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.
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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
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November 17, 2023