PROPORTIONALITY: Important Legal Principle

This Law has opened in a separate window so that you can study it simultaneously with other documents.
To search for a word, use the "find" function in the Edit Menu at the top of your browser.
To close or minimalize this page, click in the appropriate box in the upper right corner.

Relevant Major Principles of International Law - (4) PROPORTIONALITY - An Important Legal Principle for measuring the Legality of a Military Action:

RELEVANT PRINCIPLE OF INTERNATIONAL LAW

International Law acknowledges that an occupying military force has the right to protect itself (see Section #1 on legal reasons for military actions). But even that right is limited - self-defensive action must be proportional to the threat that it is defending against. Thus for example, people who are not directly implicated in a military action must not be punished for that action. In addition, private and public buildings and other economic assets belonging to people not involved in that action must not be harmed unless they are directly involved in a military threat to the occupying forces.

Another side to proportionality is 'RELEVANCE' - the military action or the targets of the military action must be directly relevant to the threat to the occupying force or to public safety.

The clearest direct expression of this principle in major international humanitarian law is the ban on collective punishment found in the Geneva Conventions of 1949 (see below for quote, and the section on Collective Punishment (#5)) which is defined as punishment of people for a crime or military action which they are not directly involved with.

RELEVANT LAWS & RESPONSES

As per International Law -
- Hague Regulations IV (1907) articles 43 (full text) (specific article - see below)
- Geneva Conventions IV (1949), articles 33 (full text) (specific article - see below)
Israeli Violations -
- 5. Israel's continual practice of collective punishment is the clearest illustration of how Israel violates the principle of proportionality because by definition collective punishment involves punishing people for a crime that they were not directly involved with, as for example when Israel punishes an entire village or neighborhood for the actions of a few members (more details).
International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -

RELEVANT QUOTES FROM TEXTS

Hague Regulations IV (1907), article 43:

Article 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

Geneva Conventions IV (1949), article 33:

Article 33. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.

Pillage is prohibited.

Reprisals against protected persons and their property are prohibited.

REFERENCES

Any comments, suggestions, or questons are most welcomed. Please contact us at [email protected]