Home Institution
Washington University in St. Louis
Publication Date
Spring 2024
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
Recommended Citation
Caney, Reed, "The Efficacy of the Legal Infrastructure of Proportionality in Contemporary Armed Conflicts" (2024). Independent Study Project (ISP) Collection. 3762.
https://digitalcollections.sit.edu/isp_collection/3762
Included in
Criminal Law Commons, International Humanitarian Law Commons, International Relations Commons, Military, War, and Peace Commons, Peace and Conflict Studies Commons
Program Name
Switzerland: International Studies and Multilateral Diplomacy