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Washington University in St. Louis

Publication Date

Spring 2024

Program Name

Switzerland: International Studies and Multilateral Diplomacy

Abstract

Proportionally in armed conflict is one of the key principles of international law, playing a crucial role in ensuring that both civilians are protected in armed conflict, but also that a military is able to accomplish its goals. This paper attempts to discern if the international legal infrastructure is well equipped to deal with proportionality in armed conflicts, especially in regard to contemporary armed conflicts. In an attempt to answer this question, this paper explores the existing legal infrastructure, looking at International Humanitarian Law as a moral system and International Criminal Law as the accompanying legal system to see how they define and deal with proportionality. This is followed by a discussion of the challenges that exist in regard to prosecuting violations of proportionality, and how this is compounded by contemporary armed conflicts. This paper finds that as a moral system, IHL is well equipped to deal with proportionality; however, ICL is lacking in terms of upholding proportionality. It suffers both from structural issues, and a lack of clarity for which revisions are needed.

Disciplines

Criminal Law | International Humanitarian Law | International Relations | Military, War, and Peace | Peace and Conflict Studies

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