The Ethics of War: Proportionality and Nationalism

Context:

• Since the outbreak of the Russia-Ukraine war and the Israel-Hamas conflict, there has been considerable debate about the importance of proportionality. 

Proportionality as a myth in war: The intense bloodshed in the ongoing war between Hamas and Israel has evoked strong emotional responses from people across the world. 

• Ex- The Prime Minister of Norway stated that Israel’s use of military force against Hamas in Gaza is “beyond proportionality.” 

International humanitarian law (IHL) and Principle of proportionality:

• Restriction on using force: It places restrictions on the use of force, especially against civilians.
• Principle of Jus in Bello: IHL applicable to armed conflicts ( jus in bello ), it uses the principle of proportionality to limit the damages caused by military operations on civilian populations and objects. 
  • Once a State has resorted to the use of armed force, jus in bello kicks in to regulate and restrain the use of force in times of armed conflict.
  • It obliges to balance the military advantages sought and the damage and civilian losses related to it. 
• Differentiating civilian objects and military objectives: IHL provides that parties to the conflict must distinguish between civilian objects and military objectives by using specific methods of warfare.

Why is proportionality a myth during the war?

• Voluntary Nature of IHL: IHL is voluntary and non-binding on sovereign states. 
  • Adherence and compliance with international law rely on “good faith” as there is no entity to enforce it. 
• Myth of war without public mobilization: The belief that wars can occur without public support is a misconception. 
• War as a collision of nationalism: Wars fundamentally involve clashes of nationalisms or collective human wills, necessitating the mobilization of populations. 
  • Both Israel’s response and Hamas’ actions are rooted in civilian support. 
• Constraints in warfare: They are influenced by various factors including the: 
  • Relative capabilities of adversaries
  • Level of enemy strength
  • Tactics and operational strategies employed
  • Terrain of combat
  • Objectives pursued by the belligerents
  • Relative positions of adversaries, allies, and partners.

News Source: orfonline