Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

Academic

: Legal Theory Blog

Cohen on "Operation Cast Lead" & Proportionality

By Lawrence Solum

Amichai Cohen (Ono Academic College - Law School) has posted The Principle of Proportionality in the Context of Operation Cast Lead: Institutional Perspectives (Rutgers Law Record, Vol. 35, 2009) on SSRN. Here is the abstract:

The round of fighting between Israel and Hamas that began at the end of 2008, officially known in Israel as 'Operation Cast Lead,' raises several questions regarding the applicability and contents of International Humanitarian Law ('IHL'). This article will deal with only one such question: the issue of proportionality in IHL. I begin by outlining the major claims that have arisen with regards to legality of the use of force, by both Israel and Hamas, emanating from the requirements of proportionality. The second part of this paper will delineate the existing debate as to the correct interpretation of the proportionality norm in IHL. In the third part, I will suggest the appropriate requirements of proportionality in modern armed conflicts. This article suggests that the main effect of the principle of proportionality should be understood as a requirement from the executive to act reasonably and to take into account in a professional manner the conflicting requirements. Hence, the main external requirement from the military should be based on the demand for an independent assessment of whether the military acted reasonably.

Full post as published by Legal Theory Blog on June 26, 2009 (boomark / email).