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International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, [1] even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an ...
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [1] [2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
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 ...
Under International Humanitarian Law, it is a foundational principle that hospitals receive special protected status. ... proportionality and precaution. In each case, it has acted in accordance ...
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 United States government stated in an undated Department of Justice White paper entitled "Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force" that the four fundamental law-of-war principles governing the use of force are necessity, distinction ...
International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, [4] even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an ...
While International Humanitarian Law (IHL) does prohibit attacks on protected civilians, the precautions that a power must take before an attack remain ill-defined. Proportionality remains a nebulous standard that does not set a predictable standard for when a military action against a human shield would be considered lawful.