Thursday, October 24, 2013

The Challenges of Determining What is "Excessive"

The principle of proportionality is a fundamental component of IHL, based on the notion that parties to an armed conflict do not have unlimited means in which to exact damage on an enemy. Nonetheless, civilian casualties during conflict are more than an on the ground reality, they are a consequence of a complex and ambiguous legal calculus recognized during hostilities. So how does IHL control excessive casualties? Article 51 (5)(b) of Additional Protocol I places this responsibility on the attacker, justifying resulting incidental civilian casualties and damage only if the concrete and direct military advantage anticipated is greater. Operationally this proportionality calculus has proven problematic. Especially difficult and commonly disputed is whether proportionality must take into account the entire conflict timeframe. This critical uncertainty can pose an incredible strain on governments, militaries and IHL. Furthermore, this ambiguity can result in additional casualties.

The challenges surrounding excessive casualties were discussed at NBOL’s 2013 workshop - The Operationalization of the Law: Enhancing the Symmetry between IHL and Military Operational Art - hosted at the ICT’s 13th World Summit on Counter-Terrorism.


Highlighted are two quotes, one from Col. (Ret) Richard M. Whitaker, Judge Advocate, U.S. Army, and Mr. Anton Camen of the ICRC delegation in Israel. 

As always we encourage you to share your opinions in the comment section below.
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Tuesday, September 24, 2013

"Kill v. Capture"


Through a combination of interrelated yet multifarious factors, the “kill v. capture” debate has developed into one of the hottest topics related to the operationalization of IHL. These factors include the exponential development and usage of non-lethal weapons, the intensified effort of NGOs and IGOs to interpret IHL through the prism of human rights law (HRL), and the global media’s fascination with the casualties of asymmetric conflict. This was a featured topic at NBOL’s 2013 workshop – The Operationalization of the Law: Enhancing the Symmetry between IHL and Military Operational Art - hosted at the ICT’s 13th World Summit on Counter-Terrorism. 

Highlighted are two opposing quotes from Mr. Anton Camen of the ICRC delegation in Israel and the Occupied Territories and Lt. Col. (GS) Chris de Cock of the Legal Dept., Belgian Armed Forces. 

Please share your perspective on this debate by using our comment section below.
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Monday, September 9, 2013

'Operational' Law


This special entry, our first post ever, does not follow the standard formatting of IHLToday.com. Instead, this excellent single entry from Prof. Geoffrey S. Corn provides a critical overview of the increasing significance of international humanitarian law (IHL) and its operationalization, highlighting both its advantages and disadvantages. His ringing endorsement of our initiative underscores how we expect to contribute to the advancement of IHL. Please use our comment section and share your valuable thoughts below.
Click the read more button below to read full opinion.