Date: 2018
Type: Article
Some reflections on the 'incidental harm' side of proportionality assessments
Journal of transnational law, 2018, Vol. 51, No. 3. pp. 827-834[IOW]
GILLARD, Emanuela-Chiara, Some reflections on the 'incidental harm' side of proportionality assessments, Journal of transnational law, 2018, Vol. 51, No. 3. pp. 827-834[IOW] - https://hdl.handle.net/1814/63599
Retrieved from Cadmus, EUI Research Repository
The prohibition of attacks expected to cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated lies at the heart of the rules of international humanitarian law (IHL) regulating the conduct of hostilities. According to Article 51(5)(b) of the First Additional Protocol of 1977 to the Geneva Conventions of 1949 (AP I), a disproportionate attack is an attack that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof that would be excessive in relation to the concrete and direct military advantage anticipated.
Cadmus permanent link: https://hdl.handle.net/1814/63599
ISSN: 0090-2594
Series/Number: [IOW]
Publisher: Vanderbilt University, Law School
Grant number: FP7/340956/EU
Sponsorship and Funder information:
The research leading to these results has received funding from the European Research Council under the European Union’s Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement No 340956 - IOW - The Individualisation of War: Reconfiguring the Ethics, Law, and Politics of Armed Conflict.
