The principle of proportionality in international humanitarian law

 

The principle of proportionality in international humanitarian law: balance between protection of civilians and military necessities

Introduction

The principle of proportionality is one of the key principle of international humanitarian law (IHL) that is used in the decision-making process in the time of military operations and wars. This principle forms the basis of the balance between military necessities and the protection of civilians and civilizations in times of war.

Elements of the proportionality principle

     1:Necessity of military action: This element means the existence of a legitimate necessity to start or continue a military action. In other words, the use of armed forces must be based on a legal and rational reason to defend national interests or human self-sustainability.

     2: Civil Damage Assessment: This element refers to the anticipated assessment of damage to civilians and civil infrastructure as a result of military actions. The purpose of this assessment is to determine the possible effects on infrastructure and ordinary people by gathering available information and conducting detailed research.

    3: Military advantage: This element refers to the advantages that can be obtained from military action, in other words, to what extent military action can lead to military achievements. These advantages can include capturing strategic areas, destroying enemy military equipment, or winning a war.

The legal framework of the principle of proportionality

The principle of proportionality is generally defined in IHL rules and regulations. The Geneva Conventions and supplementary protocols, as one of the main principles of national international humanitarian law, pay attention to the balance between the protection of human rights and military needs.

In addition, the principle of proportionality has been recognized as a rule of traditional international law. This means that the principle of proportionality is considered a part of different codes and civilizations as a rule of morality and fairness in wartime.

Using the principle of proportionality in military operations

The principle of proportionality is used in wartime to mean the balance between providing military security and least harm to civilians and civil infrastructure. This principle helps the armed forces and military decision makers to make decisions based on available knowledge and accurate assessment.

For example, when targeting an attack on a military installation, decision makers must assess the direct impact of the attack on infrastructure and civilians. If the attack on the military facilities leads to irreparable and widespread damage to the civil infrastructure, but the military advantage is very little, the principle of proportionality needs to be reconsidered in decision making.

Challenges and differences

One of the challenges of the principle of proportionality is related to the amount of military objectives and civil effects.

It may be problematic in times of conflict to accurately assess civil and environmental effects it requires a comprehensive and accurate information. Also, advancements in technology and accuracy in targeting have increased the complexity of fit assessment. For example, in airstrikes using drones and advanced technologies, very high accuracy can make attacks on civilian areas close to civilians more accurate.

The role of international courts and tribunals

Investigating violations of principle of proportionality and the role of international courts and tribunals in forming its interpretation is very important. The experiences and decisions of these institutions have helped to define more precisely the concepts related to the principle of proportionality.

Investigating and testing the reasons for the principle of proportionality makes this principle more precise and accessible in different war situations.

The role of humanitarian diplomacy and propaganda

Institutions related to IHL and the organization of ICRC play a key role in promotion of this principle.

Through conducting research and publishing reports, these organizations raise public awareness of the importance of protecting civilians and human interaction in times of war.

Conclusion

The principle of proportionality, helps to improve morale during war and reduce damage to civilians. Efforts to implement this principle to improve human conditions in the face of wars and military accidents continue throughout history.