Challenging the Perplexity over Jus in Bello Proportionality

European Journal of Legal Studies, Vol. 7, No. 2, 2014

17 Pages Posted: 9 Mar 2015

See all articles by Joshua Andresen

Joshua Andresen

University of Surrey School of Law

Date Written: 2014

Abstract

Contrary to the common claim that jus in bello proportionality is an obscure and intractable principle of modern warfare, this paper shows that proportionality balancing has a central role to play in assuring efficient military operations with a minimum number of casualties. Military commanders can and should want to understand proportionality as a requirement to measure military advantage in terms of lives saved and direct their operations toward the most life-saving operations. The targeted killing context in particular highlights the advantage of making proportionality analysis a central component of military strategy in asymmetrical conflicts.

Keywords: jus in bello, Proportionality, law of war

Suggested Citation

Andresen, Joshua, Challenging the Perplexity over Jus in Bello Proportionality (2014). European Journal of Legal Studies, Vol. 7, No. 2, 2014, Available at SSRN: https://ssrn.com/abstract=2574817

Joshua Andresen (Contact Author)

University of Surrey School of Law ( email )

Frank Whittle Building
Guildford, GU2 7XH
United Kingdom

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