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Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...
Proportionality is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that the harm caused to protected civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military ...
The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...
The principle of self-defense had been acknowledged prior to the Caroline test, but it was notable for setting out specific criteria by which it could be determined whether there had been a legitimate exercise of that right. [7] The test was accepted by the United Kingdom and came to be accepted as part of customary international law. [7]
A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8 ...
I have in mind particularly the possible adoption in the future of the principle of "proportionality" which is recognised in the administrative law of several of our fellow members of the European Economic Community; but to dispose of the instant case the three already well-established heads that I have mentioned will suffice.
Proportionality (mathematics), the property of two variables being in a multiplicative relation to a constant; Ratio, of one quantity to another, especially of a part compared to a whole Fraction (mathematics) Aspect ratio or proportions; Proportional division, a kind of fair division; Percentage, a number or ratio expressed as a fraction of 100
Proportionalism is an ethical theory that lies between consequential theories and deontological theories. [1] Consequential theories, like utilitarianism, say that an action is right or wrong, depending on the consequences it produces, but deontological theories, such as Immanuel Kant's categorical imperative, say that actions are either intrinsically right or intrinsically wrong.