Proportionality in international humanitarian law : (Record no. 80258)

MARC details
000 -LEADER
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001 - CONTROL NUMBER
control field 4lbxcjgw2xq9mb4b
003 - CONTROL NUMBER IDENTIFIER
control field SE-LIBR
005 - DATE AND TIME
control field 20221117112911.0
008 - GENERAL INFORMATION
fixed length control field 221116s2021 nyu||||||b||||001 0|eng|c
020 ## - ISBN
ISBN 9780197556726
020 ## - ISBN
ISBN 0197556728
020 ## - ISBN
Cancelled/invalid ISBN 9780197556740
020 ## - ISBN
Cancelled/invalid ISBN 9780197556733
020 ## - ISBN
Cancelled/invalid ISBN 9780197556757
020 ## - ISBN
Cancelled/invalid ISBN 9780197556740
-- 9780197556733
-- 9780197556757
020 ## - ISBN
Cancelled/invalid ISBN 9780197556740
-- 9780197556733
-- 9780197556757
020 ## - ISBN
Cancelled/invalid ISBN 9780197556740
-- 9780197556733
-- 9780197556757
040 ## - CATALOGUING LIBRARY
Original cataloging library Sipr
Modifying library OCLCO
-- OCLCF
-- YDX
-- OCLCO
-- WLL
-- OCLCO
041 ## - LANGUAGE CODE
Language code eng
100 1# - AUTHOR
Personal name Cohen, Amichai
245 10 - TITLE
Title Proportionality in international humanitarian law :
Subtitle consequences, precautions, and procedures /
Author, etc Amichai Cohen, David Zlotogorski
260 ## - PUBLICATION DATA
Place of publication New York, NY :
Publisher OUP,
Year 2021
300 ## - PAGES ETC
Pages xviii, 262 pages ;
Dimensions 25 cm.
490 1# - SERIES TITLE
Series title Lieber studies ;
Number volume 6
500 ## - GENERAL NOTE
General note SIP2212
504 ## - BIBLIOGRAPHY, ETC. NOTE
About the authors Includes bibliographical references and index.
505 8# - CONTENTS
Contents An introduction to proportionality -- Ethical and constitutional foundations -- A general overview of proportionality in IHL -- Military advantage -- Incidental harms and the analysis of proportionality -- Soldiers vs. civilians -- Strategic and cultural considerations -- Direct participation in hostilities and its effect on proportionality -- Human shields and proportionality -- The principle of distinction and its relation to proportionality -- The vagueness of proportionality -- Procedural aspects of proportionality -- Judicial review and investigations -- The future of proportionality.
520 ## - SUMMARY
Summary, etc "There are few concepts in international law that captivate the mind and cause bitter debates as much as the application of the principle of proportionality in contemporary armed conflict. As conflicts are increasingly fought in urban settings, the concept of proportionality plays a crucial role in the protection of civilians from the horrors of war. This book is a study of proportionality as it is currently understood in the laws of armed conflict-also known as international humanitarian law (IHL). The principle of proportionality is one of the cornerstones of IHL, together with the other basic principles of distinction between civilians and combatants, the prohibition on the infliction of unnecessary suffering, the notion of military necessity, and the principle of humanity. Although proportionality is notoriously opaque and can seem a topic for theoreticians, the real-world impact of this principle and its interpretation is very concrete. States, and their armed forces, treat it as a serious limitation on their military activity. There are many reasons for the prominence of the principle of proportionality, especially, as Thomas Franck explained, its hold on the "imagination of the epistemic community in which it is used as the prism for viewing, arguing, and ultimately resolving disputes." It is, perhaps, useful to present the principle of proportionality in the context of two other cardinal principles of IHL: the principles of necessity and of distinction. According to these, only combatants and military objectives may be targeted during armed conflicts. The attacking party must ascertain whether a given target is military or civilian, and refrain from attacking the latter. The principle of proportionality adds a further constraint to the principle of distinction. Even if the target is a military objective, attacking it is prohibited if it is expected to cause incidental harm to civilians "which would be excessive in relation to the concrete and direct military advantage anticipated." For example, while civilian buildings cannot be attacked during a military operation, a building which is housing a group of soldiers can be attacked, because this makes it a military objective. However, the principle of proportionality place limits on how and when this building may be attacked. It is prohibited to attack the building if it is known that a large number of civilians either in the building or in its vicinity would be harmed, even if unintentionally, to an extent that this harm ("collateral damage") would be excessive relative to the military advantage gained by the attack. Thus, distinction and proportionality impose two cumulative conditions which must both be fulfilled in order for an attack to be lawful. Both principles limit the freedom of operation and the discretion of the belligerent parties, and thereby play an important role in protecting civilians from the vicissitudes of armed conflict"--
650 #0 - KEYWORD
Keyword human rights
Subdivision international law
-- laws of war
653 ## - UNCONTROLLED KEYWORD
Uncontrolled keyword proportionality in law
653 ## - UNCONTROLLED KEYWORD
Uncontrolled keyword international humanitarian law
700 1# - ADDED AUTHOR/EDITOR
Author/Editor Zlotogorski, David
830 #0 - AUTHORIZED SERIES TITLE
Authorized title Lieber studies ;
Volume number/sequential designation volume 6
852 ## - LOCATION
Classification part 341.3 Cohen
942 ## - ITEM TYPE (KOHA)
Koha item type monograph
Holdings
Withdrawn status Lost status Damaged status Not for loan Home library Current library Date acquired Total Checkouts Total Renewals Full call number Acquisition no. Checked out Date last seen Date checked out Koha item type
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