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date: 04 August 2020

Abstract and Keywords

This chapter focuses on proportionality as a device in international law and as an alternative model of law-making. It first discusses proportionality as a form of legal control in armed conflict, the notion of proportionality in humanitarian law (ius in bello), by itself and in its relations with the law governing the resort to the use of armed force (ius ad bellum). It then analyses the structure and content of proportionality in ius in bello and in ius ad bellum, how proportionality is applied in the treatment of civilians, and the structure of the proportionality assessment in symmetrical and asymmetrical legal relations.

Keywords: proportionality, international law, law-making, armed conflict, humanitarian law, ius in bello, ius ad bellum, civilians, legal relations

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