standard and Reverberating Effects

Authors

Ian Henderson
Kate Reece

First Page

835

Abstract

The principle of proportionality protects civilians and civilian objects against expected incidental harm from an attack that is excessive to the military advantage anticipated from the attack. However, despite its status as a fundamental norm of international humanitarian law (IHL), key terms are not defined in relevant treaties nor do they benefit from critical judicial explanation. This has caused challenges for both academics and military commanders alike in explaining and applying the test for proportionality.

The Article expands upon two points that were raised and generated interesting discussion at The Second Israel Defense Forces International Conference on the Law of Armed Conflict during a panel that dealt with contemporary issues in proportionality.

Recommended Citation

Ian Henderson and Kate Reece, Proportionality under International Humanitarian Law: The "Reasonable Military Commander" Standard and Reverberating Effects, 51 Vanderbilt Law Review 835 (2021)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol51/iss3/12