Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Chapter 1 Distinction between Civilians and Combatants (Rules 1–6)
- Chapter 2 Distinction between Civilian Objects and Military Objectives (Rules 7–10)
- Chapter 3 Indiscriminate Attacks (Rules 11–13)
- Chapter 4 Proportionality in Attack (Rule 14)
- Chapter 5 Precautions in Attack (Rules 15–21)
- Chapter 6 Precautions against the Effects of Attacks (Rules 22–24)
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 4 - Proportionality in Attack (Rule 14)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Chapter 1 Distinction between Civilians and Combatants (Rules 1–6)
- Chapter 2 Distinction between Civilian Objects and Military Objectives (Rules 7–10)
- Chapter 3 Indiscriminate Attacks (Rules 11–13)
- Chapter 4 Proportionality in Attack (Rule 14)
- Chapter 5 Precautions in Attack (Rules 15–21)
- Chapter 6 Precautions against the Effects of Attacks (Rules 22–24)
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Part IV Weapons
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 14. Launching an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited.
Practice
Volume II, Chapter 4.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
International armed conflicts
The principle of proportionality in attack is codified in Article 51(5)(b) of Additional Protocol I, and repeated in Article 57. At the Diplomatic Conference leading to the adoption of the Additional Protocols, France voted against Article 51 because it deemed that paragraph 5 by its “very complexity would seriously hamper the conduct of defensive military operations against an invader and prejudice the inherent right of legitimate defence”. Upon ratification of Additional Protocol I, however, France did not enter a reservation to this provision. At the Diplomatic Conference leading to the adoption of the Additional Protocols, Mexico stated that Article 51 was so essential that it “cannot be the subject of any reservations whatsoever since these would be inconsistent with the aim and purpose of Protocol I and undermine its basis”. Also at the Diplomatic Conference, several States expressed the view that the principle of proportionality contained a danger for the protection of the civilian population but did not indicate an alternative solution to deal with the issue of incidental damage from attacks on lawful targets.
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- Information
- Customary International Humanitarian Law , pp. 46 - 50Publisher: Cambridge University PressPrint publication year: 2005
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