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.”

About the principle of proportionality:

Attack Prohibition: It prohibits attacks against military objectives which are “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”.
Limiting Damages: It seeks to limit damage caused by military operations by requiring that the effects of the means and methods of warfare used must not be disproportionate to the military advantage sought.

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.